Transportation resources

AN ACT Relating to transportation resources; amending RCW 1
46.20.202, 46.20.037, 46.20.1201, 47.66.130, 47.04.390, 77.55.181, 2
70A.65.240, 47.47.020, 46.63.075, 46.63.220, 82.08.9999, 46.17.323, 3
46.17.324, 46.63.160, 82.38.030, 70A.205.405, 82.32.145, 82.42.020, 4
82.42.090, 47.68.250, 47.68.250, 82.48.030, and 82.48.080; amending 5
2025 c 417 s 1406 (uncodified); reenacting and amending RCW 6
46.20.161, 46.20.117, 47.04.010, 43.84.092, 43.84.092, 43.84.092, 7
43.84.092, 43.84.092, 43.84.092, 82.08.020, 82.12.020, and 46.68.090; 8
adding new sections to chapter 46.04 RCW; adding a new section to 9
chapter 1.80 RCW; adding new sections to chapter 46.20 RCW; adding a 10
new section to chapter 46.22 RCW; adding a new section to chapter 11
47.44 RCW; adding a new section to chapter 47.04 RCW; adding a new 12
section to chapter 43.59 RCW; creating new sections; repealing RCW 13
82.48A.010, 82.48A.020, 82.48A.030, and 82.48A.040; prescribing 14
penalties; providing effective dates; providing a contingent 15
effective date; providing expiration dates; providing contingent 16
expiration dates; and declaring an emergency. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:18
NEW SECTION. Sec. 1. The legislature recognizes that with the 19
enactment of Engrossed Substitute Senate Bill No. 5801 during the 20
2025 legislative session, the legislature addressed the state 21
S-4029.4
SENATE BILL 6352
State of Washington 69th Legislature 2026 Regular Session
By Senators Liias and King
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transportation system's pressing near, mid, and long-term needs that 1
necessitated reliance on reliable funding resources, as well as the 2
efficient use of those resources. Because the production, 3
maintenance, and utilization of transportation resources across the 4
state continues to be an inherently complex, multifaceted issue, the 5
legislature intends with this act to continue to address these 6
resource needs by addressing certain topics from Engrossed Substitute 7
Senate Bill No. 5801, and associated matters, that require additional 8
legislative work. 9
PART I: MOBILE DRIVER'S LICENSE AND IDENTICARD AND $1 DRIVER'S 10
LICENSE/IDENTICARD FEE INCREASE11
NEW SECTION. Sec. 101. A new section is added to chapter 46.04 12
RCW to read as follows: 13
"Mobile credential" is the electronic extension of the 14
department's normally issued physical version that conveys identity, 15
driving privilege, or both, that resides on a mobile device or 16
requires a mobile device as part of the process to gain access to the 17
related information. 18
NEW SECTION. Sec. 102. A new section is added to chapter 46.04 19
RCW to read as follows: 20
"Relying party" is any federal, state, local, or private entity 21
where a mobile credential may be presented for verification purposes. 22
Relying parties shall authenticate an electronic credential in 23
accordance with applicable American association of motor vehicle 24
administrators and international organization for standardization 25
standards prior to acceptance of the electronic credential.26
NEW SECTION. Sec. 103. A new section is added to chapter 1.80 27
RCW to read as follows: 28
(1) If a law requires a person to provide proof of 29
identification, the requirement may be satisfied with a mobile 30
credential so long as the mobile credential is electronically 31
verified. Each governmental agency of the state shall determine 32
whether, and the extent to which, a governmental agency will accept a 33
mobile credential. However, as required under RCW 46.20.017, a 34
licensee must have the licensee's physical credential on the 35
licensee's person while operating a motor vehicle.36
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(2) Relying parties shall only retain data from a mobile 1
credential for which the relying party explicitly obtained consent 2
from the credential holder. Relying parties must inform the 3
credential holder of the use and retention period of the mobile 4
credential data. 5
NEW SECTION. Sec. 104. A new section is added to chapter 46.20 6
RCW to read as follows: 7
(1) By July 1, 2028, the department must establish a program that 8
allows every qualifying applicant for a driver's license or 9
identicard the ability to acquire a mobile credential in addition to 10
the physical version of these documents. 11
(2) By January 1, 2028, the department must adopt rules to 12
implement subsection (1) of this section, which include, but are not 13
limited to, issuance and verification requirements, expiration date, 14
security and privacy protections, and the uses associated with the 15
mobile credential. 16
Sec. 105. RCW 46.20.161 and 2025 c 417 s 305 and 2025 c 217 s 3 17
are each reenacted and amended to read as follows:18
(1)(a) The department, upon receipt of a fee as specified in (b) 19
of this subsection, shall issue to every qualifying applicant a 20
driver's license. A driver's license issued to a person under the age 21
of 18 is an intermediate license, subject to the restrictions imposed 22
under RCW 46.20.075, until the person reaches the age of 18.23
(b)(i) The driver's license fee shall be $10 for each year that 24
the license is issued, which includes the fee for the required 25
photograph. 26
(ii) Beginning July 1, 2028, and on July 1st every three years 27
thereafter, the fee under (b)(i) of this subsection must be increased 28
by $1 for each year that the license is issued. 29
(2) The license must include: 30
(a) A distinguishing number assigned to the licensee;31
(b) The name of record; 32
(c) Date of birth; 33
(d) Washington residence address; 34
(e) Photograph; 35
(f) A brief description of the licensee; 36
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(g) Either a facsimile of the signature of the licensee or a 1
space upon which the licensee shall write the licensees' usual 2
signature with pen and ink immediately upon receipt of the license;3
(h) If applicable, the person's status as a veteran as provided 4
in subsection (4) of this section; 5
(i) If applicable, a medical alert designation as provided in 6
subsection (5) of this section; and 7
(j) At the option of the licensee, the inclusion of the 8
licensee's blood type, provided that the licensee presents 9
documentation verifying the blood type from a licensed physician, 10
medical facility, or blood donation organization. 11
(3) No license is valid until it has been signed by the licensee.12
(4)(a) A veteran, as defined in RCW 41.04.007, may apply to the 13
department to obtain a veteran designation on a driver's license 14
issued under this section by providing: 15
(i) A United States department of veterans affairs identification 16
card or proof of service letter; 17
(ii) A United States department of defense discharge document, DD 18
Form 214 or DD Form 215, as it exists on June 7, 2018, or such 19
subsequent date as may be provided by the department by rule, 20
consistent with the purposes of this section, or equivalent or 21
successor discharge paperwork, that establishes the person's service 22
in the armed forces of the United States and qualifying discharge as 23
defined in RCW 73.04.005; 24
(iii) A national guard state-issued report of separation and 25
military service, NGB Form 22, as it exists on June 7, 2018, or such 26
subsequent date as may be provided by the department by rule, 27
consistent with the purposes of this section, or equivalent or 28
successor discharge paperwork, that establishes the person's active 29
duty or reserve service in the national guard and qualifying 30
discharge as defined in RCW 73.04.005; or 31
(iv) A United States uniformed services identification card, DD 32
Form 2, that displays on its face that it has been issued to a 33
retired member of any of the armed forces of the United States, 34
including the national guard and armed forces reserves.35
(b) The department may permit a veteran, as defined in RCW 36
41.04.007, to submit alternate forms of documentation to apply to 37
obtain a veteran designation on a driver's license.38
(5) Any person may apply to the department to obtain a medical 39
alert designation, a developmental disability designation, or a 40
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deafness designation on a driver's license issued under this chapter 1
by providing: 2
(a) Self-attestation that the individual: 3
(i) Has a medical condition that could affect communication or 4
account for a driver health emergency; 5
(ii) Is deaf or hard of hearing; or 6
(iii) Has a developmental disability as defined in RCW 7
71A.10.020; 8
(b) A statement from the person that they have voluntarily 9
provided the self-attestation and other information verifying the 10
condition; and 11
(c) For persons under 18 years of age or who have a developmental 12
disability, the signature of a parent or legal guardian.13
(6) A self-attestation or data contained in a self-attestation 14
provided under this section: 15
(a) Shall not be disclosed; 16
(b) Is for the confidential use of the director, the chief of the 17
Washington state patrol, and law enforcement and emergency medical 18
service providers as designated by law; and 19
(c) Is subject to the privacy protections of the driver's privacy 20
protection act, 18 U.S.C. Sec. 2725. 21
(7) By July 1, 2028, the department must establish a program that 22
allows every qualifying applicant for a driver's license issued under 23
this section the ability to acquire a mobile credential in addition 24
to the physical version of this document.25
Sec. 106. RCW 46.20.117 and 2025 c 417 s 307 and 2025 c 217 s 2 26
are each reenacted and amended to read as follows:27
(1) Issuance. The department shall issue an identicard, 28
containing a picture, if the applicant: 29
(a) Does not hold a valid Washington driver's license;30
(b) Proves the applicant's identity as required by RCW 46.20.035; 31
and 32
(c) Pays the required fee as specified in subsection (7) of this 33
section, unless an applicant is: 34
(i) A recipient of continuing public assistance grants under 35
Title 74 RCW, or a participant in the Washington women, infants, and 36
children program. Any applicant under this subsection must be 37
verified by documentation sufficient to demonstrate eligibility;38
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(ii) Under the age of 25 and does not have a permanent residence 1
address as determined by the department by rule; or2
(iii) An individual who is scheduled to be released from an 3
institution as defined in RCW 13.40.020, a community facility as 4
defined in RCW 72.05.020, a correctional facility as defined in RCW 5
72.09.015, or other juvenile rehabilitation facility operated by the 6
department of social and health services or the department of 7
children, youth, and families; or an individual who has been released 8
from such an institution or facility within 30 calendar days before 9
the date of the application. 10
For those persons under (c)(i) through (iii) of this subsection, 11
the fee must be the actual cost of production of the identicard.12
(2)(a) Design and term. The identicard must: 13
(i) Be distinctly designed so that it will not be confused with 14
the official driver's license; and 15
(ii) Except as provided in subsection (7) of this section, expire 16
on the eighth anniversary of the applicant's birthdate after 17
issuance. 18
(b) The identicard may include the person's status as a veteran, 19
consistent with RCW 46.20.161(4). 20
(c) If applicable, the identicard may include a medical alert 21
designation as provided in subsection (5) of this section.22
(d) If applicable, the identicard may include an optional blood 23
type designation consistent with RCW 46.20.161(2)(j).24
(3) Renewal. An application for identicard renewal may be 25
submitted by means of: 26
(a) Personal appearance before the department;27
(b) Mail or electronic commerce, if permitted by rule of the 28
department and if the applicant did not renew the identicard by mail 29
or by electronic commerce when it last expired; or30
(c) From January 1, 2022, to June 30, 2024, electronic commerce, 31
if permitted by rule of the department. 32
An identicard may not be renewed by mail or by electronic 33
commerce unless the renewal issued by the department includes a 34
photograph of the identicard holder. 35
(4) Cancellation. The department may cancel an identicard if the 36
holder of the identicard used the card or allowed others to use the 37
card in violation of RCW 46.20.0921. 38
(5) Any person may apply to the department to obtain a medical 39
alert designation, a developmental disability designation, or a 40
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deafness designation on an identicard issued under this chapter by 1
providing: 2
(a) Self-attestation that the individual: 3
(i) Has a medical condition that could affect communication or 4
account for a health emergency; 5
(ii) Is deaf or hard of hearing; or 6
(iii) Has a developmental disability as defined in RCW 7
71A.10.020; 8
(b) A statement from the person that they have voluntarily 9
provided the self-attestation and other information verifying the 10
condition; and 11
(c) For persons under 18 years of age or who have a developmental 12
disability, the signature of a parent or legal guardian.13
(6) A self-attestation or data contained in a self-attestation 14
provided under this section: 15
(a) Shall not be disclosed; and 16
(b) Is for the confidential use of the director, the chief of the 17
Washington state patrol, and law enforcement and emergency medical 18
service providers as designated by law. 19
(7) Alternative issuance/renewal/extension. 20
(a) Except as allowed under this subsection, the department must 21
issue or renew an identicard for eight years. The department may 22
issue or renew an identicard for a period other than eight years, or 23
may extend by mail or electronic commerce an identicard that has 24
already been issued. The fee for an identicard issued or renewed, or 25
that has been extended by mail or electronic commerce, is $10 for 26
each year that the identicard is issued, renewed, or extended. The 27
department must offer the option to issue or renew an identicard for 28
six years in addition to the eight year issuance. The department may 29
adopt any rules as are necessary to carry out this subsection.30
(b) Beginning July 1, 2028, and on July 1st every three years 31
thereafter, the fee under (a) of this subsection must be increased by 32
$1 for each year that the identicard is issued, renewed, or extended.33
(8) Identicard photos must be updated in the same manner as 34
driver's license photos under RCW 46.20.120(5). 35
(9) By July 1, 2028, the department must establish a program that 36
allows every qualifying applicant for an identicard issued under this 37
section the ability to acquire a mobile credential in addition to the 38
physical version of this document.39
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Sec. 107. RCW 46.20.202 and 2022 c 182 s 205 are each amended to 1
read as follows: 2
(1) The department may enter into a memorandum of understanding 3
with any federal agency for the purposes of facilitating the crossing 4
of the border between the state of Washington and the Canadian 5
province of British Columbia. 6
(2) The department may enter into an agreement with the Canadian 7
province of British Columbia for the purposes of implementing a 8
border-crossing initiative. 9
(3)(a) The department may issue an enhanced driver's license or 10
identicard for the purposes of crossing the border between the state 11
of Washington and the Canadian province of British Columbia to an 12
applicant who provides the department with proof of: United States 13
citizenship, identity, and state residency. The department shall 14
continue to offer a standard driver's license and identicard. If the 15
department chooses to issue an enhanced driver's license, the 16
department must allow each applicant to choose between a standard 17
driver's license or identicard, or an enhanced driver's license or 18
identicard. 19
(b) The department shall implement a one-to-many biometric 20
matching system for the enhanced driver's license or identicard. An 21
applicant for an enhanced driver's license or identicard shall submit 22
a biometric identifier as designated by the department. The biometric 23
identifier must be used solely for the purpose of verifying the 24
identity of the holders and for any purpose set out in RCW 46.20.037. 25
Applicants are required to sign a declaration acknowledging their 26
understanding of the one-to-many biometric match. 27
(c) The enhanced driver's license or identicard must include 28
reasonable security measures to protect the privacy of Washington 29
state residents, including reasonable safeguards to protect against 30
unauthorized disclosure of data about Washington state residents. If 31
the enhanced driver's license or identicard includes a radio 32
frequency identification chip, or similar technology, the department 33
shall ensure that the technology is encrypted or otherwise secure 34
from unauthorized data access. 35
(d) The requirements of this subsection are in addition to the 36
requirements otherwise imposed on applicants for a driver's license 37
or identicard. The department shall adopt such rules as necessary to 38
meet the requirements of this subsection. From time to time the 39
department shall review technological innovations related to the 40
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security of identity cards and amend the rules related to enhanced 1
driver's licenses and identicards as the director deems consistent 2
with this section and appropriate to protect the privacy of 3
Washington state residents. 4
(e) Notwithstanding RCW 46.20.118, the department may make images 5
associated with enhanced drivers' licenses or identicards from the 6
negative file available to United States customs and border agents 7
for the purposes of verifying identity. 8
(4) Beginning October 1, 2022, the fee for an enhanced driver's 9
license or enhanced identicard is $56, which is in addition to the 10
fees for any regular driver's license or identicard. If the enhanced 11
driver's license or enhanced identicard is issued, renewed, or 12
extended for a period other than eight years, the fee for each class 13
is $7 for each year that the enhanced driver's license or enhanced 14
identicard is issued, renewed, or extended. 15
(5)(a) The first $4 per year of issuance, to a maximum of $32 of 16
the enhanced driver's license and enhanced identicard fee under this 17
section must be deposited into the highway safety fund unless prior 18
to July 1, 2023, the actions described in (a)(i) or (ii) of this 19
subsection occur, in which case the portion of the revenue that is 20
the result of the fee increased in section 209, chapter 44, Laws of 21
2015 3rd sp. sess. must be distributed to the connecting Washington 22
account created under RCW 46.68.395. 23
(i) Any state agency files a notice of rule making under chapter 24
34.05 RCW, absent explicit legislative authorization enacted 25
subsequent to July 1, 2015, for a rule regarding a fuel standard 26
based upon or defined by the carbon intensity of fuel, including a 27
low carbon fuel standard or clean fuel standard. 28
(ii) Any state agency otherwise enacts, adopts, orders, or in any 29
way implements a fuel standard based upon or defined by the carbon 30
intensity of fuel, including a low carbon fuel standard or clean fuel 31
standard, without explicit legislative authorization enacted 32
subsequent to July 1, 2015. 33
(iii) Nothing in this subsection acknowledges, establishes, or 34
creates legal authority for the department of ecology or any other 35
state agency to enact, adopt, order, or in any way implement a fuel 36
standard based upon or defined by the carbon intensity of fuel, 37
including a low carbon fuel standard or clean fuel standard.38
(b) $24 of the enhanced driver's license and enhanced identicard 39
fee under this section must be deposited into the move ahead WA 40
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flexible account created in RCW 46.68.520. If the enhanced driver's 1
license or enhanced identicard is issued, renewed, or extended for a 2
period other than eight years, the amount deposited into the move 3
ahead WA flexible account created in RCW 46.68.520 is $3 for each 4
year that the enhanced driver's license or enhanced identicard is 5
issued, renewed, or extended. 6
(6) By July 1, 2028, the department must establish a program that 7
allows every qualifying applicant for an enhanced driver's license or 8
enhanced identicard issued under this section the ability to acquire 9
a mobile credential in addition to the physical version of this 10
document.11
Sec. 108. RCW 46.20.037 and 2024 c 54 s 56 are each amended to 12
read as follows: 13
(1) The department may implement a facial recognition matching 14
system for drivers' licenses, permits, and identicards. Any facial 15
recognition matching system selected by the department must be used 16
only to verify ((the)):17
(a) The identity of an applicant for or holder of a driver's 18
license, permit, or identicard to determine whether the person has 19
been issued a driver's license, permit, or identicard under a 20
different name or names; and21
(b) The identity of an applicant for purposes of application and 22
issuance for a mobile credential of the documents under (a) of this 23
subsection. 24
(2) Any facial recognition matching system selected by the 25
department must be capable of highly accurate matching, and must be 26
compliant with appropriate standards established by the American 27
association of motor vehicle administrators that exist on June 7, 28
2012, or such subsequent date as may be provided by the department by 29
rule, consistent with the purposes of this section.30
(3) The department shall post notices in conspicuous locations at 31
all department driver licensing offices, make written information 32
available to all applicants at department driver licensing offices, 33
and provide information on the department's website regarding the 34
facial recognition matching system. The notices, written information, 35
and information on the website must address how the facial 36
recognition matching system works, all ways in which the department 37
may use results from the facial recognition matching system, how an 38
investigation based on results from the facial recognition matching 39
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system would be conducted, and a person's right to appeal any 1
determinations made under this chapter. 2
(4) Results from the facial recognition matching system:3
(a) Are not available for public inspection and copying under 4
chapter 42.56 RCW; 5
(b) May only be disclosed when authorized by a court order;6
(c) May only be disclosed to a federal government agency if 7
specifically required under federal law; and 8
(d) May only be disclosed by the department to a government 9
agency, including a court or law enforcement agency, for use in 10
carrying out its functions if the department has determined that 11
person has committed one of the prohibited practices listed in RCW 12
46.20.0921 and this determination has been confirmed by a hearings 13
examiner under this chapter or the person declined a hearing or did 14
not attend a scheduled hearing. 15
(5) All personally identifying information derived from the 16
facial recognition matching system must be stored with appropriate 17
security safeguards. Washington technology solutions shall develop 18
the appropriate security standards for the department's use of the 19
facial recognition matching system, subject to approval and oversight 20
by the technology services board. 21
(6) The department shall develop procedures to handle instances 22
in which the facial recognition matching system fails to verify the 23
identity of an applicant for a renewal or duplicate driver's license, 24
permit, or identicard. These procedures must allow an applicant to 25
prove identity without using the facial recognition matching system.26
NEW SECTION. Sec. 109. A new section is added to chapter 46.22 27
RCW to read as follows: 28
Any data collected by the department and displayed on a mobile 29
credential, will be handled the same as data collected for the 30
issuance of a physical credential and protected and shared in 31
accordance with this chapter, chapter 42.56 RCW, and RCW 43.17.425 32
and 7.115.020. 33
Sec. 110. RCW 46.20.1201 and 2021 c 240 s 13 are each amended to 34
read as follows: 35
(1) An additional $1 fee shall be imposed on each application for 36
an original or renewal of a regular driver's license, regular 37
identicard, enhanced driver's license, or enhanced identicard. The 38
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entire amount of the fee shall be used to pay for processing costs 1
for driver's license issuance and reinstatements, and information 2
technology upgrades and the ongoing costs to maintain the driver's 3
license and identicard record and issuance system. 4
(2) An additional $1 mobile driver's license and identicard fee 5
shall be imposed on each application for an original or renewal of a 6
regular driver's license, regular identicard, enhanced driver's 7
license, or enhanced identicard. The entire amount of the fee shall 8
be used to pay for costs associated with providing an optional mobile 9
credential in addition to the physical version of a driver's license 10
or identicard to qualifying applicants.11
(3) The department shall forward all funds accruing under this 12
section to the state treasurer who shall deposit the moneys to the 13
credit of the highway safety fund. 14
PART II: TRANSIT GRANTS15
Sec. 201. RCW 47.66.130 and 2022 c 182 s 416 are each amended to 16
read as follows: 17
(1) The department shall establish a bus and bus facilities grant 18
program. The purpose of this competitive grant program is to provide 19
grants to any transit authority for the replacement, expansion, 20
rehabilitation, and purchase of transit rolling stock; construction, 21
modification, or rehabilitation of transit facilities; safety or 22
security enhancements for transit rolling stock or transit 23
facilities; and funding to adapt to technological change or 24
innovation through the retrofitting of transit rolling stock and 25
facilities. 26
(2)(a) The department must incorporate environmental justice 27
principles into the grant selection process, with the goal of 28
increasing the distribution of funding to communities based on 29
addressing environmental harms and provide environmental benefits for 30
overburdened communities, as defined in RCW 70A.02.010, and 31
vulnerable populations. 32
(b) The department must incorporate geographic diversity into the 33
grant selection process. 34
(c) No grantee may receive more than 35 percent of the amount 35
appropriated for the grant program in a particular biennium.36
(d) Fuel type may not be a factor in the grant selection process.37
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(e) Grant funds may not be used for any expenses relating to 1
armed security.2
(3) The department must establish an advisory committee to carry 3
out the mandates of this section, including assisting with the 4
establishment of grant criteria. 5
(4) The department must report annually to the transportation 6
committees of the legislature on the status of any grant projects 7
funded by the program created under this section. 8
(5) For the purposes of this section: 9
(a) "Transit authority" means a city transit system under RCW 10
35.58.2721 or chapter 35.95A RCW, a county public transportation 11
authority under chapter 36.57 RCW, a metropolitan municipal 12
corporation transit system under chapter 36.56 RCW, a public 13
transportation benefit area under chapter 36.57A RCW, an 14
unincorporated transportation benefit area under RCW 36.57.100, or 15
any special purpose district formed to operate a public 16
transportation system. 17
(b) "Transit rolling stock" means transit vehicles including, but 18
not limited to, buses, ferries, and vans. 19
PART III: BICYCLE EDUCATION GRANT PROGRAM20
Sec. 301. RCW 47.04.390 and 2025 c 417 s 711 are each amended to 21
read as follows: 22
(1)(a) The department shall establish a statewide school-based 23
bicycle education grant program. The grant will support two programs: 24
One for grades three through eight; and one for grades six through 12 25
aged youth to develop the skills and street safety knowledge to be 26
more confident bicyclists for transportation and/or recreation. In 27
development of the grant program, the department is encouraged to 28
consult with the environmental justice council and the office of 29
equity. 30
(b) Youth participating in the school-based bicycle education 31
grant program shall have an opportunity to receive a bike, lock, 32
helmet, and lights, and maintenance supplies free of cost.33
(2) For the grades ((through)) three through eight and grades six 34
through 12 programs, the department shall contract with a nonprofit 35
organization with relevant reach and experience, including a 36
statewide footprint and demonstrable experience deploying bicycling 37
and road safety education curriculum via a train the trainer model in 38
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schools. The selected nonprofit shall identify partner schools and 1
partner organizations that serve target populations, based on the 2
criteria in subsection (4) of this section. Partner schools shall 3
receive from the nonprofit: In-school bike and pedestrian safety 4
education curriculum, materials, equipment guidance and consultation, 5
and physical education teacher training. Selected school districts 6
shall receive and maintain a fleet of bicycles for the youth in the 7
program. 8
(3) For the grades six through 12 program, the department shall 9
contract with a nonprofit organization with relevant reach and 10
experience, including a statewide footprint; demonstrable experience 11
developing and managing youth-based programming serving youth of 12
color in an after-school and/or community setting; and deploying 13
bicycling and road safety education curriculum via a train the 14
trainer model. The selected nonprofit shall use the equity-based 15
criteria in subsection (4) of this section to identify target 16
populations and partner organizations including, but not limited to, 17
schools, community-based organizations, housing authorities, and 18
parks and recreation departments, that work with the eligible 19
populations of youth. Partner organizations shall receive from the 20
nonprofit: Education curriculum, materials, equipment including, but 21
not limited to, bicycles, helmets, locks, and lights, guidance and 22
consultation, and initial instructor/volunteer training, as well as 23
ongoing support. 24
(4) In selecting schools and partner organizations for the 25
school-based bicycle education grant program, the department and 26
nonprofit must consider, at a minimum, the following criteria:27
(a) Population impacted by poverty, as measured by free and 28
reduced lunch population or 200 percent federal poverty level;29
(b) People of color; 30
(c) People of Hispanic heritage; 31
(d) People with disabilities; 32
(e) Environmental health disparities, such as those indicated by 33
the diesel pollution burden portion of the Washington environmental 34
health disparities map developed by the department of health, or 35
other similar indicators; 36
(f) Location on or adjacent to an Indian reservation;37
(g) Geographic location throughout the state; 38
(h) Crash experience involving pedestrians and bicyclists;39
(i) Access to a community facility or commercial center; and40
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(j) Identified need in the state active transportation plan or a 1
regional, county, or community plan. 2
(5) The department shall submit a report for both programs to the 3
transportation committees of the legislature by December 1, 2022, and 4
each December 1st thereafter identifying the selected programs and 5
school districts for funding by the legislature. The report must also 6
include the status of previously funded programs. 7
(6) The statewide school-based bicycle education grant program 8
account is created in the state treasury. Moneys in the account may 9
be spent only after appropriation. Expenditures from the account may 10
be used only for the program activities described in this section.11
(7) Beginning September 2029, by the last day of September, 12
December, March, and June of each year, the state treasurer shall 13
transfer $3,375,000 from the multimodal transportation account 14
created in RCW 47.66.070 to the statewide school-based bicycle 15
education grant program account created in this section.16
PART IV: FISH PASSAGE BARRIER CORRECTION PROJECTS17
Sec. 401. RCW 77.55.181 and 2021 c 289 s 1 are each amended to 18
read as follows: 19
(1)(a) In order to receive the permit review and approval process 20
created in this section, a fish habitat enhancement project must meet 21
the criteria under this section and must be a project to accomplish 22
one or more of the following tasks: 23
(i) Elimination of human-made or caused fish passage barriers, 24
including: 25
(A) Culvert repair and replacement; ((and))26
(B) Fish passage barrier removal projects that comply with the 27
forest practices rules, as the term "forest practices rules" is 28
defined in RCW 76.09.020; and29
(C) Department of transportation fish passage barrier correction 30
projects involving structures extending onto adjoining properties 31
owned by others, where the department eliminates any portion of its 32
barrier even if adjacent segments of such structures, including 33
necessary transition segments to be constructed as part of the 34
project, are determined to be a barrier to fish passage;35
(ii) Restoration of an eroded or unstable stream bank employing 36
the principle of bioengineering, including limited use of rock as a 37
stabilization only at the toe of the bank, and with primary emphasis 38
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on using native vegetation to control the erosive forces of flowing 1
water; 2
(iii) Placement of woody debris or other instream structures that 3
benefit naturally reproducing fish stocks; or 4
(iv) Restoration of native kelp and eelgrass beds and restoring 5
native oysters. 6
(b) The department shall develop size or scale threshold tests to 7
determine if projects accomplishing any of these tasks should be 8
evaluated under the process created in this section or under other 9
project review and approval processes. A project proposal shall not 10
be reviewed under the process created in this section if the 11
department determines that the scale of the project raises concerns 12
regarding public health and safety. 13
(c) A fish habitat enhancement project must be approved in one of 14
the following ways in order to receive the permit review and approval 15
process created in this section: 16
(i) By the department pursuant to chapter 77.95 or 77.100 RCW;17
(ii) By the sponsor of a watershed restoration plan as provided 18
in chapter 89.08 RCW; 19
(iii) By the department as a department-sponsored fish habitat 20
enhancement or restoration project; 21
(iv) Through the review and approval process for the jobs for the 22
environment program; 23
(v) By conservation districts as conservation district-sponsored 24
fish habitat enhancement or restoration projects; 25
(vi) Through a formal grant program established by the 26
legislature or the department for fish habitat enhancement or 27
restoration; 28
(vii) By federally recognized tribes as tribally sponsored fish 29
habitat enhancement projects or restoration projects;30
(viii) Through the department of transportation's environmental 31
retrofit program as a stand-alone fish passage barrier correction 32
project, or the fish passage barrier correction portion of a larger 33
transportation project; 34
(ix) Through a local, state, or federally approved fish barrier 35
removal grant program designed to assist local governments in 36
implementing stand-alone fish passage barrier corrections;37
(x) By a city or county for a stand-alone fish passage barrier 38
correction project funded by the city or county; 39
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(xi) Through the approval process established for forest 1
practices hydraulic projects in chapter 76.09 RCW; or2
(xii) Through other formal review and approval processes 3
established by the legislature. 4
(2) Fish habitat enhancement projects meeting the criteria of 5
subsection (1) of this section are expected to result in beneficial 6
impacts to the environment. Decisions pertaining to fish habitat 7
enhancement projects meeting the criteria of subsection (1) of this 8
section and being reviewed and approved according to the provisions 9
of this section are not subject to the requirements of RCW 10
43.21C.030(2)(c). 11
(3)(a) A permit is required for projects that meet the criteria 12
of subsection (1) of this section and are being reviewed and approved 13
under this section. An applicant shall use a joint aquatic resource 14
permit application form developed by the office of regulatory 15
assistance to apply for approval under this chapter. The department 16
of transportation shall use the department's online permit 17
application system or a joint aquatic resource permit application 18
form developed by the office of regulatory assistance to apply for 19
approval under this chapter. On the same day, the applicant shall 20
provide copies of the completed application form to the department 21
and to each appropriate local government. Applicants for a forest 22
practices hydraulic project that are not otherwise required to submit 23
a joint aquatic resource permit application must submit a copy of 24
their forest practices application to the appropriate local 25
government on the same day that they submit the forest practices 26
application to the department of natural resources.27
(b) Local governments shall accept the application identified in 28
this section as notice of the proposed project. A local government 29
shall be provided with a 15-day comment period during which it may 30
transmit comments regarding environmental impacts to the department 31
or, for forest practices hydraulic projects, to the department of 32
natural resources. 33
(c)(i) Except for forest practices hydraulic projects, the 34
department shall, within 45 days, either issue a permit, with or 35
without conditions, deny approval, or make a determination that the 36
review and approval process created by this section is not 37
appropriate for the proposed project. The department shall base this 38
determination on identification during the comment period of adverse 39
impacts that cannot be mitigated by the conditioning of a permit. 40
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Permitting decisions over forest practices hydraulic approvals must 1
be made consistent with chapter 76.09 RCW. 2
(ii) For department of transportation fish passage barrier 3
correction projects, the department of fish and wildlife shall, 4
within 30 days, either issue a permit, with or without conditions, 5
deny approval, or make a determination that the review and approval 6
process created by this section is not appropriate for the proposed 7
project. 8
(d) If the department determines that the review and approval 9
process created by this section is not appropriate for the proposed 10
project, the department shall notify the applicant and the 11
appropriate local governments of its determination. The applicant may 12
reapply for approval of the project under other review and approval 13
processes. 14
(e) Any person aggrieved by the approval, denial, conditioning, 15
or modification of a permit other than a forest practices hydraulic 16
project under this section may appeal the decision as provided in RCW 17
77.55.021(8). Appeals of a forest practices hydraulic project may be 18
made as provided in chapter 76.09 RCW. 19
(4) No local government may require permits or charge fees for 20
fish habitat enhancement projects that meet the criteria of 21
subsection (1) of this section and that are reviewed and approved 22
according to the provisions of this section, except that, pursuant to 23
chapter 86.16 RCW, a local government may impose such requirements, 24
or charge such fees, or both, only as may be necessary in order for 25
the local government to administer the national flood insurance 26
program regulation requirements. 27
(5) No civil liability may be imposed by any court on the state 28
or its officers and employees for any adverse impacts resulting from 29
a fish enhancement project permitted by the department or the 30
department of natural resources under the criteria of this section 31
except upon proof of gross negligence or willful or wanton 32
misconduct. 33
PART V: CLEAN ENERGY FACILITIES34
Sec. 501. RCW 47.04.010 and 2023 c 431 s 11 are each reenacted 35
and amended to read as follows: 36
The following words and phrases, wherever used in this title, 37
shall have the meaning as in this section ascribed to them, unless 38
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where used the context thereof shall clearly indicate to the contrary 1
or unless otherwise defined in the chapter of which they are a part:2
(1) "Active transportation" includes forms of pedestrian mobility 3
including walking or running, the use of a mobility assistive device 4
such as a wheelchair, bicycling and cycling irrespective of the 5
number of wheels, and the use of small personal devices such as foot 6
scooters or skateboards. Active transportation includes both 7
traditional and electric-assisted bicycles and other devices. 8
Planning for active transportation must consider and address 9
accommodation pursuant to the Americans with disabilities act and the 10
distinct needs of each form of active transportation;11
(2) "Alley." A highway within the ordinary meaning of alley not 12
designated for general travel and primarily used as a means of access 13
to the rear of residences and business establishments;14
(3) "Arterial highway." Every highway, as herein defined, or 15
portion thereof designated as such by proper authority;16
(4) "Business district." The territory contiguous to and 17
including a highway, as herein defined, when within any 600 feet 18
along such highway there are buildings in use for business or 19
industrial purposes including, but not limited to, hotels, banks, or 20
office buildings, railroad stations, and public buildings which 21
occupy at least 300 feet of frontage on one side or 300 feet 22
collectively on both sides of the highway; 23
(5) "Center line." The line, marked or unmarked parallel to and 24
equidistant from the sides of a two-way traffic roadway of a highway 25
except where otherwise indicated by painted lines or markers;26
(6) "Center of intersection." The point of intersection of the 27
center lines of the roadways of intersecting highways;28
(7) "City street." Every highway as herein defined, or part 29
thereof located within the limits of incorporated cities and towns, 30
except alleys; 31
(8) "Clean energy facility" means any facility identified in RCW 32
43.21F.100(1);33
(9) "Combination of vehicles." Every combination of motor vehicle 34
and motor vehicle, motor vehicle and trailer, or motor vehicle and 35
semitrailer; 36
(((9))) (10) "Commercial vehicle." Any vehicle the principal use 37
of which is the transportation of commodities, merchandise, produce, 38
freight, animals, or passengers for hire; 39
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(((10))) (11) "Complete streets" means an approach to planning, 1
designing, building, operating, and maintaining streets that enable 2
safe access along and across the street for all people, including 3
pedestrians, bicyclists, motorists, and transit riders of all ages 4
and abilities. It incorporates principles of a safe system approach;5
(((11))) (12) "County road." Every highway as herein defined, or 6
part thereof, outside the limits of incorporated cities and towns and 7
which has not been designated as a state highway, or branch thereof;8
(((12))) (13) "Crosswalk." The portion of the roadway between the 9
intersection area and a prolongation or connection of the farthest 10
sidewalk line or in the event there are no sidewalks then between the 11
intersection area and a line ten feet therefrom, except as modified 12
by a marked crosswalk; 13
(((13))) (14) "Highway." Every way, lane, road, street, 14
boulevard, and every way or place in the state of Washington open as 15
a matter of right to public vehicular travel both inside and outside 16
the limits of incorporated cities and towns; 17
(((14))) (15) "Intersection area." (a) The area embraced within 18
the prolongation or connection of the lateral curb lines, or, if 19
none, then the lateral boundary lines of the roadways of two or more 20
highways which join one another at, or approximately at, right 21
angles, or the area within which vehicles traveling upon different 22
highways joining at any other angle may come in conflict;23
(b) Where a highway includes two roadways 30 feet or more apart, 24
then every crossing of each roadway of such divided highway by an 25
intersecting highway shall be regarded as a separate intersection. In 26
the event such intersecting highway also includes two roadways 30 27
feet or more apart, then every crossing of two roadways of such 28
highways shall be regarded as a separate intersection;29
(c) The junction of an alley with a street or highway shall not 30
constitute an intersection; 31
(((15))) (16) "Intersection control area." The intersection area 32
as herein defined, together with such modification of the adjacent 33
roadway area as results from the arc or curb corners and together 34
with any marked or unmarked crosswalks adjacent to the intersection;35
(((16))) (17) "Laned highway." A highway the roadway of which is 36
divided into clearly marked lanes for vehicular traffic;37
(((17))) (18) "Local authorities." Every county, municipal, or 38
other local public board or body having authority to adopt local 39
police regulations under the Constitution and laws of this state;40
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(((18))) (19) "Marked crosswalk." Any portion of a roadway 1
distinctly indicated for pedestrian crossing by lines or other 2
markings on the surface thereof; 3
(((19))) (20) "Metal tire." Every tire, the bearing surface of 4
which in contact with the highway is wholly or partly of metal or 5
other hard, nonresilient material; 6
(((20))) (21) "Motor truck." Any motor vehicle, as herein 7
defined, designed or used for the transportation of commodities, 8
merchandise, produce, freight, or animals; 9
(((21))) (22) "Motor vehicle." Every vehicle, as herein defined, 10
which is in itself a self-propelled unit; 11
(((22))) (23) "Multiple lane highway." Any highway the roadway of 12
which is of sufficient width to reasonably accommodate two or more 13
separate lanes of vehicular traffic in the same direction, each lane 14
of which shall be not less than the maximum legal vehicle width, and 15
whether or not such lanes are marked; 16
(((23))) (24) "Operator." Every person who drives or is in actual 17
physical control of a vehicle as herein defined; 18
(((24))) (25) "Peace officer." Any officer authorized by law to 19
execute criminal process or to make arrests for the violation of the 20
statutes generally or of any particular statute or statutes relative 21
to the highways of this state; 22
(((25))) (26) "Pedestrian." Any person afoot or who is using a 23
wheelchair, power wheelchair as defined in RCW 46.04.415, or a means 24
of conveyance propelled by human power other than a bicycle;25
(((26))) (27) "Person." Every natural person, firm, 26
copartnership, corporation, association, or organization;27
(((27))) (28) "Personal wireless service." Any federally licensed 28
personal wireless service; 29
(((28))) (29) "Personal wireless service facilities." Unstaffed 30
facilities that are used for the transmission or reception, or both, 31
of personal wireless services including, but not necessarily limited 32
to, antenna arrays, transmission cables, equipment shelters, and 33
support structures; 34
(((29))) (30) "Pneumatic tires." Every tire of rubber or other 35
resilient material designed to be inflated with compressed air to 36
support the load thereon; 37
(((30))) (31) "Population center" includes incorporated cities 38
and towns, including their urban growth areas, and census-designated 39
places; 40
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(((31))) (32) "Private road or driveway." Every way or place in 1
private ownership and used for travel of vehicles by the owner or 2
those having express or implied permission from the owner, but not by 3
other persons; 4
(((32))) (33) "Railroad." A carrier of persons or property upon 5
vehicles, other than streetcars, operated upon stationary rails, the 6
route of which is principally outside incorporated cities and towns;7
(((33))) (34) "Railroad sign or signal." Any sign, signal, or 8
device erected by authority of a public body or official or by a 9
railroad and intended to give notice of the presence of railroad 10
tracks or the approach of a railroad train; 11
(((34))) (35) "Residence district." The territory contiguous to 12
and including the highway, as herein defined, not comprising a 13
business district, as herein defined, when the property on such 14
highway for a continuous distance of 300 feet or more on either side 15
thereof is in the main improved with residences or residences and 16
buildings in use for business; 17
(((35))) (36) "Roadway." The paved, improved, or proper driving 18
portion of a highway designed, or ordinarily used for vehicular 19
travel; 20
(((36))) (37) "Safe system approach" means an internationally 21
recognized holistic and proactive approach to road safety intended to 22
systematically reduce fatal and serious injury crash potential; as 23
described by the federal highway administration, the approach is 24
based on the following elements: Safe roads, safe speeds, safe 25
vehicles, safe road users, and postcrash care. The safe system 26
approach is incorporated through policies and practices of state 27
agencies and local governments with appropriate jurisdiction;28
(((37))) (38) "Safety zone." The area or space officially set 29
apart within a roadway for the exclusive use of pedestrians and which 30
is protected or is marked or indicated by painted marks, signs, 31
buttons, standards, or otherwise so as to be plainly discernible;32
(((38))) (39) "Shared-use path," also known as a "multiuse path," 33
means a facility designed for active transportation use and 34
physically separated from motorized vehicular traffic within the 35
highway right-of-way or on an exclusive right-of-way with minimal 36
crossflow by motor vehicles. Shared-use paths are primarily used by 37
pedestrians and people using bicycles or micromobility devices, 38
including those who use nonmotorized or motorized wheeled mobility or 39
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assistive devices. With appropriate design considerations, 1
equestrians may also be accommodated by a shared-use path facility;2
(((39))) (40) "Sidewalk." That property between the curb lines or 3
the lateral lines of a roadway, as herein defined, and the adjacent 4
property, set aside and intended for the use of pedestrians or such 5
portion of private property parallel and in proximity to a highway 6
and dedicated to use by pedestrians; 7
(((40))) (41) "Solid tire." Every tire of rubber or other 8
resilient material which does not depend upon inflation with 9
compressed air for the support of the load thereon;10
(((41))) (42) "State highway." Every highway as herein defined, 11
or part thereof, which has been designated as a state highway, or 12
branch thereof, by legislative enactment; 13
(((42))) (43) "Streetcar." A vehicle other than a train, as 14
herein defined, for the transporting of persons or property and 15
operated upon stationary rails principally within incorporated cities 16
and towns; 17
(((43))) (44) "Structurally deficient." A state bridge that is 18
classified as in poor condition under the state bridge condition 19
rating system and is reported by the state to the national bridge 20
inventory as having a deck, superstructure, or substructure rating of 21
four or below. Structurally deficient bridges are characterized by 22
deteriorated conditions of significant bridge elements and 23
potentially reduced load carrying capacity. Bridges deemed 24
structurally deficient typically require significant maintenance and 25
repair to remain in service, and require major rehabilitation or 26
replacement to address the underlying deficiency; 27
(((44))) (45) "Traffic." Pedestrians, ridden or herded animals, 28
vehicles, streetcars, and other conveyances either singly or together 29
while using any highways for purposes of travel; 30
(((45))) (46) "Traffic control signal." Any traffic device, as 31
herein defined, whether manually, electrically, or mechanically 32
operated, by which traffic alternately is directed to stop or proceed 33
or otherwise controlled; 34
(((46))) (47) "Traffic devices." All signs, signals, markings, 35
and devices not inconsistent with this title placed or erected by 36
authority of a public body or official having jurisdiction, for the 37
purpose of regulating, warning, or guiding traffic;38
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(((47))) (48) "Train." A vehicle propelled by steam, electricity, 1
or other motive power with or without cars coupled thereto, operated 2
upon stationary rails, except streetcars; 3
(((48))) (49) "Vehicle." Every device capable of being moved upon 4
a highway and in, upon, or by which any person or property is or may 5
be transported or drawn upon a highway, excepting power wheelchairs, 6
as defined in RCW 46.04.415, or devices moved by human or animal 7
power or used exclusively upon stationary rails or tracks.8
Words and phrases used herein in the past, present, or future 9
tense shall include the past, present, and future tenses; words and 10
phrases used herein in the masculine, feminine, or neuter gender 11
shall include the masculine, feminine, and neuter genders; and words 12
and phrases used herein in the singular or plural shall include the 13
singular and plural; unless the context thereof shall indicate to the 14
contrary. 15
NEW SECTION. Sec. 502. A new section is added to chapter 47.44 16
RCW to read as follows: 17
This chapter does not apply to leases issued for the deployment 18
of clean energy facilities as provided in section 503 of this act.19
NEW SECTION. Sec. 503. A new section is added to chapter 47.04 20
RCW to read as follows: 21
(1) The department shall establish a process for issuing a lease 22
for the use of the right-of-way by a clean energy facility developer. 23
Consistent with federal highway administration approval, the lease 24
must include the right of direct ingress and egress from the highway 25
for construction and maintenance of the clean energy facility during 26
nonpeak hours if public safety is not adversely affected. Direct 27
ingress and egress may be allowed at any time for the construction of 28
the facility if public safety is not adversely affected and if 29
construction will not substantially interfere with traffic flow 30
during peak traffic periods. The lease may specify an indirect 31
ingress and egress to the facility if it is reasonable and available 32
for the particular location. 33
(2) The cost of the lease must be limited to the fair market 34
value of the portion of the right-of-way being used by the clean 35
energy facility developer and the direct administrative expenses 36
incurred by the department in processing the lease application.37
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If the department and the clean energy facility developer are 1
unable to agree on the cost of the lease, the clean energy facility 2
developer may submit the cost of the lease to binding arbitration by 3
serving written notice on the department. Within 30 days of receiving 4
the notice, each party shall furnish a list of acceptable 5
arbitrators. The parties shall select an arbitrator; failing to agree 6
on an arbitrator, each party shall select one arbitrator and the two 7
arbitrators shall select a third arbitrator for an arbitration panel. 8
The arbitrator or panel shall determine the cost of the lease based 9
on comparable siting agreements. Costs of the arbitration, including 10
compensation for the arbitrator's services, must be borne equally by 11
the parties participating in the arbitration and each party shall 12
bear its own costs and expenses, including legal fees and witness 13
expenses, in connection with the arbitration proceeding.14
(3) The department shall act on an application for a lease within 15
60 days of receiving a completed application, unless a clean energy 16
facility developer consents to a different time period.17
(4) The reasons for a denial of a lease application must be 18
supported by substantial evidence contained in a written record.19
(5) The department may adopt rules to implement this section.20
(6) All lease money paid to the department under this section 21
shall be deposited in the motor vehicle fund created in RCW 22
46.68.070. 23
(7) This section does not apply when a clean energy facility is 24
procured for delivery under chapter 47.47 RCW or when the clean 25
energy facility developer is the department or contracted by the 26
department. 27
(8) For the purposes of this section: 28
(a) "Right-of-way" means all state-owned land within a state 29
highway corridor and any other land under the jurisdiction of the 30
department. 31
(b) "Clean energy facility developer" means every corporation, 32
company, association, joint stock association, firm, partnership, or 33
person that constructs, owns, operates, or manages any clean energy 34
facility. "Clean energy facility developer" includes a service 35
provider's contractors, subcontractors, and legal successors.36
Sec. 504. RCW 70A.65.240 and 2022 c 182 s 101 are each amended 37
to read as follows: 38
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(1) The carbon emissions reduction account is created in the 1
state treasury. Moneys in the account may be spent only after 2
appropriation. Expenditures from the account are intended to affect 3
reductions in transportation sector carbon emissions through a 4
variety of carbon reducing investments. These can include, but are 5
not limited to: Transportation alternatives to single occupancy 6
passenger vehicles; reductions in single occupancy passenger vehicle 7
miles traveled; reductions in per mile emissions in vehicles, 8
including through the funding of alternative fuel infrastructure and 9
incentive programs; and emission reduction programs for freight 10
transportation, including motor vehicles and rail, as well as for 11
ferries and other maritime and port activities. Expenditures from the 12
account may only be made for transportation carbon emission reducing 13
purposes and may not be made for highway purposes authorized under 14
the 18th Amendment of the Washington state Constitution, other than 15
specified in this section, and shall be made in accordance with 16
subsection (2) of this section. It is the legislature's intent that 17
expenditures from the account used to reduce carbon emissions be made 18
with the goal of achieving equity for communities that historically 19
have been omitted or adversely impacted by past transportation 20
policies and practices. 21
(2) Appropriations in an omnibus transportation appropriations 22
act from the carbon emissions reduction account shall be made 23
exclusively to fund the following activities: 24
(a) Active transportation; 25
(b) Transit programs and projects; 26
(c) Alternative fuel and electrification; 27
(d) Clean energy facilities located in or on right-of-way or 28
property under the jurisdiction of the department of transportation;29
(e) Ferries; and 30
(((e))) (f) Rail. 31
Sec. 505. RCW 47.47.020 and 2025 c 417 s 1202 are each amended 32
to read as follows: 33
The definitions in this section apply throughout this chapter 34
unless the context clearly requires otherwise. 35
(1) "Commission" means the transportation commission.36
(2) "Department" means the department of transportation.37
(3) "Eligible transportation project" means any project that is 38
not a rail project and meets the criteria to be evaluated for 39
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delivery in RCW 47.47.060, whether capital or operating, where the 1
state's purpose for the project is to preserve or facilitate the safe 2
transport of people or goods via any mode of travel or to establish, 3
operate, or maintain a clean energy facility in or on right-of-way or 4
property under the jurisdiction of the department. 5
(4) "Private sector partner" and "private partner" means a 6
person, entity, or organization that is not the federal government, a 7
state, or a political subdivision of a state. 8
(5) "Public funds" means all moneys derived from taxes, fees, 9
charges, tolls, or other levies of money from the public.10
(6) "Public sector partner" and "public partner" means any 11
federal or state unit of government, bistate transportation 12
organization, or any other political subdivision of any state.13
(7) "State finance committee" means the entity created in chapter 14
43.33 RCW. 15
(8) "Unit of government" means any department or agency of the 16
federal government, any state or agency, office, or department of a 17
state, any city, county, district, commission, authority, entity, 18
port, or other public corporation organized and existing under 19
statutory law or under a voter-approved charter or initiative, and 20
any intergovernmental entity created under chapter 39.34 RCW or this 21
chapter. 22
NEW SECTION. Sec. 506. The process for issuing leases required 23
in section 503 of this act must be established by July 1, 2026.24
NEW SECTION. Sec. 507. The department of transportation shall 25
report to the appropriate committees of the legislature on the 26
implementation of the lease process by December 1, 2026. The 27
department must submit this report to the office of financial 28
management and the transportation committees of the legislature.29
PART VI: OLDER DRIVERS30
NEW SECTION. Sec. 601. A new section is added to chapter 43.59 31
RCW to read as follows: 32
Subject to the availability of funds appropriated for this 33
specific purpose, the Washington traffic safety commission, in 34
consultation with the department of licensing, must create an older 35
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driver traffic safety awareness program that consists of, but is not 1
limited to, the following: 2
(1) A public education campaign that produces and disseminates 3
through all possible media informational and educational materials 4
explaining how aging can affect driving; 5
(2) A comprehensive website that includes, but is not limited to:6
(a) Informational resources on aging and driving;7
(b) Guidance for family and caregivers, including warning signs, 8
with concerns about older drivers; 9
(c) Access to an online self-assessment tool for older drivers; 10
and 11
(d) Information on when and how to report a medically at-risk 12
driver and how to get around without a vehicle; and13
(3) A designated older driver safety awareness week highlighting 14
resources for older road users, including tips, tools, and any 15
additional guidance to assist older drivers. 16
NEW SECTION. Sec. 602. A new section is added to chapter 46.20 17
RCW to read as follows: 18
(1) By January 1, 2028, the department, after consulting with the 19
appropriate organizations, shall create and implement an older driver 20
reduced fee identicard program. 21
(2) The fee for the identicard is $5 regardless of issuance time 22
period. 23
(3) Older drivers eligible for the program are currently licensed 24
drivers aged 70 years or older who agree to voluntarily replace their 25
driver's license with an identicard, provided the individual:26
(a) Meets the department criteria under RCW 46.20.117;27
(b) Meets the department criteria under RCW 46.20.202, if the 28
eligible older driver wishes to obtain an enhanced identicard; and29
(c) Is expected to reside in a location within Washington state.30
(4) The department is authorized to adopt rules necessary to 31
implement the older driver reduced fee identicard program under this 32
section. 33
PART VII: TRAFFIC SAFETY CAMERA ENFORCEMENT AND REVENUE34
Sec. 701. RCW 46.63.075 and 2024 c 307 s 10 are each amended to 35
read as follows: 36
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(1) In a traffic infraction case involving an infraction detected 1
through the use of an automated traffic safety camera under RCW 2
46.63.220 through 46.63.260, detected through the use of a speed 3
safety camera system under RCW 46.63.200, or detected through the use 4
of an automated school bus safety camera under RCW 46.63.180, proof 5
that the particular vehicle described in the notice of traffic 6
infraction was in violation of any such provision of RCW 46.63.220 7
through 46.63.260 or RCW 46.63.200 and 46.63.180, together with proof 8
that the person named in the notice of traffic infraction was at the 9
time of the violation the registered owner of the vehicle, 10
constitutes in evidence a prima facie presumption that the registered 11
owner of the vehicle was the person in control of the vehicle at the 12
point where, and for the time during which, the violation occurred.13
(2) ((This)) The presumption under subsection (1) of this section 14
may be overcome only if the registered owner states, under oath, in a 15
written statement to the court or in testimony before the court that 16
the vehicle involved was, at the time, stolen or in the care, 17
custody, or control of some person other than the registered owner. 18
For a second or subsequent infraction under subsection (1) of this 19
section committed within one year of an initial infraction, the 20
presumption may be overcome only if the registered owner:21
(a) Provides a copy of a filed police report to the court 22
indicating that the vehicle was reported stolen at the time the 23
violation occurred;24
(b) Provides evidence to the court that a report of sale was 25
filed with the department pursuant to RCW 46.12.650 prior to the date 26
and time of the violation; or27
(c) States, under oath, in testimony before the court the full 28
name and current address of the person who was in the care, custody, 29
or control of the vehicle at the time of the violation.30
Sec. 702. RCW 46.63.220 and 2025 c 417 s 906 are each amended to 31
read as follows: 32
(1) Nothing in this section prohibits a law enforcement officer 33
from issuing a notice of traffic infraction to a person in control of 34
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), 35
(b), or (c). 36
(2) Any city or county may authorize the use of automated traffic 37
safety cameras and must adopt an ordinance authorizing such use 38
through its local legislative authority. 39
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(3) The local legislative authority must prepare an analysis of 1
the locations within the jurisdiction where automated traffic safety 2
cameras are proposed to be located before adding traffic safety 3
cameras to a new location or relocating any existing camera to a new 4
location within the jurisdiction. The analysis must include equity 5
considerations including the impact of the camera placement on 6
livability, accessibility, economics, education, and environmental 7
health when identifying where to locate an automated traffic safety 8
camera. The analysis must also show a demonstrated need for traffic 9
cameras based on one or more of the following in the vicinity of the 10
proposed camera location: Travel by vulnerable road users, evidence 11
of vehicles speeding, rates of collision, reports showing near 12
collisions, and anticipated or actual ineffectiveness or 13
infeasibility of other mitigation measures. 14
(4) Automated traffic safety cameras may not be used on an on-15
ramp to a limited access facility as defined in RCW 47.52.010.16
(5) A city may use automated traffic safety cameras to enforce 17
traffic ordinances in this section on state highways that are also 18
classified as city streets under chapter 47.24 RCW. A city government 19
must notify the department of transportation when it installs an 20
automated traffic safety camera to enforce traffic ordinances as 21
authorized in this subsection. 22
(6)(a) At a minimum, a local ordinance adopted pursuant to this 23
section must contain the restrictions described in this section and 24
provisions for public notice and signage. Cities and counties must 25
also post such restrictions and other automated traffic safety camera 26
policies on the city's or county's website. Cities and counties using 27
automated traffic safety cameras before July 24, 2005, are subject to 28
the restrictions described in this section, but are not required to 29
adopt an authorizing ordinance. 30
(b)(i) Cities and counties using automated traffic safety cameras 31
must post an annual report on the city's or county's website of the 32
number of traffic crashes that occurred at each location where an 33
automated traffic safety camera is located, as well as the number of 34
notices of infraction issued for each camera. Beginning January 1, 35
2026, the annual report must include the percentage of revenues 36
received from fines issued from automated traffic safety camera 37
infractions that were used to pay for the costs of the automated 38
traffic safety camera program and must describe the uses of revenues 39
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that exceeded the costs of operation and administration of the 1
automated traffic safety camera program by the city or county.2
(ii) The Washington traffic safety commission must provide an 3
annual report to the transportation committees of the legislature, 4
and post the report to its website for public access, beginning July 5
1, 2026, that includes aggregated information on the use of automated 6
traffic safety cameras in the state that includes an assessment of 7
the impact of their use, information required in city and county 8
annual reports under (b)(i) of this subsection, and information on 9
the number of automated traffic safety cameras in use by type and 10
location, with an analysis of camera placement in the context of area 11
demographics and household incomes. To the extent practicable, the 12
commission must also provide in its annual report the number of 13
traffic accidents, speeding violations, single vehicle accidents, 14
pedestrian accidents, and driving under the influence violations that 15
occurred at each location where an automated traffic safety camera is 16
located in the five years before each camera's authorization and 17
after each camera's authorization. Cities and counties using 18
automated traffic safety cameras must provide the commission with the 19
data it requests for the report required under this subsection in a 20
form and manner specified by the commission. 21
(7) All locations where an automated traffic safety camera is 22
used on roadways or intersections must be clearly marked by placing 23
signs at least 30 days prior to activation of the camera in locations 24
that clearly indicate to a driver either that: (a) The driver is 25
within an area where automated traffic safety cameras are authorized; 26
or (b) the driver is entering an area where violations are enforced 27
by an automated traffic safety camera. The signs must be readily 28
visible to a driver approaching an automated traffic safety camera. 29
Signs placed in automated traffic safety camera locations after June 30
7, 2012, must follow the specifications and guidelines under the 31
manual of uniform traffic control devices for streets and highways as 32
adopted by the department of transportation under chapter 47.36 RCW. 33
All public transportation vehicles utilizing a vehicle-mounted system 34
must post a sign on the rear of the vehicle indicating to drivers 35
that the vehicle is equipped with an automated traffic safety camera 36
to enforce bus stop zone violations and public transportation only 37
lane violations. 38
(8) Automated traffic safety cameras may only record images of 39
the vehicle and vehicle license plate and only while an infraction is 40
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occurring. The image must not reveal the face of the driver or of 1
passengers in the vehicle. The primary purpose of camera placement is 2
to record images of the vehicle and vehicle license plate when an 3
infraction is occurring. Cities and counties must consider installing 4
automated traffic safety cameras in a manner that minimizes the 5
impact of camera flash on drivers. 6
(9) A notice of infraction must be mailed to the registered owner 7
of the vehicle within 14 days of the violation, or to the renter of a 8
vehicle within 14 days of establishing the renter's name and address 9
under subsection (17) of this section. The notice of infraction must 10
include with it a certificate or facsimile thereof, based upon 11
inspection of photographs, microphotographs, or electronic images 12
produced by an automated traffic safety camera, stating the facts 13
supporting the notice of infraction. This certificate or facsimile is 14
prima facie evidence of the facts contained in it and is admissible 15
in a proceeding charging a violation under this chapter. The 16
photographs, microphotographs, or electronic images evidencing the 17
violation must be available for inspection and admission into 18
evidence in a proceeding to adjudicate the liability for the 19
infraction. A person receiving a notice of infraction based on 20
evidence detected by an automated traffic safety camera may respond 21
to the notice by mail. 22
(10) The registered owner of a vehicle is responsible for an 23
infraction under RCW 46.63.030(1)(d) unless the registered owner 24
overcomes the presumption in RCW 46.63.075, or, in the case of a 25
rental car business, satisfies the conditions under subsection (17) 26
of this section. If appropriate under the circumstances, a renter 27
identified under subsection (17)(a) of this section is responsible 28
for an infraction. 29
(11) Notwithstanding any other provision of law, all photographs, 30
microphotographs, or electronic images, or any other personally 31
identifying data prepared under this section are for the exclusive 32
use of authorized city or county employees, as specified in RCW 33
46.63.030(1)(d), in the discharge of duties under this section and 34
are not open to the public and may not be used in a court in a 35
pending action or proceeding unless the action or proceeding relates 36
to a violation under this section. No photograph, microphotograph, or 37
electronic image, or any other personally identifying data may be 38
used for any purpose other than enforcement of violations under this 39
section nor retained longer than necessary to enforce this section. 40
p. 32 SB 6352
Transit authorities must provide to the appropriate local 1
jurisdiction that has authorized traffic safety camera use under RCW 2
46.63.260(3) any images or evidence collected establishing that a 3
violation of stopping, standing, or parking in a bus stop zone or 4
traveling, stopping, standing, or parking in a public transportation 5
only lane has occurred for infraction processing purposes consistent 6
with this section. 7
(12) If a county or city has established an automated traffic 8
safety camera program as authorized under this section, the 9
compensation paid to the manufacturer or vendor of the equipment used 10
must be based only upon the value of the equipment and services 11
provided or rendered in support of the system and may not be based 12
upon a portion of the fine or civil penalty imposed or the revenue 13
generated by the equipment. If the contract between the city or 14
county and manufacturer or vendor of the equipment does not provide 15
for performance or quality control measures regarding camera images, 16
the city or county must perform a performance audit of the 17
manufacturer or vendor of the equipment every three years to review 18
and ensure that images produced from automated traffic safety cameras 19
are sufficient for evidentiary purposes as described in subsection 20
(9) of this section. 21
(13)(a) Except as provided in (d) of this subsection, a county or 22
a city may only use revenue generated by an automated traffic safety 23
camera program as authorized under this section for:24
(i) Traffic safety activities related to construction and 25
preservation projects and maintenance and operations purposes 26
including, but not limited to, projects designed to implement the 27
complete streets approach as defined in RCW 47.04.010, changes in 28
physical infrastructure to reduce speeds through road design, and 29
changes to improve safety for active transportation users, including 30
improvements to access and safety for road users with mobility, 31
sight, or other disabilities; and 32
(ii) The cost to administer, install, operate, and maintain the 33
automated traffic safety cameras, including the cost of processing 34
infractions. 35
(b) Except as provided in (d) of this subsection:36
(i) The automated traffic safety camera program revenue used by a 37
county or city with a population of 10,000 or more for purposes 38
described in (a)(i) of this subsection must include the use of 39
revenue in census tracts of the city or county that have household 40
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incomes in the lowest quartile determined by the most currently 1
available census data and areas that experience rates of injury 2
crashes that are above average for the city or county. Funding 3
contributed from traffic safety program revenue must be, at a 4
minimum, proportionate to the share of the population of the county 5
or city who are residents of these low-income communities and 6
communities experiencing high injury crash rates. This share must be 7
directed to investments that provide direct and meaningful traffic 8
safety benefits to these communities. Revenue used to administer, 9
install, operate, and maintain automated traffic safety cameras, 10
including the cost of processing infractions, are excluded from 11
determination of the proportionate share of revenues under this 12
subsection (13)(b); and 13
(ii) The automated traffic safety camera program revenue used by 14
a city or county with a population under 10,000 for traffic safety 15
activities under (a)(i) of this subsection must be informed by the 16
department of health's environmental health disparities map.17
(c) Except as provided in (d) of this subsection, beginning 18
((four years after an automated traffic safety camera authorized 19
under this section is initially placed and in use after June 6, 2024, 20
25)) July 1, 2028, 10 percent of the noninterest money received for 21
infractions issued by ((such cameras in excess of the cost to 22
administer, install, operate, and maintain the cameras, including the 23
cost of processing infractions, )) automated traffic safety cameras 24
authorized under this section must be deposited into the Cooper Jones 25
active transportation safety account created in RCW 46.68.480.26
(d)(i)(A) Jurisdictions with an automated traffic safety camera 27
program in effect before January 1, 2024, may continue to allocate 28
revenue generated from automated traffic safety cameras authorized 29
under RCW 46.63.230 and 46.63.250(2)(c) as determined by the 30
jurisdiction, as well as for the purposes established in (a) through 31
(c) of this subsection, by: 32
(I) Up to a 10 percent increase in the number of traffic safety 33
camera locations authorized to detect violations for automated 34
traffic safety cameras authorized under RCW 46.63.230; and35
(II) Up to a 10 percent increase in the number of traffic safety 36
camera locations authorized to detect violations for automated 37
traffic safety cameras authorized under RCW 46.63.250(2)(c).38
(B)(I) Any automated traffic safety camera program in effect 39
before January 1, 2024, with fewer than 10 traffic safety camera 40
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locations for automated traffic safety cameras authorized under RCW 1
46.63.230, which adds automated traffic safety cameras to one 2
additional location for the use of cameras authorized under RCW 3
46.63.230, may continue to allocate revenue generated from automated 4
traffic safety cameras authorized under RCW 46.63.230 as determined 5
by the jurisdiction, as well as for the purposes established in (a) 6
through (c) of this subsection. 7
(II) Any automated traffic safety camera program in effect before 8
January 1, 2024, with fewer than 10 traffic safety camera locations 9
for automated traffic safety cameras authorized under RCW 10
46.63.250(2)(c) as of January 1, 2024, which adds automated traffic 11
safety cameras to one additional location for the use of cameras 12
authorized under RCW 46.63.250(2)(c), may continue to allocate 13
revenue generated from automated traffic safety cameras authorized 14
under RCW 46.63.250(2)(c) as determined by the jurisdiction, as well 15
as for the purposes established in (a) through (c) of this 16
subsection. 17
(C) For the purposes of this subsection (13)(d)(i), a location 18
is: 19
(I) An intersection for automated traffic safety cameras 20
authorized under RCW 46.63.230 where cameras authorized under RCW 21
46.63.230 are in use; and 22
(II) A school speed zone for automated traffic safety cameras 23
authorized under RCW 46.63.250(2)(c) where cameras authorized under 24
RCW 46.63.250(2)(c) are in use. 25
(ii) The revenue distribution requirements under (a) through 26
(d)(i) of this subsection do not apply to automated traffic safety 27
camera programs in effect before January 1, 2024, for which an 28
ordinance in effect as of January 1, 2024, directs the manner in 29
which revenue generated from automated traffic safety cameras 30
authorized under RCW 46.63.230 or 46.63.250(2)(c) must be used.31
(14) A county or city may adopt the use of an online ability-to-32
pay calculator to process and grant requests for reduced fines or 33
reduced civil penalties for automated traffic safety camera 34
violations. 35
(15) Except as provided in this subsection, registered owners of 36
vehicles who receive notices of infraction for automated traffic 37
safety camera-enforced infractions and are recipients of public 38
assistance under Title 74 RCW or participants in the Washington 39
women, infants, and children program, and who request reduced 40
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penalties for infractions detected through the use of automated 1
traffic safety camera violations, must be granted reduced penalty 2
amounts of 50 percent of what would otherwise be assessed for a first 3
automated traffic safety camera violation and for subsequent 4
automated traffic safety camera violations issued within 21 days of 5
issuance of the first automated traffic safety camera violation. 6
Eligibility for medicaid under RCW 74.09.510 is not a qualifying 7
criterion under this subsection. Registered owners of vehicles who 8
receive notices of infraction must be provided with information on 9
their eligibility and the opportunity to apply for a reduction in 10
penalty amounts through the mail or internet. 11
(16) Infractions detected through the use of automated traffic 12
safety cameras are not part of the registered owner's driving record 13
under RCW 46.52.101 and 46.52.120. Additionally, infractions 14
generated by the use of automated traffic safety cameras under this 15
section must be processed in the same manner as parking infractions, 16
including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, 17
and 46.20.270(2). The amount of the fine issued for an infraction 18
generated through the use of an automated traffic safety camera may 19
not exceed $145, as adjusted for inflation by the office of financial 20
management every five years, beginning January 1, 2029, based upon 21
changes in the consumer price index during that time period, but may 22
be doubled for a school speed zone infraction generated through the 23
use of an automated traffic safety camera. 24
(17) If the registered owner of the vehicle is a rental car 25
business, the issuing agency must, before a notice of infraction 26
being issued under this section, provide a written notice to the 27
rental car business that a notice of infraction may be issued to the 28
rental car business if the rental car business does not, within 18 29
days of receiving the written notice, provide to the issuing agency 30
by return mail: 31
(a) A statement under oath stating the name and known mailing 32
address of the individual driving or renting the vehicle when the 33
infraction occurred; or 34
(b) A statement under oath that the business is unable to 35
determine who was driving or renting the vehicle at the time the 36
infraction occurred because the vehicle was stolen at the time of the 37
infraction. A statement provided under this subsection must be 38
accompanied by a copy of a filed police report regarding the vehicle 39
theft; or 40
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(c) In lieu of identifying the vehicle operator, the rental car 1
business may pay the applicable penalty. Timely mailing of this 2
statement to the issuing agency relieves a rental car business of any 3
liability under this chapter for the notice of infraction.4
PART VIII: REMOVAL OF EXPIRED ALTERNATIVE FUEL VEHICLE TAX INCENTIVE 5
REPORTING REQUIREMENT6
Sec. 801. RCW 82.08.9999 and 2022 c 182 s 305 are each amended 7
to read as follows: 8
(1) Beginning August 1, 2019, with sales made or lease agreements 9
signed on or after the qualification period start date:10
(a) The tax levied by RCW 82.08.020 does not apply as provided in 11
(b) of this subsection to sales or leases of new or used passenger 12
cars, light duty trucks, and medium duty passenger vehicles that:13
(i) Are exclusively powered by a clean alternative fuel; or14
(ii) Use at least one method of propulsion that is capable of 15
being reenergized by an external source of electricity and are 16
capable of traveling at least 30 miles using only battery power; and17
(iii)(A) Have a vehicle selling price plus trade-in property of 18
like kind for purchased vehicles that: 19
(I) For a vehicle that is a new vehicle at the time of the 20
purchase date or the date the lease agreement was signed, does not 21
exceed $45,000; or 22
(II) For a vehicle that is a used vehicle at the time of the 23
purchase date or the date the lease agreement was signed, does not 24
exceed $30,000; or 25
(B) Have a fair market value at the inception of the lease for 26
leased vehicles that: 27
(I) For a vehicle that is a new vehicle at the time of the 28
purchase date or the date the lease agreement was signed, does not 29
exceed $45,000; or 30
(II) For a vehicle that is a used vehicle at the time of the 31
purchase date or the date the lease agreement was signed, does not 32
exceed $30,000; 33
(b)(i) The exemption in this section is applicable for up to the 34
amounts specified in (b)(ii) or (iii) of this subsection of:35
(A) The total amount of the vehicle's selling price, for sales 36
made; or 37
p. 37 SB 6352
(B) The total lease payments made plus any additional selling 1
price of the leased vehicle if the original lessee purchases the 2
leased vehicle before the qualification period end date, for lease 3
agreements signed. 4
(ii) Based on the purchase date or the date the lease agreement 5
was signed of the vehicle if the vehicle is a new vehicle at the time 6
of the purchase date or the date the lease agreement was signed:7
(A) From the qualification period start date until July 31, 2021, 8
the maximum amount eligible under (b)(i) of this subsection is 9
$25,000; 10
(B) From August 1, 2021, until July 31, 2023, the maximum amount 11
eligible under (b)(i) of this subsection is $20,000;12
(C) From August 1, 2023, until July 31, 2025, the maximum amount 13
eligible under (b)(i) of this subsection is $15,000.14
(iii) If the vehicle is a used vehicle at the time of the 15
purchase date or the date the lease agreement was signed, the maximum 16
amount eligible under (b)(i) of this subsection is $16,000.17
(2) The seller must keep records necessary for the department to 18
verify eligibility under this section. A person claiming the 19
exemption must also submit itemized information to the department for 20
all vehicles for which an exemption is claimed that must include the 21
following: Vehicle make; vehicle model; model year; whether the 22
vehicle has been sold or leased; date of sale or start date of lease; 23
length of lease; sales price for purchased vehicles and fair market 24
value at the inception of the lease for leased vehicles; and the 25
total amount qualifying for the incentive claimed for each vehicle, 26
in addition to the future monthly amount to be claimed for each 27
leased vehicle. This information must be provided in a form and 28
manner prescribed by the department. 29
(3)(a) The department of licensing must maintain and publish a 30
list of all vehicle models qualifying for the tax exemptions under 31
this section or RCW 82.12.9999 until the expiration date of this 32
section, and is authorized to issue final rulings on vehicle model 33
qualification for these criteria. A seller is not responsible for 34
repayment of the tax exemption under this section and RCW 82.12.9999 35
for a vehicle if the department of licensing's published list of 36
qualifying vehicle models on the purchase date or the date the lease 37
agreement was signed includes the vehicle model and the department of 38
licensing subsequently removes the vehicle model from the published 39
list, and, if applicable, the vehicle meets the qualifying criterion 40
p. 38 SB 6352
under subsection (1)(a)(iii)(B) of this section and RCW 1
82.12.9999(1)(a)(iii)(B). 2
(b) The department of revenue retains responsibility for 3
determining whether a vehicle meets the applicable qualifying 4
criterion under subsection (1)(a)(iii)(B) of this section and RCW 5
82.12.9999(1)(a)(iii)(B). 6
(4) By the last day of October 2019, and every six months 7
thereafter until ((this section expires )) October 31, 2025 , based on 8
the best available data, the department must report the following 9
information to the transportation committees of the legislature: The 10
cumulative number of vehicles that qualified for the exemption under 11
this section and RCW 82.12.9999 by month of purchase or lease start 12
and vehicle make and model; the dollar amount of all state retail 13
sales and use taxes exempted on or after the qualification period 14
start date, under this section and RCW 82.12.9999; and estimates of 15
the future costs of leased vehicles that qualified for the exemption 16
under this section and RCW 82.12.9999. 17
(5) The definitions in this subsection apply throughout this 18
section unless the context clearly requires otherwise.19
(a) "Clean alternative fuel" means natural gas, propane, 20
hydrogen, or electricity, when used as a fuel in a motor vehicle that 21
meets the California motor vehicle emission standards in Title 13 of 22
the California Code of Regulations, effective January 1, 2019, and 23
the rules of the Washington state department of ecology.24
(b) "Fair market value" has the same meaning as "value of the 25
article used" in RCW 82.12.010. 26
(c) "New vehicle" has the same meaning as "new motor vehicle" in 27
RCW 46.04.358. 28
(d) "Qualification period end date" means August 1, 2025.29
(e) "Qualification period start date" means August 1, 2019.30
(f) "Used vehicle" has the same meaning as in RCW 46.04.660.31
(6)(a) Sales of vehicles delivered to the buyer or leased 32
vehicles for which the lease agreement was signed after the 33
qualification period end date do not qualify for the exemption under 34
this section. 35
(b) All leased vehicles that qualified for the exemption under 36
this section before the qualification period end date must continue 37
to receive the exemption as described under subsection (1)(b) of this 38
section on any lease payments due through the remainder of the lease 39
before August 1, 2028. 40
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(7) This section expires August 1, 2028. 1
(8) This section is supported by the revenues generated in RCW 2
46.17.324, and therefore takes effect only if RCW 46.17.324 is 3
enacted by June 30, 2019. 4
PART IX: RENAMING CERTAIN ELECTRIC VEHICLE FEES AS "FIX OUR ROADS" 5
FEES6
Sec. 901. RCW 46.17.323 and 2022 c 149 s 1 are each amended to 7
read as follows: 8
(1) Before accepting an application for an annual vehicle 9
registration renewal for a vehicle that both (a) uses at least one 10
method of propulsion that is capable of being reenergized by an 11
external source of electricity and (b) is capable of traveling at 12
least 30 miles using only battery power, except for electric 13
motorcycles, the department, county auditor or other agent, or 14
subagent appointed by the director must require the applicant to pay 15
a $100 "fix our roads" (2012) electric vehicle fee in addition to any 16
other fees and taxes required by law. The $100 fee is due only at the 17
time of annual registration renewal. 18
(2) This section only applies to a vehicle that is designed to 19
have the capability to drive at a speed of more than 35 miles per 20
hour. 21
(3)(a) The fee under this section is imposed to provide funds to 22
mitigate the impact of vehicles on state roads and highways and for 23
the purpose of evaluating the feasibility of transitioning from a 24
revenue collection system based on fuel taxes to a road user 25
assessment system, and is separate and distinct from other vehicle 26
license fees. Proceeds from the fee must be used for highway 27
purposes, and must be deposited in the motor vehicle fund created in 28
RCW 46.68.070, subject to (b) of this subsection. 29
(b) If in any year the amount of proceeds from the fee collected 30
under this section exceeds $1,000,000, the excess amount over 31
$1,000,000 must be deposited as follows: 32
(i) Seventy percent to the motor vehicle fund created in RCW 33
46.68.070; 34
(ii) Fifteen percent to the transportation improvement account 35
created in RCW 47.26.084; and 36
(iii) Fifteen percent to the rural arterial trust account created 37
in RCW 36.79.020. 38
p. 40 SB 6352
(4)(a) In addition to the fee established in subsection (1) of 1
this section, before accepting an application for an annual vehicle 2
registration renewal for a vehicle that both (i) uses at least one 3
method of propulsion that is capable of being reenergized by an 4
external source of electricity and (ii) is capable of traveling at 5
least 30 miles using only battery power, except for electric 6
motorcycles, the department, county auditor or other agent, or 7
subagent appointed by the director must require the applicant to pay 8
a $50 "fix our roads" (2015) electric vehicle fee. 9
(b) The fee required under (a) of this subsection must be 10
distributed as follows: 11
(i) The first $1,000,000 raised by the fee must be deposited into 12
the multimodal transportation account created in RCW 47.66.070; and13
(ii) Any remaining amounts must be deposited into the motor 14
vehicle fund created in RCW 46.68.070. 15
(5) Beginning November 1, 2022, before accepting an application 16
for an annual vehicle registration renewal for an electric motorcycle 17
that uses propulsion units powered solely by electricity, the 18
department, county auditor or other agent, or subagent appointed by 19
the director must require the applicant to pay a $30 "fix our roads" 20
electric motorcycle fee in addition to any other fees and taxes 21
required by law. The $30 fee is due only at the time of annual 22
registration renewal. 23
(6) The fees collected pursuant to subsection (5) of this section 24
shall be deposited into the motor vehicle fund created in RCW 25
46.68.070. 26
(7) This section applies to annual vehicle registration renewals 27
until the effective date of enacted legislation that imposes a 28
vehicle miles traveled fee or tax. 29
Sec. 902. RCW 46.17.324 and 2019 c 287 s 23 are each amended to 30
read as follows: 31
((To realize the environmental benefits of electrification of the 32
transportation system it is necessary to support the adoption of 33
electric vehicles and other electric technology in the state by 34
incentivizing the purchase of these vehicles, building out the 35
charging infrastructure, developing greener transit options, and 36
supporting clean alternative fuel infrastructure. Therefore, it is 37
the intent of the legislature to support these activities through the 38
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imposition of new transportation electrification fees in this 1
section.))2
(1) A vehicle that both (a) uses at least one method of 3
propulsion that is capable of being reenergized by an external source 4
of electricity and (b) is capable of traveling at least ((thirty)) 30 5
miles using only battery power, is subject to an annual ((seventy-6
five dollar transportation electrification )) $75 "fix our roads" 7
(2019) electric vehicle fee to be collected by the department, county 8
auditor, or other agent or subagent appointed by the director, in 9
addition to any other fees and taxes required by law. For 10
administrative efficiencies, the transportation electrification fee 11
must be collected at the same time as vehicle registration renewals 12
and may only be collected for vehicles that are renewing an annual 13
vehicle registration. 14
(2) Beginning October 1, 2019, in lieu of the fee in subsection 15
(1) of this section for a hybrid or alternative fuel vehicle that is 16
not required to pay the fees established in RCW 46.17.323 (1) and 17
(4), the department, county auditor, or other agent or subagent 18
appointed by the director must require that the applicant for the 19
annual vehicle registration renewal of such hybrid or alternative 20
fuel vehicle pay a ((seventy-five dollar)) $75 "fix our roads" hybrid 21
vehicle ((transportation electrification )) fee, in addition to any 22
other fees and taxes required by law. 23
(3) The fees required under this section must be deposited in the 24
electric vehicle account created in RCW 82.44.200, until July 1, 25
2025, when the fee must be deposited in the motor vehicle ((account 26
[fund])) fund. 27
(4) This section only applies to a vehicle that is designed to 28
have the capability to drive at a speed of more than ((thirty-five)) 29
35 miles per hour. 30
PART X: ACCOUNT INTEREST EARNINGS31
Sec. 1001. RCW 43.84.092 and 2025 c 417 s 802, 2025 c 399 s 15, 32
2025 c 359 s 12, and 2025 c 299 s 21 are each reenacted and amended 33
to read as follows: 34
(1) All earnings of investments of surplus balances in the state 35
treasury shall be deposited to the treasury income account, which 36
account is hereby established in the state treasury.37
p. 42 SB 6352
(2) The treasury income account shall be utilized to pay or 1
receive funds associated with federal programs as required by the 2
federal cash management improvement act of 1990. The treasury income 3
account is subject in all respects to chapter 43.88 RCW, but no 4
appropriation is required for refunds or allocations of interest 5
earnings required by the cash management improvement act. Refunds of 6
interest to the federal treasury required under the cash management 7
improvement act fall under RCW 43.88.180 and shall not require 8
appropriation. The office of financial management shall determine the 9
amounts due to or from the federal government pursuant to the cash 10
management improvement act. The office of financial management may 11
direct transfers of funds between accounts as deemed necessary to 12
implement the provisions of the cash management improvement act, and 13
this subsection. Refunds or allocations shall occur prior to the 14
distributions of earnings set forth in subsection (4) of this 15
section. 16
(3) Except for the provisions of RCW 43.84.160, the treasury 17
income account may be utilized for the payment of purchased banking 18
services on behalf of treasury funds including, but not limited to, 19
depository, safekeeping, and disbursement functions for the state 20
treasury and affected state agencies. The treasury income account is 21
subject in all respects to chapter 43.88 RCW, but no appropriation is 22
required for payments to financial institutions. Payments shall occur 23
prior to distribution of earnings set forth in subsection (4) of this 24
section. 25
(4) Monthly, the state treasurer shall distribute the earnings 26
credited to the treasury income account. The state treasurer shall 27
credit the general fund with all the earnings credited to the 28
treasury income account except: 29
(a) The following accounts and funds shall receive their 30
proportionate share of earnings based upon each account's and fund's 31
average daily balance for the period: The abandoned recreational 32
vehicle disposal account, the aeronautics account, the Alaskan Way 33
viaduct replacement project account, the ambulance transport fund, 34
the budget stabilization account, the capital vessel replacement 35
account, the capitol building construction account, the Central 36
Washington University capital projects account, the charitable, 37
educational, penal and reformatory institutions account, the Chehalis 38
basin account, the Chehalis basin taxable account, the clean fuels 39
credit account, the clean fuels transportation investment account, 40
p. 43 SB 6352
the cleanup settlement account, the Columbia river basin water supply 1
development account, the Columbia river basin taxable bond water 2
supply development account, the Columbia river basin water supply 3
revenue recovery account, the common school construction fund, the 4
community forest trust account, the connecting Washington account, 5
the county arterial preservation account, the county criminal justice 6
assistance account, the covenant homeownership account, the deferred 7
compensation administrative account, the deferred compensation 8
principal account, the department of licensing services account, the 9
department of retirement systems expense account, the developmental 10
disabilities community services account, the diesel idle reduction 11
account, the opioid abatement settlement account, the drinking water 12
assistance account, the administrative subaccount of the drinking 13
water assistance account, the driver education safety improvement 14
account, the early learning facilities development account, the early 15
learning facilities revolving account, the Eastern Washington 16
University capital projects account, the education legacy trust 17
account, the election account, the electric vehicle account, the 18
energy freedom account, the energy recovery act account, the 19
essential rail assistance account, The Evergreen State College 20
capital projects account, the fair start for kids account, the family 21
medicine workforce development account, the ferry bond retirement 22
fund, the fish, wildlife, and conservation account, the freight 23
mobility investment account, the freight mobility multimodal account, 24
the grade crossing protective fund, the higher education retirement 25
plan supplemental benefit fund, the Washington student loan account, 26
the highway bond retirement fund, the highway infrastructure account, 27
the highway safety fund, the hospital safety net assessment fund, the 28
Interstate 5 bridge replacement project account, the Interstate 5 29
bridge replacement project toll facility bond retirement account, the 30
Interstate 405 and state route number 167 express toll lanes account, 31
the judges' retirement account, the judicial retirement 32
administrative account, the judicial retirement principal account, 33
the limited fish and wildlife account, the local leasehold excise tax 34
account, the local real estate excise tax account, the local sales 35
and use tax account, the marine resources stewardship trust account, 36
the medical aid account, the money-purchase retirement savings 37
administrative account, the money-purchase retirement savings 38
principal account, the motor vehicle fund, the motorcycle safety 39
education account, the move ahead WA account, the move ahead WA 40
p. 44 SB 6352
flexible account, the multimodal transportation account, the multiuse 1
roadway safety account, the municipal criminal justice assistance 2
account, the oyster reserve land account, the pension funding 3
stabilization account, the perpetual surveillance and maintenance 4
account, the pilotage account, the pollution liability insurance 5
agency underground storage tank revolving account, the medicaid 6
access program account, the public employees' retirement system plan 7
1 account, the public employees' retirement system combined plan 2 8
and plan 3 account, the public facilities construction loan revolving 9
account, the public health supplemental account, the public works 10
assistance account, the Puget Sound capital construction account, the 11
Puget Sound ferry operations account, the Puget Sound Gateway 12
facility account, the Puget Sound taxpayer accountability account, 13
the real estate appraiser commission account, the recreational 14
vehicle account, the regional mobility grant program account, the 15
reserve officers' relief and pension principal fund, the resource 16
management cost account, the rural arterial trust account, the rural 17
mobility grant program account, the rural Washington loan fund, the 18
Sandy Williams connecting communities program account, the second 19
injury fund, the sexual assault prevention and response account, the 20
site closure account, the skilled nursing facility safety net trust 21
fund, the small city pavement and sidewalk account, the special 22
category C account, the special wildlife account, the state hazard 23
mitigation revolving loan account, the state investment board expense 24
account, the state investment board commingled trust fund accounts, 25
the state patrol highway account, the state reclamation revolving 26
account, the state route number 520 civil penalties account, the 27
state route number 520 corridor account, the statewide broadband 28
account, the statewide school-based bicycle education grant program 29
account, the statewide tourism marketing account, the supplemental 30
pension account, the Tacoma Narrows toll bridge account, the 31
teachers' retirement system plan 1 account, the teachers' retirement 32
system combined plan 2 and plan 3 account, the tobacco prevention and 33
control account, the tobacco settlement account, the toll facility 34
bond retirement account, the transportation 2003 account (nickel 35
account), the transportation equipment fund, the JUDY transportation 36
future funding program account, the transportation improvement 37
account, the transportation improvement board bond retirement 38
account, the transportation infrastructure account, the 39
transportation partnership account, the traumatic brain injury 40
p. 45 SB 6352
account, the tribal opioid prevention and treatment account, the 1
University of Washington bond retirement fund, the University of 2
Washington building account, the voluntary cleanup account, the 3
volunteer firefighters' relief and pension principal fund, the 4
volunteer firefighters' and reserve officers' administrative fund, 5
the vulnerable roadway user education account, the Washington 6
judicial retirement system account, the Washington law enforcement 7
officers' and firefighters' system plan 1 retirement account, the 8
Washington law enforcement officers' and firefighters' system plan 2 9
retirement account, the Washington public safety employees' plan 2 10
retirement account, the Washington school employees' retirement 11
system combined plan 2 and 3 account, the Washington state patrol 12
retirement account, the Washington State University building account, 13
the Washington State University bond retirement fund, the water 14
pollution control revolving administration account, the water 15
pollution control revolving fund, the Western Washington University 16
capital projects account, the Yakima integrated plan implementation 17
account, the Yakima integrated plan implementation revenue recovery 18
account, and the Yakima integrated plan implementation taxable bond 19
account. Earnings derived from investing balances of the agricultural 20
permanent fund, the normal school permanent fund, the permanent 21
common school fund, the scientific permanent fund, and the state 22
university permanent fund shall be allocated to their respective 23
beneficiary accounts. 24
(b) Any state agency that has independent authority over accounts 25
or funds not statutorily required to be held in the state treasury 26
that deposits funds into a fund or account in the state treasury 27
pursuant to an agreement with the office of the state treasurer shall 28
receive its proportionate share of earnings based upon each account's 29
or fund's average daily balance for the period. 30
(5) In conformance with Article II, section 37 of the state 31
Constitution, no treasury accounts or funds shall be allocated 32
earnings without the specific affirmative directive of this section.33
Sec. 1002. RCW 43.84.092 and 2025 c 417 s 802, 2025 c 399 s 15, 34
and 2025 c 299 s 21 are each reenacted and amended to read as 35
follows: 36
(1) All earnings of investments of surplus balances in the state 37
treasury shall be deposited to the treasury income account, which 38
account is hereby established in the state treasury.39
p. 46 SB 6352
(2) The treasury income account shall be utilized to pay or 1
receive funds associated with federal programs as required by the 2
federal cash management improvement act of 1990. The treasury income 3
account is subject in all respects to chapter 43.88 RCW, but no 4
appropriation is required for refunds or allocations of interest 5
earnings required by the cash management improvement act. Refunds of 6
interest to the federal treasury required under the cash management 7
improvement act fall under RCW 43.88.180 and shall not require 8
appropriation. The office of financial management shall determine the 9
amounts due to or from the federal government pursuant to the cash 10
management improvement act. The office of financial management may 11
direct transfers of funds between accounts as deemed necessary to 12
implement the provisions of the cash management improvement act, and 13
this subsection. Refunds or allocations shall occur prior to the 14
distributions of earnings set forth in subsection (4) of this 15
section. 16
(3) Except for the provisions of RCW 43.84.160, the treasury 17
income account may be utilized for the payment of purchased banking 18
services on behalf of treasury funds including, but not limited to, 19
depository, safekeeping, and disbursement functions for the state 20
treasury and affected state agencies. The treasury income account is 21
subject in all respects to chapter 43.88 RCW, but no appropriation is 22
required for payments to financial institutions. Payments shall occur 23
prior to distribution of earnings set forth in subsection (4) of this 24
section. 25
(4) Monthly, the state treasurer shall distribute the earnings 26
credited to the treasury income account. The state treasurer shall 27
credit the general fund with all the earnings credited to the 28
treasury income account except: 29
(a) The following accounts and funds shall receive their 30
proportionate share of earnings based upon each account's and fund's 31
average daily balance for the period: The abandoned recreational 32
vehicle disposal account, the aeronautics account, the Alaskan Way 33
viaduct replacement project account, the ambulance transport fund, 34
the budget stabilization account, the capital vessel replacement 35
account, the capitol building construction account, the Central 36
Washington University capital projects account, the charitable, 37
educational, penal and reformatory institutions account, the Chehalis 38
basin account, the Chehalis basin taxable account, the clean fuels 39
credit account, the clean fuels transportation investment account, 40
p. 47 SB 6352
the cleanup settlement account, the Columbia river basin water supply 1
development account, the Columbia river basin taxable bond water 2
supply development account, the Columbia river basin water supply 3
revenue recovery account, the common school construction fund, the 4
community forest trust account, the connecting Washington account, 5
the county arterial preservation account, the county criminal justice 6
assistance account, the covenant homeownership account, the deferred 7
compensation administrative account, the deferred compensation 8
principal account, the department of licensing services account, the 9
department of retirement systems expense account, the developmental 10
disabilities community services account, the diesel idle reduction 11
account, the opioid abatement settlement account, the drinking water 12
assistance account, the administrative subaccount of the drinking 13
water assistance account, the driver education safety improvement 14
account, the early learning facilities development account, the early 15
learning facilities revolving account, the Eastern Washington 16
University capital projects account, the education legacy trust 17
account, the election account, the electric vehicle account, the 18
energy freedom account, the energy recovery act account, the 19
essential rail assistance account, The Evergreen State College 20
capital projects account, the fair start for kids account, the family 21
medicine workforce development account, the ferry bond retirement 22
fund, the fish, wildlife, and conservation account, the freight 23
mobility investment account, the freight mobility multimodal account, 24
the grade crossing protective fund, the higher education retirement 25
plan supplemental benefit fund, the Washington student loan account, 26
the highway bond retirement fund, the highway infrastructure account, 27
the highway safety fund, the hospital safety net assessment fund, the 28
Interstate 5 bridge replacement project account, the Interstate 5 29
bridge replacement project toll facility bond retirement account, the 30
Interstate 405 and state route number 167 express toll lanes account, 31
the judges' retirement account, the judicial retirement 32
administrative account, the judicial retirement principal account, 33
the limited fish and wildlife account, the local leasehold excise tax 34
account, the local real estate excise tax account, the local sales 35
and use tax account, the marine resources stewardship trust account, 36
the medical aid account, the money-purchase retirement savings 37
administrative account, the money-purchase retirement savings 38
principal account, the motor vehicle fund, the motorcycle safety 39
education account, the move ahead WA account, the move ahead WA 40
p. 48 SB 6352
flexible account, the multimodal transportation account, the multiuse 1
roadway safety account, the municipal criminal justice assistance 2
account, the oyster reserve land account, the pension funding 3
stabilization account, the perpetual surveillance and maintenance 4
account, the pilotage account, the pollution liability insurance 5
agency underground storage tank revolving account, the public 6
employees' retirement system plan 1 account, the public employees' 7
retirement system combined plan 2 and plan 3 account, the public 8
facilities construction loan revolving account, the public health 9
supplemental account, the public works assistance account, the Puget 10
Sound capital construction account, the Puget Sound ferry operations 11
account, the Puget Sound Gateway facility account, the Puget Sound 12
taxpayer accountability account, the real estate appraiser commission 13
account, the recreational vehicle account, the regional mobility 14
grant program account, the reserve officers' relief and pension 15
principal fund, the resource management cost account, the rural 16
arterial trust account, the rural mobility grant program account, the 17
rural Washington loan fund, the Sandy Williams connecting communities 18
program account, the second injury fund, the sexual assault 19
prevention and response account, the site closure account, the 20
skilled nursing facility safety net trust fund, the small city 21
pavement and sidewalk account, the special category C account, the 22
special wildlife account, the state hazard mitigation revolving loan 23
account, the state investment board expense account, the state 24
investment board commingled trust fund accounts, the state patrol 25
highway account, the state reclamation revolving account, the state 26
route number 520 civil penalties account, the state route number 520 27
corridor account, the statewide broadband account, the statewide 28
school-based bicycle education grant program account, the statewide 29
tourism marketing account, the supplemental pension account, the 30
Tacoma Narrows toll bridge account, the teachers' retirement system 31
plan 1 account, the teachers' retirement system combined plan 2 and 32
plan 3 account, the tobacco prevention and control account, the 33
tobacco settlement account, the toll facility bond retirement 34
account, the transportation 2003 account (nickel account), the 35
transportation equipment fund, the JUDY transportation future funding 36
program account, the transportation improvement account, the 37
transportation improvement board bond retirement account, the 38
transportation infrastructure account, the transportation partnership 39
account, the traumatic brain injury account, the tribal opioid 40
p. 49 SB 6352
prevention and treatment account, the University of Washington bond 1
retirement fund, the University of Washington building account, the 2
voluntary cleanup account, the volunteer firefighters' relief and 3
pension principal fund, the volunteer firefighters' and reserve 4
officers' administrative fund, the vulnerable roadway user education 5
account, the Washington judicial retirement system account, the 6
Washington law enforcement officers' and firefighters' system plan 1 7
retirement account, the Washington law enforcement officers' and 8
firefighters' system plan 2 retirement account, the Washington public 9
safety employees' plan 2 retirement account, the Washington school 10
employees' retirement system combined plan 2 and 3 account, the 11
Washington state patrol retirement account, the Washington State 12
University building account, the Washington State University bond 13
retirement fund, the water pollution control revolving administration 14
account, the water pollution control revolving fund, the Western 15
Washington University capital projects account, the Yakima integrated 16
plan implementation account, the Yakima integrated plan 17
implementation revenue recovery account, and the Yakima integrated 18
plan implementation taxable bond account. Earnings derived from 19
investing balances of the agricultural permanent fund, the normal 20
school permanent fund, the permanent common school fund, the 21
scientific permanent fund, and the state university permanent fund 22
shall be allocated to their respective beneficiary accounts.23
(b) Any state agency that has independent authority over accounts 24
or funds not statutorily required to be held in the state treasury 25
that deposits funds into a fund or account in the state treasury 26
pursuant to an agreement with the office of the state treasurer shall 27
receive its proportionate share of earnings based upon each account's 28
or fund's average daily balance for the period. 29
(5) In conformance with Article II, section 37 of the state 30
Constitution, no treasury accounts or funds shall be allocated 31
earnings without the specific affirmative directive of this section.32
Sec. 1003. RCW 43.84.092 and 2025 c 417 s 803, 2025 c 399 s 16, 33
2025 c 359 s 13, and 2025 c 299 s 22 are each reenacted and amended 34
to read as follows: 35
(1) All earnings of investments of surplus balances in the state 36
treasury shall be deposited to the treasury income account, which 37
account is hereby established in the state treasury.38
p. 50 SB 6352
(2) The treasury income account shall be utilized to pay or 1
receive funds associated with federal programs as required by the 2
federal cash management improvement act of 1990. The treasury income 3
account is subject in all respects to chapter 43.88 RCW, but no 4
appropriation is required for refunds or allocations of interest 5
earnings required by the cash management improvement act. Refunds of 6
interest to the federal treasury required under the cash management 7
improvement act fall under RCW 43.88.180 and shall not require 8
appropriation. The office of financial management shall determine the 9
amounts due to or from the federal government pursuant to the cash 10
management improvement act. The office of financial management may 11
direct transfers of funds between accounts as deemed necessary to 12
implement the provisions of the cash management improvement act, and 13
this subsection. Refunds or allocations shall occur prior to the 14
distributions of earnings set forth in subsection (4) of this 15
section. 16
(3) Except for the provisions of RCW 43.84.160, the treasury 17
income account may be utilized for the payment of purchased banking 18
services on behalf of treasury funds including, but not limited to, 19
depository, safekeeping, and disbursement functions for the state 20
treasury and affected state agencies. The treasury income account is 21
subject in all respects to chapter 43.88 RCW, but no appropriation is 22
required for payments to financial institutions. Payments shall occur 23
prior to distribution of earnings set forth in subsection (4) of this 24
section. 25
(4) Monthly, the state treasurer shall distribute the earnings 26
credited to the treasury income account. The state treasurer shall 27
credit the general fund with all the earnings credited to the 28
treasury income account except: 29
(a) The following accounts and funds shall receive their 30
proportionate share of earnings based upon each account's and fund's 31
average daily balance for the period: The abandoned recreational 32
vehicle disposal account, the aeronautics account, the Alaskan Way 33
viaduct replacement project account, the budget stabilization 34
account, the capital vessel replacement account, the capitol building 35
construction account, the Central Washington University capital 36
projects account, the charitable, educational, penal and reformatory 37
institutions account, the Chehalis basin account, the Chehalis basin 38
taxable account, the clean fuels credit account, the clean fuels 39
transportation investment account, the cleanup settlement account, 40
p. 51 SB 6352
the Columbia river basin water supply development account, the 1
Columbia river basin taxable bond water supply development account, 2
the Columbia river basin water supply revenue recovery account, the 3
common school construction fund, the community forest trust account, 4
the connecting Washington account, the county arterial preservation 5
account, the county criminal justice assistance account, the covenant 6
homeownership account, the deferred compensation administrative 7
account, the deferred compensation principal account, the department 8
of licensing services account, the department of retirement systems 9
expense account, the developmental disabilities community services 10
account, the diesel idle reduction account, the opioid abatement 11
settlement account, the drinking water assistance account, the 12
administrative subaccount of the drinking water assistance account, 13
the driver education safety improvement account, the early learning 14
facilities development account, the early learning facilities 15
revolving account, the Eastern Washington University capital projects 16
account, the education legacy trust account, the election account, 17
the electric vehicle account, the energy freedom account, the energy 18
recovery act account, the essential rail assistance account, The 19
Evergreen State College capital projects account, the fair start for 20
kids account, the family medicine workforce development account, the 21
ferry bond retirement fund, the fish, wildlife, and conservation 22
account, the freight mobility investment account, the freight 23
mobility multimodal account, the grade crossing protective fund, the 24
higher education retirement plan supplemental benefit fund, the 25
Washington student loan account, the highway bond retirement fund, 26
the highway infrastructure account, the highway safety fund, the 27
hospital safety net assessment fund, the Interstate 5 bridge 28
replacement project account, the Interstate 5 bridge replacement 29
project toll facility bond retirement account, the Interstate 405 and 30
state route number 167 express toll lanes account, the judges' 31
retirement account, the judicial retirement administrative account, 32
the judicial retirement principal account, the limited fish and 33
wildlife account, the local leasehold excise tax account, the local 34
real estate excise tax account, the local sales and use tax account, 35
the marine resources stewardship trust account, the medical aid 36
account, the money-purchase retirement savings administrative 37
account, the money-purchase retirement savings principal account, the 38
motor vehicle fund, the motorcycle safety education account, the move 39
ahead WA account, the move ahead WA flexible account, the multimodal 40
p. 52 SB 6352
transportation account, the multiuse roadway safety account, the 1
municipal criminal justice assistance account, the oyster reserve 2
land account, the pension funding stabilization account, the 3
perpetual surveillance and maintenance account, the pilotage account, 4
the pollution liability insurance agency underground storage tank 5
revolving account, the medicaid access program account, the public 6
employees' retirement system plan 1 account, the public employees' 7
retirement system combined plan 2 and plan 3 account, the public 8
facilities construction loan revolving account, the public health 9
supplemental account, the public works assistance account, the Puget 10
Sound capital construction account, the Puget Sound ferry operations 11
account, the Puget Sound Gateway facility account, the Puget Sound 12
taxpayer accountability account, the real estate appraiser commission 13
account, the recreational vehicle account, the regional mobility 14
grant program account, the reserve officers' relief and pension 15
principal fund, the resource management cost account, the rural 16
arterial trust account, the rural mobility grant program account, the 17
rural Washington loan fund, the Sandy Williams connecting communities 18
program account, the second injury fund, the sexual assault 19
prevention and response account, the site closure account, the 20
skilled nursing facility safety net trust fund, the small city 21
pavement and sidewalk account, the special category C account, the 22
special wildlife account, the state hazard mitigation revolving loan 23
account, the state investment board expense account, the state 24
investment board commingled trust fund accounts, the state patrol 25
highway account, the state reclamation revolving account, the state 26
route number 520 civil penalties account, the state route number 520 27
corridor account, the statewide broadband account, the statewide 28
school-based bicycle education grant program account, the statewide 29
tourism marketing account, the supplemental pension account, the 30
Tacoma Narrows toll bridge account, the teachers' retirement system 31
plan 1 account, the teachers' retirement system combined plan 2 and 32
plan 3 account, the tobacco prevention and control account, the 33
tobacco settlement account, the toll facility bond retirement 34
account, the transportation 2003 account (nickel account), the 35
transportation equipment fund, the JUDY transportation future funding 36
program account, the transportation improvement account, the 37
transportation improvement board bond retirement account, the 38
transportation infrastructure account, the transportation partnership 39
account, the traumatic brain injury account, the tribal opioid 40
p. 53 SB 6352
prevention and treatment account, the University of Washington bond 1
retirement fund, the University of Washington building account, the 2
voluntary cleanup account, the volunteer firefighters' relief and 3
pension principal fund, the volunteer firefighters' and reserve 4
officers' administrative fund, the vulnerable roadway user education 5
account, the Washington judicial retirement system account, the 6
Washington law enforcement officers' and firefighters' system plan 1 7
retirement account, the Washington law enforcement officers' and 8
firefighters' system plan 2 retirement account, the Washington public 9
safety employees' plan 2 retirement account, the Washington school 10
employees' retirement system combined plan 2 and 3 account, the 11
Washington state patrol retirement account, the Washington State 12
University building account, the Washington State University bond 13
retirement fund, the water pollution control revolving administration 14
account, the water pollution control revolving fund, the Western 15
Washington University capital projects account, the Yakima integrated 16
plan implementation account, the Yakima integrated plan 17
implementation revenue recovery account, and the Yakima integrated 18
plan implementation taxable bond account. Earnings derived from 19
investing balances of the agricultural permanent fund, the normal 20
school permanent fund, the permanent common school fund, the 21
scientific permanent fund, and the state university permanent fund 22
shall be allocated to their respective beneficiary accounts.23
(b) Any state agency that has independent authority over accounts 24
or funds not statutorily required to be held in the state treasury 25
that deposits funds into a fund or account in the state treasury 26
pursuant to an agreement with the office of the state treasurer shall 27
receive its proportionate share of earnings based upon each account's 28
or fund's average daily balance for the period. 29
(5) In conformance with Article II, section 37 of the state 30
Constitution, no treasury accounts or funds shall be allocated 31
earnings without the specific affirmative directive of this section.32
Sec. 1004. RCW 43.84.092 and 2025 c 417 s 803, 2025 c 399 s 16, 33
and 2025 c 299 s 22 are each reenacted and amended to read as 34
follows: 35
(1) All earnings of investments of surplus balances in the state 36
treasury shall be deposited to the treasury income account, which 37
account is hereby established in the state treasury.38
p. 54 SB 6352
(2) The treasury income account shall be utilized to pay or 1
receive funds associated with federal programs as required by the 2
federal cash management improvement act of 1990. The treasury income 3
account is subject in all respects to chapter 43.88 RCW, but no 4
appropriation is required for refunds or allocations of interest 5
earnings required by the cash management improvement act. Refunds of 6
interest to the federal treasury required under the cash management 7
improvement act fall under RCW 43.88.180 and shall not require 8
appropriation. The office of financial management shall determine the 9
amounts due to or from the federal government pursuant to the cash 10
management improvement act. The office of financial management may 11
direct transfers of funds between accounts as deemed necessary to 12
implement the provisions of the cash management improvement act, and 13
this subsection. Refunds or allocations shall occur prior to the 14
distributions of earnings set forth in subsection (4) of this 15
section. 16
(3) Except for the provisions of RCW 43.84.160, the treasury 17
income account may be utilized for the payment of purchased banking 18
services on behalf of treasury funds including, but not limited to, 19
depository, safekeeping, and disbursement functions for the state 20
treasury and affected state agencies. The treasury income account is 21
subject in all respects to chapter 43.88 RCW, but no appropriation is 22
required for payments to financial institutions. Payments shall occur 23
prior to distribution of earnings set forth in subsection (4) of this 24
section. 25
(4) Monthly, the state treasurer shall distribute the earnings 26
credited to the treasury income account. The state treasurer shall 27
credit the general fund with all the earnings credited to the 28
treasury income account except: 29
(a) The following accounts and funds shall receive their 30
proportionate share of earnings based upon each account's and fund's 31
average daily balance for the period: The abandoned recreational 32
vehicle disposal account, the aeronautics account, the Alaskan Way 33
viaduct replacement project account, the budget stabilization 34
account, the capital vessel replacement account, the capitol building 35
construction account, the Central Washington University capital 36
projects account, the charitable, educational, penal and reformatory 37
institutions account, the Chehalis basin account, the Chehalis basin 38
taxable account, the clean fuels credit account, the clean fuels 39
transportation investment account, the cleanup settlement account, 40
p. 55 SB 6352
the Columbia river basin water supply development account, the 1
Columbia river basin taxable bond water supply development account, 2
the Columbia river basin water supply revenue recovery account, the 3
common school construction fund, the community forest trust account, 4
the connecting Washington account, the county arterial preservation 5
account, the county criminal justice assistance account, the covenant 6
homeownership account, the deferred compensation administrative 7
account, the deferred compensation principal account, the department 8
of licensing services account, the department of retirement systems 9
expense account, the developmental disabilities community services 10
account, the diesel idle reduction account, the opioid abatement 11
settlement account, the drinking water assistance account, the 12
administrative subaccount of the drinking water assistance account, 13
the driver education safety improvement account, the early learning 14
facilities development account, the early learning facilities 15
revolving account, the Eastern Washington University capital projects 16
account, the education legacy trust account, the election account, 17
the electric vehicle account, the energy freedom account, the energy 18
recovery act account, the essential rail assistance account, The 19
Evergreen State College capital projects account, the fair start for 20
kids account, the family medicine workforce development account, the 21
ferry bond retirement fund, the fish, wildlife, and conservation 22
account, the freight mobility investment account, the freight 23
mobility multimodal account, the grade crossing protective fund, the 24
higher education retirement plan supplemental benefit fund, the 25
Washington student loan account, the highway bond retirement fund, 26
the highway infrastructure account, the highway safety fund, the 27
hospital safety net assessment fund, the Interstate 5 bridge 28
replacement project account, the Interstate 5 bridge replacement 29
project toll facility bond retirement account, the Interstate 405 and 30
state route number 167 express toll lanes account, the judges' 31
retirement account, the judicial retirement administrative account, 32
the judicial retirement principal account, the limited fish and 33
wildlife account, the local leasehold excise tax account, the local 34
real estate excise tax account, the local sales and use tax account, 35
the marine resources stewardship trust account, the medical aid 36
account, the money-purchase retirement savings administrative 37
account, the money-purchase retirement savings principal account, the 38
motor vehicle fund, the motorcycle safety education account, the move 39
ahead WA account, the move ahead WA flexible account, the multimodal 40
p. 56 SB 6352
transportation account, the multiuse roadway safety account, the 1
municipal criminal justice assistance account, the oyster reserve 2
land account, the pension funding stabilization account, the 3
perpetual surveillance and maintenance account, the pilotage account, 4
the pollution liability insurance agency underground storage tank 5
revolving account, the public employees' retirement system plan 1 6
account, the public employees' retirement system combined plan 2 and 7
plan 3 account, the public facilities construction loan revolving 8
account, the public health supplemental account, the public works 9
assistance account, the Puget Sound capital construction account, the 10
Puget Sound ferry operations account, the Puget Sound Gateway 11
facility account, the Puget Sound taxpayer accountability account, 12
the real estate appraiser commission account, the recreational 13
vehicle account, the regional mobility grant program account, the 14
reserve officers' relief and pension principal fund, the resource 15
management cost account, the rural arterial trust account, the rural 16
mobility grant program account, the rural Washington loan fund, the 17
Sandy Williams connecting communities program account, the second 18
injury fund, the sexual assault prevention and response account, the 19
site closure account, the skilled nursing facility safety net trust 20
fund, the small city pavement and sidewalk account, the special 21
category C account, the special wildlife account, the state hazard 22
mitigation revolving loan account, the state investment board expense 23
account, the state investment board commingled trust fund accounts, 24
the state patrol highway account, the state reclamation revolving 25
account, the state route number 520 civil penalties account, the 26
state route number 520 corridor account, the statewide broadband 27
account, the statewide school-based bicycle education grant program 28
account, the statewide tourism marketing account, the supplemental 29
pension account, the Tacoma Narrows toll bridge account, the 30
teachers' retirement system plan 1 account, the teachers' retirement 31
system combined plan 2 and plan 3 account, the tobacco prevention and 32
control account, the tobacco settlement account, the toll facility 33
bond retirement account, the transportation 2003 account (nickel 34
account), the transportation equipment fund, the JUDY transportation 35
future funding program account, the transportation improvement 36
account, the transportation improvement board bond retirement 37
account, the transportation infrastructure account, the 38
transportation partnership account, the traumatic brain injury 39
account, the tribal opioid prevention and treatment account, the 40
p. 57 SB 6352
University of Washington bond retirement fund, the University of 1
Washington building account, the voluntary cleanup account, the 2
volunteer firefighters' relief and pension principal fund, the 3
volunteer firefighters' and reserve officers' administrative fund, 4
the vulnerable roadway user education account, the Washington 5
judicial retirement system account, the Washington law enforcement 6
officers' and firefighters' system plan 1 retirement account, the 7
Washington law enforcement officers' and firefighters' system plan 2 8
retirement account, the Washington public safety employees' plan 2 9
retirement account, the Washington school employees' retirement 10
system combined plan 2 and 3 account, the Washington state patrol 11
retirement account, the Washington State University building account, 12
the Washington State University bond retirement fund, the water 13
pollution control revolving administration account, the water 14
pollution control revolving fund, the Western Washington University 15
capital projects account, the Yakima integrated plan implementation 16
account, the Yakima integrated plan implementation revenue recovery 17
account, and the Yakima integrated plan implementation taxable bond 18
account. Earnings derived from investing balances of the agricultural 19
permanent fund, the normal school permanent fund, the permanent 20
common school fund, the scientific permanent fund, and the state 21
university permanent fund shall be allocated to their respective 22
beneficiary accounts. 23
(b) Any state agency that has independent authority over accounts 24
or funds not statutorily required to be held in the state treasury 25
that deposits funds into a fund or account in the state treasury 26
pursuant to an agreement with the office of the state treasurer shall 27
receive its proportionate share of earnings based upon each account's 28
or fund's average daily balance for the period. 29
(5) In conformance with Article II, section 37 of the state 30
Constitution, no treasury accounts or funds shall be allocated 31
earnings without the specific affirmative directive of this section.32
Sec. 1005. RCW 43.84.092 and 2025 c 417 s 803, 2025 c 399 s 16, 33
2025 c 359 s 13, 2025 c 299 s 22, and 2025 c 228 s 15 are each 34
reenacted and amended to read as follows: 35
(1) All earnings of investments of surplus balances in the state 36
treasury shall be deposited to the treasury income account, which 37
account is hereby established in the state treasury.38
p. 58 SB 6352
(2) The treasury income account shall be utilized to pay or 1
receive funds associated with federal programs as required by the 2
federal cash management improvement act of 1990. The treasury income 3
account is subject in all respects to chapter 43.88 RCW, but no 4
appropriation is required for refunds or allocations of interest 5
earnings required by the cash management improvement act. Refunds of 6
interest to the federal treasury required under the cash management 7
improvement act fall under RCW 43.88.180 and shall not require 8
appropriation. The office of financial management shall determine the 9
amounts due to or from the federal government pursuant to the cash 10
management improvement act. The office of financial management may 11
direct transfers of funds between accounts as deemed necessary to 12
implement the provisions of the cash management improvement act, and 13
this subsection. Refunds or allocations shall occur prior to the 14
distributions of earnings set forth in subsection (4) of this 15
section. 16
(3) Except for the provisions of RCW 43.84.160, the treasury 17
income account may be utilized for the payment of purchased banking 18
services on behalf of treasury funds including, but not limited to, 19
depository, safekeeping, and disbursement functions for the state 20
treasury and affected state agencies. The treasury income account is 21
subject in all respects to chapter 43.88 RCW, but no appropriation is 22
required for payments to financial institutions. Payments shall occur 23
prior to distribution of earnings set forth in subsection (4) of this 24
section. 25
(4) Monthly, the state treasurer shall distribute the earnings 26
credited to the treasury income account. The state treasurer shall 27
credit the general fund with all the earnings credited to the 28
treasury income account except: 29
(a) The following accounts and funds shall receive their 30
proportionate share of earnings based upon each account's and fund's 31
average daily balance for the period: The abandoned recreational 32
vehicle disposal account, the aeronautics account, the Alaskan Way 33
viaduct replacement project account, the budget stabilization 34
account, the capital vessel replacement account, the capitol building 35
construction account, the Central Washington University capital 36
projects account, the charitable, educational, penal and reformatory 37
institutions account, the Chehalis basin account, the Chehalis basin 38
taxable account, the clean fuels credit account, the clean fuels 39
transportation investment account, the cleanup settlement account, 40
p. 59 SB 6352
the Columbia river basin water supply development account, the 1
Columbia river basin taxable bond water supply development account, 2
the Columbia river basin water supply revenue recovery account, the 3
common school construction fund, the community forest trust account, 4
the connecting Washington account, the county arterial preservation 5
account, the county criminal justice assistance account, the covenant 6
homeownership account, the deferred compensation administrative 7
account, the deferred compensation principal account, the department 8
of licensing services account, the department of retirement systems 9
expense account, the developmental disabilities community services 10
account, the diesel idle reduction account, the opioid abatement 11
settlement account, the drinking water assistance account, the 12
administrative subaccount of the drinking water assistance account, 13
the driver education safety improvement account, the early learning 14
facilities development account, the early learning facilities 15
revolving account, the Eastern Washington University capital projects 16
account, the education legacy trust account, the election account, 17
the electric vehicle account, the energy freedom account, the energy 18
recovery act account, the essential rail assistance account, The 19
Evergreen State College capital projects account, the fair start for 20
kids account, the family medicine workforce development account, the 21
ferry bond retirement fund, the fish, wildlife, and conservation 22
account, the freight mobility investment account, the freight 23
mobility multimodal account, the grade crossing protective fund, the 24
higher education retirement plan supplemental benefit fund, the 25
Washington student loan account, the highway bond retirement fund, 26
the highway infrastructure account, the highway safety fund, the 27
hospital safety net assessment fund, the intelligent speed assistance 28
device revolving account, the Interstate 5 bridge replacement project 29
account, the Interstate 5 bridge replacement project toll facility 30
bond retirement account, the Interstate 405 and state route number 31
167 express toll lanes account, the judges' retirement account, the 32
judicial retirement administrative account, the judicial retirement 33
principal account, the limited fish and wildlife account, the local 34
leasehold excise tax account, the local real estate excise tax 35
account, the local sales and use tax account, the marine resources 36
stewardship trust account, the medical aid account, the money-37
purchase retirement savings administrative account, the money-38
purchase retirement savings principal account, the motor vehicle 39
fund, the motorcycle safety education account, the move ahead WA 40
p. 60 SB 6352
account, the move ahead WA flexible account, the multimodal 1
transportation account, the multiuse roadway safety account, the 2
municipal criminal justice assistance account, the oyster reserve 3
land account, the pension funding stabilization account, the 4
perpetual surveillance and maintenance account, the pilotage account, 5
the pollution liability insurance agency underground storage tank 6
revolving account, the medicaid access program account, the public 7
employees' retirement system plan 1 account, the public employees' 8
retirement system combined plan 2 and plan 3 account, the public 9
facilities construction loan revolving account, the public health 10
supplemental account, the public works assistance account, the Puget 11
Sound capital construction account, the Puget Sound ferry operations 12
account, the Puget Sound Gateway facility account, the Puget Sound 13
taxpayer accountability account, the real estate appraiser commission 14
account, the recreational vehicle account, the regional mobility 15
grant program account, the reserve officers' relief and pension 16
principal fund, the resource management cost account, the rural 17
arterial trust account, the rural mobility grant program account, the 18
rural Washington loan fund, the Sandy Williams connecting communities 19
program account, the second injury fund, the sexual assault 20
prevention and response account, the site closure account, the 21
skilled nursing facility safety net trust fund, the small city 22
pavement and sidewalk account, the special category C account, the 23
special wildlife account, the state hazard mitigation revolving loan 24
account, the state investment board expense account, the state 25
investment board commingled trust fund accounts, the state patrol 26
highway account, the state reclamation revolving account, the state 27
route number 520 civil penalties account, the state route number 520 28
corridor account, the statewide broadband account, the statewide 29
school-based bicycle education grant program account, the statewide 30
tourism marketing account, the supplemental pension account, the 31
Tacoma Narrows toll bridge account, the teachers' retirement system 32
plan 1 account, the teachers' retirement system combined plan 2 and 33
plan 3 account, the tobacco prevention and control account, the 34
tobacco settlement account, the toll facility bond retirement 35
account, the transportation 2003 account (nickel account), the 36
transportation equipment fund, the JUDY transportation future funding 37
program account, the transportation improvement account, the 38
transportation improvement board bond retirement account, the 39
transportation infrastructure account, the transportation partnership 40
p. 61 SB 6352
account, the traumatic brain injury account, the tribal opioid 1
prevention and treatment account, the University of Washington bond 2
retirement fund, the University of Washington building account, the 3
voluntary cleanup account, the volunteer firefighters' relief and 4
pension principal fund, the volunteer firefighters' and reserve 5
officers' administrative fund, the vulnerable roadway user education 6
account, the Washington judicial retirement system account, the 7
Washington law enforcement officers' and firefighters' system plan 1 8
retirement account, the Washington law enforcement officers' and 9
firefighters' system plan 2 retirement account, the Washington public 10
safety employees' plan 2 retirement account, the Washington school 11
employees' retirement system combined plan 2 and 3 account, the 12
Washington state patrol retirement account, the Washington State 13
University building account, the Washington State University bond 14
retirement fund, the water pollution control revolving administration 15
account, the water pollution control revolving fund, the Western 16
Washington University capital projects account, the Yakima integrated 17
plan implementation account, the Yakima integrated plan 18
implementation revenue recovery account, and the Yakima integrated 19
plan implementation taxable bond account. Earnings derived from 20
investing balances of the agricultural permanent fund, the normal 21
school permanent fund, the permanent common school fund, the 22
scientific permanent fund, and the state university permanent fund 23
shall be allocated to their respective beneficiary accounts.24
(b) Any state agency that has independent authority over accounts 25
or funds not statutorily required to be held in the state treasury 26
that deposits funds into a fund or account in the state treasury 27
pursuant to an agreement with the office of the state treasurer shall 28
receive its proportionate share of earnings based upon each account's 29
or fund's average daily balance for the period. 30
(5) In conformance with Article II, section 37 of the state 31
Constitution, no treasury accounts or funds shall be allocated 32
earnings without the specific affirmative directive of this section.33
Sec. 1006. RCW 43.84.092 and 2025 c 417 s 803, 2025 c 399 s 16, 34
2025 c 299 s 22, and 2025 c 228 s 15 are each reenacted and amended 35
to read as follows: 36
(1) All earnings of investments of surplus balances in the state 37
treasury shall be deposited to the treasury income account, which 38
account is hereby established in the state treasury.39
p. 62 SB 6352
(2) The treasury income account shall be utilized to pay or 1
receive funds associated with federal programs as required by the 2
federal cash management improvement act of 1990. The treasury income 3
account is subject in all respects to chapter 43.88 RCW, but no 4
appropriation is required for refunds or allocations of interest 5
earnings required by the cash management improvement act. Refunds of 6
interest to the federal treasury required under the cash management 7
improvement act fall under RCW 43.88.180 and shall not require 8
appropriation. The office of financial management shall determine the 9
amounts due to or from the federal government pursuant to the cash 10
management improvement act. The office of financial management may 11
direct transfers of funds between accounts as deemed necessary to 12
implement the provisions of the cash management improvement act, and 13
this subsection. Refunds or allocations shall occur prior to the 14
distributions of earnings set forth in subsection (4) of this 15
section. 16
(3) Except for the provisions of RCW 43.84.160, the treasury 17
income account may be utilized for the payment of purchased banking 18
services on behalf of treasury funds including, but not limited to, 19
depository, safekeeping, and disbursement functions for the state 20
treasury and affected state agencies. The treasury income account is 21
subject in all respects to chapter 43.88 RCW, but no appropriation is 22
required for payments to financial institutions. Payments shall occur 23
prior to distribution of earnings set forth in subsection (4) of this 24
section. 25
(4) Monthly, the state treasurer shall distribute the earnings 26
credited to the treasury income account. The state treasurer shall 27
credit the general fund with all the earnings credited to the 28
treasury income account except: 29
(a) The following accounts and funds shall receive their 30
proportionate share of earnings based upon each account's and fund's 31
average daily balance for the period: The abandoned recreational 32
vehicle disposal account, the aeronautics account, the Alaskan Way 33
viaduct replacement project account, the budget stabilization 34
account, the capital vessel replacement account, the capitol building 35
construction account, the Central Washington University capital 36
projects account, the charitable, educational, penal and reformatory 37
institutions account, the Chehalis basin account, the Chehalis basin 38
taxable account, the clean fuels credit account, the clean fuels 39
transportation investment account, the cleanup settlement account, 40
p. 63 SB 6352
the Columbia river basin water supply development account, the 1
Columbia river basin taxable bond water supply development account, 2
the Columbia river basin water supply revenue recovery account, the 3
common school construction fund, the community forest trust account, 4
the connecting Washington account, the county arterial preservation 5
account, the county criminal justice assistance account, the covenant 6
homeownership account, the deferred compensation administrative 7
account, the deferred compensation principal account, the department 8
of licensing services account, the department of retirement systems 9
expense account, the developmental disabilities community services 10
account, the diesel idle reduction account, the opioid abatement 11
settlement account, the drinking water assistance account, the 12
administrative subaccount of the drinking water assistance account, 13
the driver education safety improvement account, the early learning 14
facilities development account, the early learning facilities 15
revolving account, the Eastern Washington University capital projects 16
account, the education legacy trust account, the election account, 17
the electric vehicle account, the energy freedom account, the energy 18
recovery act account, the essential rail assistance account, The 19
Evergreen State College capital projects account, the fair start for 20
kids account, the family medicine workforce development account, the 21
ferry bond retirement fund, the fish, wildlife, and conservation 22
account, the freight mobility investment account, the freight 23
mobility multimodal account, the grade crossing protective fund, the 24
higher education retirement plan supplemental benefit fund, the 25
Washington student loan account, the highway bond retirement fund, 26
the highway infrastructure account, the highway safety fund, the 27
hospital safety net assessment fund, the intelligent speed assistance 28
device revolving account, the Interstate 5 bridge replacement project 29
account, the Interstate 5 bridge replacement project toll facility 30
bond retirement account, the Interstate 405 and state route number 31
167 express toll lanes account, the judges' retirement account, the 32
judicial retirement administrative account, the judicial retirement 33
principal account, the limited fish and wildlife account, the local 34
leasehold excise tax account, the local real estate excise tax 35
account, the local sales and use tax account, the marine resources 36
stewardship trust account, the medical aid account, the money-37
purchase retirement savings administrative account, the money-38
purchase retirement savings principal account, the motor vehicle 39
fund, the motorcycle safety education account, the move ahead WA 40
p. 64 SB 6352
account, the move ahead WA flexible account, the multimodal 1
transportation account, the multiuse roadway safety account, the 2
municipal criminal justice assistance account, the oyster reserve 3
land account, the pension funding stabilization account, the 4
perpetual surveillance and maintenance account, the pilotage account, 5
the pollution liability insurance agency underground storage tank 6
revolving account, the public employees' retirement system plan 1 7
account, the public employees' retirement system combined plan 2 and 8
plan 3 account, the public facilities construction loan revolving 9
account, the public health supplemental account, the public works 10
assistance account, the Puget Sound capital construction account, the 11
Puget Sound ferry operations account, the Puget Sound Gateway 12
facility account, the Puget Sound taxpayer accountability account, 13
the real estate appraiser commission account, the recreational 14
vehicle account, the regional mobility grant program account, the 15
reserve officers' relief and pension principal fund, the resource 16
management cost account, the rural arterial trust account, the rural 17
mobility grant program account, the rural Washington loan fund, the 18
Sandy Williams connecting communities program account, the second 19
injury fund, the sexual assault prevention and response account, the 20
site closure account, the skilled nursing facility safety net trust 21
fund, the small city pavement and sidewalk account, the special 22
category C account, the special wildlife account, the state hazard 23
mitigation revolving loan account, the state investment board expense 24
account, the state investment board commingled trust fund accounts, 25
the state patrol highway account, the state reclamation revolving 26
account, the state route number 520 civil penalties account, the 27
state route number 520 corridor account, the statewide broadband 28
account, the statewide school-based bicycle education grant program 29
account, the statewide tourism marketing account, the supplemental 30
pension account, the Tacoma Narrows toll bridge account, the 31
teachers' retirement system plan 1 account, the teachers' retirement 32
system combined plan 2 and plan 3 account, the tobacco prevention and 33
control account, the tobacco settlement account, the toll facility 34
bond retirement account, the transportation 2003 account (nickel 35
account), the transportation equipment fund, the JUDY transportation 36
future funding program account, the transportation improvement 37
account, the transportation improvement board bond retirement 38
account, the transportation infrastructure account, the 39
transportation partnership account, the traumatic brain injury 40
p. 65 SB 6352
account, the tribal opioid prevention and treatment account, the 1
University of Washington bond retirement fund, the University of 2
Washington building account, the voluntary cleanup account, the 3
volunteer firefighters' relief and pension principal fund, the 4
volunteer firefighters' and reserve officers' administrative fund, 5
the vulnerable roadway user education account, the Washington 6
judicial retirement system account, the Washington law enforcement 7
officers' and firefighters' system plan 1 retirement account, the 8
Washington law enforcement officers' and firefighters' system plan 2 9
retirement account, the Washington public safety employees' plan 2 10
retirement account, the Washington school employees' retirement 11
system combined plan 2 and 3 account, the Washington state patrol 12
retirement account, the Washington State University building account, 13
the Washington State University bond retirement fund, the water 14
pollution control revolving administration account, the water 15
pollution control revolving fund, the Western Washington University 16
capital projects account, the Yakima integrated plan implementation 17
account, the Yakima integrated plan implementation revenue recovery 18
account, and the Yakima integrated plan implementation taxable bond 19
account. Earnings derived from investing balances of the agricultural 20
permanent fund, the normal school permanent fund, the permanent 21
common school fund, the scientific permanent fund, and the state 22
university permanent fund shall be allocated to their respective 23
beneficiary accounts. 24
(b) Any state agency that has independent authority over accounts 25
or funds not statutorily required to be held in the state treasury 26
that deposits funds into a fund or account in the state treasury 27
pursuant to an agreement with the office of the state treasurer shall 28
receive its proportionate share of earnings based upon each account's 29
or fund's average daily balance for the period. 30
(5) In conformance with Article II, section 37 of the state 31
Constitution, no treasury accounts or funds shall be allocated 32
earnings without the specific affirmative directive of this section.33
PART XI: TOLL COLLECTION34
Sec. 1101. RCW 46.63.160 and 2015 c 292 s 1 are each amended to 35
read as follows: 36
(1) This section applies only to civil penalties for nonpayment 37
of tolls detected through use of photo toll systems.38
p. 66 SB 6352
(2) Nothing in this section prohibits a law enforcement officer 1
from issuing a notice of traffic infraction to a person in control of 2
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), 3
(b), or (c). 4
(3) A notice of civil penalty may be issued by the department of 5
transportation when a toll is assessed through use of a photo toll 6
system and the toll is not paid by the toll payment due date, which 7
is ((eighty)) 80 days from the date the vehicle uses the toll 8
facility and incurs the toll charge. 9
(4) Any registered owner or renter of a vehicle traveling upon a 10
toll facility operated under chapter 47.56 or 47.46 RCW is subject to 11
a civil penalty governed by the administrative procedures set forth 12
in this section when the vehicle incurs a toll charge and the toll is 13
not paid by the toll payment due date, which is ((eighty)) 80 days 14
from the date the vehicle uses the toll facility and incurs the toll 15
charge. 16
(5)(a) The department shall develop rules to allow an individual 17
who has been issued a notice of civil penalty to present evidence of 18
mitigating circumstances as to why a toll bill was not timely paid. 19
If an individual is able to present verifiable evidence to the 20
department that a civil penalty was incurred due to hospitalization, 21
military deployment, eviction, homelessness, death of the alleged 22
violator or of an alleged violator's immediate family member, failure 23
to receive the toll bill due to an incorrect email or physical 24
address that has since been corrected, a prepaid electronic toll 25
account error that has since been corrected, an error made by the 26
department or an agent of the department, or other mitigating 27
circumstances as determined by the department, the department may 28
dismiss or reduce the civil penalty and associated fees.29
(b)(i) Consistent with chapter 34.05 RCW, the department of 30
transportation shall develop an administrative adjudication process 31
to review appeals of civil penalties issued by the department of 32
transportation for toll nonpayment detected through the use of a 33
photo toll system under this section. The department of 34
transportation shall submit to the transportation committees of the 35
legislature an annual report on the number of times adjudicators 36
reduce or dismiss the civil penalty as provided in (b)(ii) of this 37
subsection and the total amount of the civil penalties dismissed. The 38
report must be submitted by December 1st of each year.39
p. 67 SB 6352
(ii) During the adjudication process, the alleged violator must 1
have an opportunity to explain mitigating circumstances as to why the 2
toll bill was not timely paid. Hospitalization, a divorce decree or 3
legal separation agreement resulting in a transfer of the vehicle, an 4
active duty member of the military or national guard covered by the 5
federal service members civil relief act, 50 U.S.C. Sec. 501 et seq., 6
or state service members' civil relief act, chapter 38.42 RCW, 7
eviction, homelessness, the death of the alleged violator or of an 8
immediate family member, being switched to a different method of toll 9
payment, if the alleged violator did not receive a toll charge bill 10
or notice of civil penalty, or other mitigating circumstances as 11
determined by the adjudicator are deemed valid mitigating 12
circumstances. All of the reasons that constitute mitigating 13
circumstances must have occurred within a reasonable time of the 14
alleged toll violation. In response to these circumstances, the 15
adjudicator may reduce or dismiss the civil penalty and associated 16
administrative fees. 17
(6) The use of a photo toll system is subject to the following 18
requirements: 19
(a) Photo toll systems may take photographs, digital photographs, 20
microphotographs, videotapes, or other recorded images of the vehicle 21
and vehicle license plate only. 22
(b) A notice of civil penalty must include with it a certificate 23
or facsimile thereof, based upon inspection of photographs, 24
microphotographs, videotape, or other recorded images produced by a 25
photo toll system, stating the facts supporting the notice of civil 26
penalty. This certificate or facsimile is prima facie evidence of the 27
facts contained in it and is admissible in a proceeding established 28
under subsection (5) of this section. The photographs, digital 29
photographs, microphotographs, videotape, or other recorded images 30
evidencing the toll nonpayment civil penalty must be available for 31
inspection and admission into evidence in a proceeding to adjudicate 32
the liability for the civil penalty. 33
(c)(i) By June 30, 2016, prior to issuing a notice of civil 34
penalty to a registered owner of a vehicle listed on an active 35
prepaid electronic toll account, the department of transportation 36
must: 37
(A) Send an ((electronic mail)) email notice to the email address 38
provided in the prepaid electronic toll account of unpaid pay-by-mail 39
toll bills at least ((ten)) 10 days prior to a notice of civil 40
p. 68 SB 6352
penalty being issued for the associated pay-by-mail toll. The notice 1
must be separate from any regular notice sent by the department; and2
(B) Call the phone numbers provided in the account to provide 3
notice of unpaid pay-by-mail toll bills at least ((ten)) 10 days 4
prior to a notice of civil penalty being issued for the associated 5
pay-by-mail toll. 6
(ii) The department is relieved of its obligation to provide 7
notice as required by this section if the customer has declined to 8
receive communications from the department through such methods.9
(d) Notwithstanding any other provision of law, all photographs, 10
digital photographs, microphotographs, videotape, other recorded 11
images, or other records identifying a specific instance of travel 12
prepared under this section are for the exclusive use of the tolling 13
agency for toll collection and enforcement purposes and are not open 14
to the public and may not be used in a court in a pending action or 15
proceeding unless the action or proceeding relates to a civil penalty 16
under this section. No photograph, digital photograph, 17
microphotograph, videotape, other recorded image, or other record 18
identifying a specific instance of travel may be used for any purpose 19
other than toll collection or enforcement of civil penalties under 20
this section. Records identifying a specific instance of travel by a 21
specific person or vehicle must be retained only as required to 22
ensure payment and enforcement of tolls and to comply with state 23
records retention policies. 24
(e) All locations where a photo toll system is used must be 25
clearly marked by placing signs in locations that clearly indicate to 26
a driver that he or she is entering a zone where tolls are assessed 27
and enforced by a photo toll system. 28
(f) Within existing resources, the department of transportation 29
shall conduct education and outreach efforts at least six months 30
prior to activating an all-electronic photo toll system. Methods of 31
outreach shall include a department presence at community meetings in 32
the vicinity of a toll facility, signage, and information published 33
in local media. Information provided shall include notice of when all 34
electronic photo tolling shall begin and methods of payment. 35
Additionally, the department shall provide quarterly reporting on 36
education and outreach efforts and other data related to the issuance 37
of civil penalties. 38
(g) The envelope or electronic message containing a toll charge 39
bill or related notice issued pursuant to RCW 47.46.105 or 47.56.795, 40
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or a notice of civil penalty issued under this section, must 1
prominently indicate that the contents are time sensitive and related 2
to a toll violation. 3
(7) Civil penalties for toll nonpayment detected through the use 4
of photo toll systems must be issued to the registered owner of the 5
vehicle identified by the photo toll system, but are not part of the 6
registered owner's driving record under RCW 46.52.101 and 46.52.120.7
(8) The civil penalty for toll nonpayment detected through the 8
use of a photo toll system is ((forty dollars )) $40 plus the photo 9
toll and associated fees. 10
(9) Except as provided otherwise in this subsection, all civil 11
penalties, including the photo toll and associated fees, collected 12
under this section must be deposited into the toll facility account 13
of the facility on which the toll was assessed. However, through June 14
30, 2013, civil penalties deposited into the Tacoma Narrows toll 15
bridge account created under RCW 47.56.165 that are in excess of 16
amounts necessary to support the toll adjudication process applicable 17
to toll collection on the Tacoma Narrows bridge must first be 18
allocated toward repayment of operating loans and reserve payments 19
provided to the account from the motor vehicle ((account [fund] )) 20
fund under section 1005(15), chapter 518, Laws of 2007. Additionally, 21
all civil penalties, resulting from nonpayment of tolls on the state 22
route number 520 corridor, shall be deposited into the state route 23
number 520 civil penalties account created under section 4, chapter 24
248, Laws of 2010 but only if chapter 248, Laws of 2010 is enacted by 25
June 30, 2010. 26
(10) If the registered owner of the vehicle is a rental car 27
business, the department of transportation shall, before a toll bill 28
is issued, provide a written notice to the rental car business that a 29
toll bill may be issued to the rental car business if the rental car 30
business does not, within ((thirty)) 30 days of the mailing of the 31
written notice, provide to the issuing agency by return mail:32
(a) A statement under oath stating the name and known mailing 33
address of the individual driving or renting the vehicle when the 34
toll was assessed; or 35
(b) A statement under oath that the business is unable to 36
determine who was driving or renting the vehicle at the time the toll 37
was assessed because the vehicle was stolen at the time the toll was 38
assessed. A statement provided under this subsection must be 39
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accompanied by a copy of a filed police report regarding the vehicle 1
theft; or 2
(c) In lieu of identifying the vehicle operator, the rental car 3
business may pay the applicable toll and fee. 4
Timely mailing of this statement to the issuing agency relieves a 5
rental car business of any liability under this section for the 6
payment of the toll. 7
(11) It is the intent of the legislature that the department 8
provide an educational opportunity when vehicle owners incur fees and 9
penalties associated with late payment of tolls for the first time. 10
As part of this educational opportunity, the department may waive 11
penalties and fees if the issue that resulted in the toll not being 12
timely paid has been resolved and the vehicle owner establishes an 13
electronic toll account, if practicable. To aid in collecting tolls 14
in a timely manner, the department may waive or reduce the 15
outstanding amounts of fees and penalties assessed when tolls are not 16
timely paid. 17
(12)(a) By June 30, 2016, the department of transportation must 18
update its website, and accommodate access to the website from mobile 19
platforms, to allow toll customers to efficiently manage all their 20
tolling accounts, regardless of method of payment.21
(b)(i) By June 30, 2016, the department of transportation must 22
make available to the public a point of access that allows a third 23
party to develop an application for mobile technologies that (A) 24
securely accesses a user's toll account information and (B) allows 25
the user to manage his or her toll account to the same extent 26
possible through the department's website. 27
(ii) If the department determines that it would be cost-effective 28
and in the best interests of the citizens of Washington, it may also 29
develop an application for mobile technologies that allows toll 30
customers to manage all of their tolling accounts from a mobile 31
platform. 32
(13) When acquiring a new photo toll system, the department of 33
transportation must enable the new system to: 34
(a) Connect with the department of licensing's vehicle record 35
system so that a prepaid electronic toll account can be updated 36
automatically when a toll customer's vehicle record is updated, if 37
the customer has consented to such updates; and 38
(b) Document when any toll is assessed for a vehicle listed in a 39
prepaid electronic toll account in the monthly statement that is made 40
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available to the electronic toll account holder regardless of whether 1
the method of payment for the toll is via pay-by-mail or prepaid 2
electronic toll account. 3
(14) Consistent with chapter 34.05 RCW, the department of 4
transportation shall develop rules to implement this section.5
(15) For the purposes of this section: 6
(a) "Photo toll system" means the system defined in RCW 47.56.010 7
and 47.46.020. 8
(b) "Prepaid electronic toll account" means a prepaid toll 9
account linked to a pass or license plate number, including "Good to 10
Go!". 11
(16) If a customer's toll charge or civil penalty is waived 12
pursuant to this section due to an error made by the department, or 13
an agent of the department, in reading the customer's license plate, 14
the secretary of transportation must send a letter to the customer 15
apologizing for the error. 16
PART XII: SALES TAX PROVISIONS17
Sec. 1201. RCW 82.08.020 and 2025 c 418 s 3 and 2025 c 417 s 201 18
are each reenacted and amended to read as follows:19
(1) There is levied and collected a tax equal to six and five-20
tenths percent of the selling price on each retail sale in this state 21
of: 22
(a) Tangible personal property, unless the sale is specifically 23
excluded from the RCW 82.04.050 definition of retail sale;24
(b) Digital goods, digital codes, and digital automated services, 25
if the sale is included within the RCW 82.04.050 definition of retail 26
sale; 27
(c) Services, other than digital automated services, included 28
within the RCW 82.04.050 definition of retail sale;29
(d) Extended warranties to consumers; and 30
(e) Anything else, the sale of which is included within the RCW 31
82.04.050 definition of retail sale. 32
(2)(a) There is levied and collected an additional tax on each 33
retail car rental, regardless of whether the vehicle is licensed in 34
this state, equal to: 35
(i) Eleven and nine-tenths percent of the selling price from 36
January 1, 2026, through December 31, 2026; and 37
p. 72 SB 6352
(ii)(A) Nine and nine-tenths percent of the selling price 1
beginning January 1, 2027. 2
(B) The revenue collected under (a) of this subsection must be 3
deposited in the multimodal transportation account created in RCW 4
47.66.070. 5
(b)(((i))) Beginning January 1, 2027, there is levied and 6
collected an additional tax on peer-to-peer car sharing transactions 7
equal to the selling price multiplied by the rate of tax imposed 8
under (a) of this subsection. This subsection (2)(b) applies only to 9
peer-to-peer car sharing transactions where the vehicle owner 10
obtained the shared vehicle as a vehicle for resale using a reseller 11
permit or an approved exemption certificate under RCW 82.04.470. The 12
vehicle owner must submit documentation in a form and manner 13
prescribed by the department to the business facilitating peer-to-14
peer car sharing transactions indicating whether the shared vehicle 15
owner paid state sales tax or use tax on the shared vehicle at the 16
time the vehicle was obtained. Businesses facilitating peer-to-peer 17
car sharing transactions must retain copies of this documentation for 18
the period required in RCW 82.32.070. The revenue collected under 19
this subsection (2)(b) must be deposited in the multimodal 20
transportation account created in RCW 47.66.070. 21
(((ii))) (3) For purposes of this ((subsection (2)(b))) section, 22
"peer-to-peer car sharing" has the same meaning as in RCW 46.74A.010. 23
"Peer-to-peer car sharing" does not mean: 24
(((A))) (a) "Retail car rental" as defined in RCW 82.08.011; or25
(((B))) (b) "Rental car" as defined in RCW 46.04.465 or 26
48.115.005. 27
(((3))) (4) There is levied and collected an additional tax of 28
five-tenths of one percent of the selling price on each retail sale 29
of a motor vehicle in this state, other than retail car rentals and 30
peer-to-peer car sharing transactions taxed under subsection (2) of 31
this section. The revenue collected under this subsection must be 32
deposited in the multimodal transportation account created in RCW 33
47.66.070. 34
(((4))) (5)(a) Beginning July 1, 2026, in addition to taxes 35
required under this chapter and chapters 82.12 and 82.49 RCW, there 36
is levied and collected an additional tax of five-tenths of one 37
percent on the selling price, plus trade-in property of like kind, 38
for purchased recreational vessels. 39
p. 73 SB 6352
(b) In the case of a lease requiring periodic payments, the tax 1
is imposed on the fair market value of the recreational vessel at the 2
inception of the lease. 3
(c) The revenue collected under this subsection must be deposited 4
in the multimodal transportation account created in RCW 47.66.070.5
(d) For purposes of this subsection, "recreational vessel" means 6
a vessel as defined in RCW 88.02.310 that is subject to watercraft 7
excise tax under chapter 82.49 RCW. 8
(((5))) (6) For purposes of subsection (((3))) (4) of this 9
section, "motor vehicle" has the meaning provided in RCW 46.04.320, 10
but does not include: 11
(a) Farm tractors or farm vehicles as defined in RCW 46.04.180 12
and 46.04.181, unless the farm tractor or farm vehicle is for use in 13
the production of cannabis; 14
(b) Off-road vehicles as defined in RCW 46.04.365;15
(c) Nonhighway vehicles as defined in RCW 46.09.310; and16
(d) Snowmobiles as defined in RCW 46.04.546. 17
(((6))) (7) Beginning on December 8, 2005, 0.16 percent of the 18
taxes collected under subsection (1) of this section must be 19
dedicated to funding comprehensive performance audits required under 20
RCW 43.09.470. The revenue identified in this subsection must be 21
deposited in the performance audits of government account created in 22
RCW 43.09.475. 23
(((7))) (8) Beginning July 1, 2027, the portion of taxes 24
collected by the state under subsection (1) of this section equal to 25
0.1 percent of the selling price on each retail sale in this state 26
must be deposited ((in the multimodal transportation account created 27
in RCW 47.66.070)) as follows: (a) 50 percent in the Puget Sound 28
ferry operations account created in RCW 47.60.530; (b) 25 percent in 29
the Puget Sound capital construction account created in RCW 30
47.60.505; and (c) 25 percent in the multimodal transportation 31
account created in RCW 47.66.070. 32
(((8))) (9) The taxes imposed under this chapter apply to 33
successive retail sales of the same property. 34
(((9))) (10) The rates provided in this section apply to taxes 35
imposed under chapter 82.12 RCW as provided in RCW 82.12.020.36
Sec. 1202. RCW 82.12.020 and 2025 c 418 s 4 and 2025 c 417 s 202 37
are each reenacted and amended to read as follows:38
p. 74 SB 6352
(1) There is levied and collected from every person in this state 1
a tax or excise for the privilege of using within this state as a 2
consumer any: 3
(a) Article of tangible personal property acquired by the user in 4
any manner, including tangible personal property acquired at a casual 5
or isolated sale, and including by-products used by the manufacturer 6
thereof, except as otherwise provided in this chapter, irrespective 7
of whether the article or similar articles are manufactured or are 8
available for purchase within this state; 9
(b) Prewritten computer software, regardless of the method of 10
delivery, but excluding prewritten computer software that is either 11
provided free of charge or is provided for temporary use in viewing 12
information, or both; 13
(c) Services defined as a retail sale in RCW 82.04.050 (2) (a) or 14
(g) or (6)(((c))) (b), excluding services defined as a retail sale in 15
RCW 82.04.050(6)(((c))) (b) that are provided free of charge;16
(d) Extended warranty; or 17
(e)(i) Digital good, digital code, or digital automated service, 18
including the use of any services provided by a seller exclusively in 19
connection with digital goods, digital codes, or digital automated 20
services, whether or not a separate charge is made for such services.21
(ii) With respect to the use of digital goods, digital automated 22
services, and digital codes acquired by purchase, the tax imposed in 23
this subsection (1)(e) applies in respect to: 24
(A) Sales in which the seller has granted the purchaser the right 25
of permanent use; 26
(B) Sales in which the seller has granted the purchaser a right 27
of use that is less than permanent; 28
(C) Sales in which the purchaser is not obligated to make 29
continued payment as a condition of the sale; and 30
(D) Sales in which the purchaser is obligated to make continued 31
payment as a condition of the sale. 32
(iii) With respect to digital goods, digital automated services, 33
and digital codes acquired other than by purchase, the tax imposed in 34
this subsection (1)(e) applies regardless of whether or not the 35
consumer has a right of permanent use or is obligated to make 36
continued payment as a condition of use. 37
(2) The provisions of this chapter do not apply in respect to the 38
use of any article of tangible personal property, extended warranty, 39
digital good, digital code, digital automated service, or service 40
p. 75 SB 6352
taxable under RCW 82.04.050 (2) (a) or (g) or (6)(((c))) (b), if the 1
sale to, or the use by, the present user or the present user's bailor 2
or donor has already been subjected to the tax under chapter 82.08 3
RCW or this chapter and the tax has been paid by the present user or 4
by the present user's bailor or donor. 5
(3)(a) Except as provided in this section, payment of the tax 6
imposed by this chapter or chapter 82.08 RCW by one purchaser or user 7
of tangible personal property, extended warranty, digital good, 8
digital code, digital automated service, or other service does not 9
have the effect of exempting any other purchaser or user of the same 10
property, extended warranty, digital good, digital code, digital 11
automated service, or other service from the taxes imposed by such 12
chapters. 13
(b) The tax imposed by this chapter does not apply:14
(i) If the sale to, or the use by, the present user or his or her 15
bailor or donor has already been subjected to the tax under chapter 16
82.08 RCW or this chapter and the tax has been paid by the present 17
user or by his or her bailor or donor; 18
(ii) In respect to the use of any article of tangible personal 19
property acquired by bailment and the tax has once been paid based on 20
reasonable rental as determined by RCW 82.12.060 measured by the 21
value of the article at time of first use multiplied by the tax rate 22
imposed by chapter 82.08 RCW or this chapter as of the time of first 23
use; 24
(iii) In respect to the use of any article of tangible personal 25
property acquired by bailment, if the property was acquired by a 26
previous bailee from the same bailor for use in the same general 27
activity and the original bailment was prior to June 9, 1961; or28
(iv) To the use of digital goods or digital automated services, 29
which were obtained through the use of a digital code, if the sale of 30
the digital code to, or the use of the digital code by, the present 31
user or the present user's bailor or donor has already been subjected 32
to the tax under chapter 82.08 RCW or this chapter and the tax has 33
been paid by the present user or by the present user's bailor or 34
donor. 35
(4)(a) Except as provided in (b) of this subsection (4), the tax 36
is levied and must be collected in an amount equal to the value of 37
the article used, value of the digital good or digital code used, 38
value of the extended warranty used, or value of the service used by 39
p. 76 SB 6352
the taxpayer, multiplied by the applicable rates in effect for the 1
retail sales tax under RCW 82.08.020. 2
(b) In the case of a seller required to collect use tax from the 3
purchaser, the tax must be collected in an amount equal to the 4
purchase price multiplied by the applicable rate in effect for the 5
retail sales tax under RCW 82.08.020. 6
(5) Beginning July 1, 2027, the portion of taxes collected by the 7
state under subsection (1) of this section equal to 0.1 percent of 8
the value of the article used, value of the digital good or digital 9
code used, value of the extended warranty used, or value of the 10
service used by the taxpayer, must be deposited ((in the multimodal 11
transportation account created in RCW 47.66.070)) as follows: (a) 50 12
percent in the Puget Sound ferry operations account created in RCW 13
47.60.530; (b) 25 percent in the Puget Sound capital construction 14
account created in RCW 47.60.505; and (c) 25 percent in the 15
multimodal transportation account created in RCW 47.66.070.16
(6) For purposes of the tax imposed in this section, "person" 17
includes anyone within the definition of "buyer," "purchaser," and 18
"consumer" in RCW 82.08.010. 19
(7)(a) Beginning July 1, 2026, the tax imposed in this section at 20
the rate provided in RCW 82.08.020(((4))) (5) applies to the use of a 21
recreational vessel at the time that it is first used in this state 22
by the consumer. 23
(b) The revenue collected under this subsection must be deposited 24
in the multimodal transportation account created in RCW 47.66.070.25
(c) For purposes of this subsection, "recreational vessel" means 26
a vessel as defined in RCW 88.02.310 that is subject to watercraft 27
excise tax under chapter 82.49 RCW. 28
PART XIII: FUEL TAX INFLATION DISTRIBUTION CLARIFICATION29
Sec. 1301. RCW 82.38.030 and 2025 c 417 s 101 are each amended 30
to read as follows: 31
(1) There is levied and imposed upon fuel licensees a tax at the 32
rate of 23 cents per gallon of fuel. 33
(2) Beginning July 1, 2003, an additional and cumulative tax rate 34
of five cents per gallon of fuel is imposed on fuel licensees. This 35
subsection (2) expires when the bonds issued for transportation 2003 36
projects are retired. 37
p. 77 SB 6352
(3) Beginning July 1, 2005, an additional and cumulative tax rate 1
of three cents per gallon of fuel is imposed on fuel licensees.2
(4) Beginning July 1, 2006, an additional and cumulative tax rate 3
of three cents per gallon of fuel is imposed on fuel licensees.4
(5) Beginning July 1, 2007, an additional and cumulative tax rate 5
of two cents per gallon of fuel is imposed on fuel licensees.6
(6) Beginning July 1, 2008, an additional and cumulative tax rate 7
of one and one-half cents per gallon of fuel is imposed on fuel 8
licensees. 9
(7) Beginning August 1, 2015, an additional and cumulative tax 10
rate of seven cents per gallon of fuel is imposed on fuel licensees.11
(8) Beginning July 1, 2016, an additional and cumulative tax rate 12
of four and nine-tenths cents per gallon of fuel is imposed on fuel 13
licensees. 14
(9) Beginning July 1, 2025, an additional and cumulative tax rate 15
of six cents per gallon of fuel is imposed on fuel licensees.16
(10) Beginning July 1, 2025, an additional and cumulative tax 17
rate of three cents per gallon of special fuel is imposed on fuel 18
licensees. 19
(11) Beginning July 1, 2027, an additional and cumulative tax 20
rate of three cents per gallon of special fuel is imposed on fuel 21
licensees. 22
(12)(((a))) Beginning July 1, 2026, ((the fuel tax rates imposed 23
under subsections (1) through (9) of this section must be increased 24
annually by two percent and the resulting fuel tax rate must be 25
rounded to the nearest one-thousandth of $1.26
(b))) an additional and cumulative tax rate per gallon of fuel is 27
imposed on fuel licensees. The tax rate imposed under this subsection 28
is calculated each July 1st by:29
(a) Increasing by two percent the sum of:30
(i) The fuel tax rates imposed under subsections (1) through (9) 31
of this section as of the current July 1st; and32
(ii) The fuel tax rate imposed under this subsection (12) for the 33
prior 12 months;34
(b) Subtracting the sum of the fuel tax rates imposed under 35
subsections (1) through (9) of this section as of the current July 36
1st; and37
(c) Rounding the result to the nearest one-thousandth of $1.38
(13) Beginning July 1, 2028, ((the fuel tax rate imposed under 39
subsections (10) and (11) of this section must be increased annually 40
p. 78 SB 6352
by two percent and the resulting fuel tax rate must be rounded to the 1
nearest one-thousandth of $1. 2
(13))) an additional and cumulative tax rate per gallon of 3
special fuel is imposed on fuel licensees. The tax rate imposed under 4
this subsection is calculated each July 1st by:5
(a) Increasing by two percent the sum of:6
(i) The fuel tax rates imposed under subsections (1) through (11) 7
of this section as of the current July 1st; and8
(ii) The fuel tax rates imposed under subsection (12) of this 9
section and this subsection (13) for the prior 12 months;10
(b) Subtracting the sum of the fuel tax rates imposed under 11
subsections (1) through (12) of this section as of the current July 12
1st; and13
(c) Rounding the result to the nearest one-thousandth of $1.14
(14) Taxes are imposed when: 15
(a) Fuel is removed in this state from a terminal if the fuel is 16
removed at the rack unless the removal is by a licensed supplier or 17
distributor for direct delivery to a destination outside of the 18
state, or the removal is by a fuel supplier for direct delivery to an 19
international fuel tax agreement licensee under RCW 82.38.320;20
(b) Fuel is removed in this state from a refinery if either of 21
the following applies: 22
(i) The removal is by bulk transfer and the refiner or the owner 23
of the fuel immediately before the removal is not a licensed 24
supplier; or 25
(ii) The removal is at the refinery rack unless the removal is to 26
a licensed supplier or distributor for direct delivery to a 27
destination outside of the state, or the removal is to a licensed 28
supplier for direct delivery to an international fuel tax agreement 29
licensee under RCW 82.38.320; 30
(c) Fuel enters into this state for sale, consumption, use, or 31
storage, unless the fuel enters this state for direct delivery to an 32
international fuel tax agreement licensee under RCW 82.38.320, if 33
either of the following applies: 34
(i) The entry is by bulk transfer and the importer is not a 35
licensed supplier; or 36
(ii) The entry is not by bulk transfer; 37
(d) Fuel enters this state by means outside the bulk transfer-38
terminal system and is delivered directly to a licensed terminal 39
unless the owner is a licensed distributor or supplier;40
p. 79 SB 6352
(e) Fuel is sold or removed in this state to an unlicensed entity 1
unless there was a prior taxable removal, entry, or sale of the fuel;2
(f) Blended fuel is removed or sold in this state by the blender 3
of the fuel. The number of gallons of blended fuel subject to tax is 4
the difference between the total number of gallons of blended fuel 5
removed or sold and the number of gallons of previously taxed fuel 6
used to produce the blended fuel; 7
(g) Dyed special fuel is used on a highway, as authorized by the 8
internal revenue code, unless the use is exempt from the fuel tax;9
(h) Dyed special fuel is held for sale, sold, used, or is 10
intended to be used in violation of this chapter; 11
(i) Special fuel purchased by an international fuel tax agreement 12
licensee under RCW 82.38.320 is used on a highway; and13
(j) Fuel is sold by a licensed fuel supplier to a fuel 14
distributor or fuel blender and the fuel is not removed from the bulk 15
transfer-terminal system. 16
Sec. 1302. RCW 46.68.090 and 2025 c 417 s 103 and 2025 c 416 s 17
706 are each reenacted and amended to read as follows:18
(1) All moneys that have accrued or may accrue to the motor 19
vehicle fund from the fuel tax must be first expended for purposes 20
enumerated in (a) and (b) of this subsection. The remaining net tax 21
amount must be distributed monthly by the state treasurer in 22
accordance with subsections (2) through (9) of this section.23
(a) For payment of refunds of fuel tax that has been paid and is 24
refundable as provided by law; 25
(b) For payment of amounts to be expended pursuant to 26
appropriations for the administrative expenses of the offices of 27
state treasurer, state auditor, and the department of licensing of 28
the state of Washington in the administration of the fuel tax, which 29
sums must be distributed monthly. 30
(2) All of the remaining net tax amount collected under RCW 31
82.38.030(1) must be distributed as set forth in (a) through (j) of 32
this subsection. 33
(a) For distribution to the motor vehicle fund an amount equal to 34
44.387 percent to be expended for highway purposes of the state as 35
defined in RCW 46.68.130; 36
(b)(i) For distribution to the special category C account, hereby 37
created in the motor vehicle fund, an amount equal to 3.2609 percent 38
to be expended for special category C projects. Special category C 39
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projects are category C projects that, due to high cost only, will 1
require bond financing to complete construction. 2
(ii) The following criteria, listed in order of priority, must be 3
used in determining which special category C projects have the 4
highest priority: 5
(A) Accident experience; 6
(B) Fatal accident experience; 7
(C) Capacity to move people and goods safely and at reasonable 8
speeds without undue congestion; and 9
(D) Continuity of development of the highway transportation 10
network. 11
(iii) Moneys deposited in the special category C account in the 12
motor vehicle fund may be used for payment of debt service on bonds 13
the proceeds of which are used to finance special category C projects 14
under this subsection (2)(b); 15
(c) For distribution to the Puget Sound ferry operations account 16
in the motor vehicle fund an amount equal to 2.3283 percent;17
(d) For distribution to the Puget Sound capital construction 18
account in the motor vehicle fund an amount equal to 2.3726 percent;19
(e) For distribution to the transportation improvement account in 20
the motor vehicle fund an amount equal to 7.5597 percent;21
(f) For distribution to the transportation improvement account in 22
the motor vehicle fund an amount equal to 5.6739 percent and expended 23
in accordance with RCW 47.26.086; 24
(g) For distribution to the cities and towns from the motor 25
vehicle fund an amount equal to 10.6961 percent in accordance with 26
RCW 46.68.110; 27
(h) For distribution to the counties from the motor vehicle fund 28
an amount equal to 19.2287 percent: (i) Out of which there must be 29
distributed from time to time, as directed by the department of 30
transportation, those sums as may be necessary to carry out the 31
provisions of RCW 47.56.725; and (ii) less any amounts appropriated 32
to the county road administration board to implement the provisions 33
of RCW 47.56.725(4), with the balance of such county share to be 34
distributed monthly as the same accrues for distribution in 35
accordance with RCW 46.68.120; 36
(i) For distribution to the county arterial preservation account, 37
hereby created in the motor vehicle fund an amount equal to 1.9565 38
percent. These funds must be distributed by the county road 39
administration board to counties in proportions corresponding to the 40
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number of paved arterial lane miles in the unincorporated area of 1
each county and must be used for improvements to sustain the 2
structural, safety, and operational integrity of county arterials. 3
The county road administration board must adopt reasonable rules and 4
develop policies to implement this program and to assure that a 5
pavement management system is used. During the 2025-2027 fiscal 6
biennium, the county arterial preservation account may also be used 7
for staffing-related expenses of the board, contracting costs, and 8
grants associated with bridge ratings; 9
(j) For distribution to the rural arterial trust account in the 10
motor vehicle fund an amount equal to 2.5363 percent and expended in 11
accordance with RCW 36.79.020. 12
(3) The remaining net tax amount collected under RCW 82.38.030(2) 13
must be distributed to the transportation 2003 account (nickel 14
account). 15
(4) The remaining net tax amount collected under RCW 82.38.030(3) 16
must be distributed as follows: 17
(a) 8.3333 percent must be distributed to the incorporated cities 18
and towns of the state in accordance with RCW 46.68.110;19
(b) 8.3333 percent must be distributed to counties of the state 20
in accordance with RCW 46.68.120; and 21
(c) The remainder must be distributed to the transportation 22
partnership account created in RCW 46.68.290. 23
(5) The remaining net tax amount collected under RCW 82.38.030(4) 24
must be distributed as follows: 25
(a) 8.3333 percent must be distributed to the incorporated cities 26
and towns of the state in accordance with RCW 46.68.110;27
(b) 8.3333 percent must be distributed to counties of the state 28
in accordance with RCW 46.68.120; and 29
(c) The remainder must be distributed to the transportation 30
partnership account created in RCW 46.68.290. 31
(6) The remaining net tax amount collected under RCW 82.38.030 32
(5) and (6) must be distributed to the transportation partnership 33
account created in RCW 46.68.290. 34
(7) The remaining net tax amount collected under RCW 82.38.030 35
(7) and (8) must be distributed to the connecting Washington account 36
created in RCW 46.68.395. 37
(8) The remaining net tax amount collected under RCW 82.38.030 38
(9) through (((12))) (13) must be distributed as follows:39
p. 82 SB 6352
(a) Two and one-half percent must be distributed to the 1
incorporated cities and towns of the state in accordance with RCW 2
46.68.110; 3
(b) Two and one-half percent must be distributed to counties of 4
the state in accordance with RCW 46.68.120; and 5
(c) The remainder must be distributed to the motor vehicle fund 6
created in RCW 46.68.070. 7
(9) Nothing in this section or in RCW 46.68.130 may be construed 8
so as to violate any terms or conditions contained in any highway 9
construction bond issues now or hereafter authorized by statute and 10
whose payment is by such statute pledged to be paid from any excise 11
taxes on fuel. 12
PART XIV: TIRE FEE SELLER RETENTION AMOUNT CLARIFICATION13
Sec. 1401. RCW 70A.205.405 and 2025 c 417 s 301 are each amended 14
to read as follows: 15
(1) There is levied a $5 per tire fee on the retail sale of new 16
replacement vehicle tires. The fee imposed in this section must be 17
paid by the buyer to the seller, and each seller shall collect from 18
the buyer the full amount of the fee. The fee collected from the 19
buyer by the seller less the ((ten percent )) amount retained by the 20
seller as provided in RCW 70A.205.430(1) must be paid to the 21
department of revenue in accordance with RCW 82.32.045.22
(2) The department of revenue shall incorporate into the agency's 23
regular audit cycle a reconciliation of the number of tires sold and 24
the amount of revenue collected by the businesses selling new 25
replacement vehicle tires at retail. The department of revenue shall 26
collect on the business excise tax return from the businesses selling 27
new replacement vehicle tires at retail: 28
(a) The number of tires sold; and 29
(b) The fee levied in this section. 30
(3) All other applicable provisions of chapter 82.32 RCW have 31
full force and application with respect to the fee imposed under this 32
section. The department of revenue shall administer this section.33
(4) For the purposes of this section, "new replacement vehicle 34
tires" means tires that are newly manufactured for vehicle purposes 35
and does not include retreaded vehicle tires. 36
p. 83 SB 6352
PART XV: REPEAL OF LUXURY AIRCRAFT TAX, AIRCRAFT FUEL TAX INCREASE, 1
AND OTHER AIRCRAFT PROVISIONS2
Sec. 1501. RCW 82.32.145 and 2025 c 417 s 205 are each amended 3
to read as follows: 4
(1) Whenever the department has issued a warrant under RCW 5
82.32.210 for the collection of unpaid trust fund taxes from a 6
limited liability business entity and that business entity has been 7
terminated, dissolved, or abandoned, or is insolvent, the department 8
may pursue collection of the entity's unpaid trust fund taxes, 9
including penalties and interest on those taxes, against any or all 10
of the responsible individuals. For purposes of this subsection, 11
"insolvent" means the condition that results when the sum of the 12
entity's debts exceeds the fair market value of its assets. The 13
department may presume that an entity is insolvent if the entity 14
refuses to disclose to the department the nature of its assets and 15
liabilities. 16
(2) Personal liability under this section may be imposed for 17
state and local trust fund taxes. 18
(3)(a) For a responsible individual who is the current or a 19
former chief executive or chief financial officer, liability under 20
this section applies regardless of fault or whether the individual 21
was or should have been aware of the unpaid trust fund tax liability 22
of the limited liability business entity. 23
(b) For any other responsible individual, liability under this 24
section applies only if he or she willfully fails to pay or to cause 25
to be paid to the department the trust fund taxes due from the 26
limited liability business entity. 27
(4)(a) Except as provided in this subsection (4)(a), a 28
responsible individual who is the current or a former chief executive 29
or chief financial officer is liable under this section only for 30
trust fund tax liability accrued during the period that he or she was 31
the chief executive or chief financial officer. However, if the 32
responsible individual had the responsibility or duty to remit 33
payment of the limited liability business entity's trust fund taxes 34
to the department during any period of time that the person was not 35
the chief executive or chief financial officer, that individual is 36
also liable for trust fund tax liability that became due during the 37
period that he or she had the duty to remit payment of the limited 38
p. 84 SB 6352
liability business entity's taxes to the department but was not the 1
chief executive or chief financial officer. 2
(b) All other responsible individuals are liable under this 3
section only for trust fund tax liability that became due during the 4
period he or she had the responsibility or duty to remit payment of 5
the limited liability business entity's taxes to the department.6
(5) Persons described in subsection (3)(b) of this section are 7
exempt from liability under this section in situations where 8
nonpayment of the limited liability business entity's trust fund 9
taxes is due to reasons beyond their control as determined by the 10
department by rule. 11
(6) Any person having been issued a notice of assessment under 12
this section is entitled to the appeal procedures under RCW 13
82.32.160, 82.32.170, 82.32.180, 82.32.190, and 82.32.200.14
(7) This section does not relieve the limited liability business 15
entity of its trust fund tax liability or otherwise impair other tax 16
collection remedies afforded by law. 17
(8) Collection authority and procedures prescribed in this 18
chapter apply to collections under this section. 19
(9) The definitions in this subsection apply throughout this 20
section unless the context clearly requires otherwise.21
(a) "Chief executive" means: The president of a corporation; or 22
for other entities or organizations other than corporations or if the 23
corporation does not have a president as one of its officers, the 24
highest ranking executive manager or administrator in charge of the 25
management of the company or organization. 26
(b) "Chief financial officer" means: The treasurer of a 27
corporation; or for entities or organizations other than corporations 28
or if a corporation does not have a treasurer as one of its officers, 29
the highest senior manager who is responsible for overseeing the 30
financial activities of the entire company or organization.31
(c) "Limited liability business entity" means a type of business 32
entity that generally shields its owners from personal liability for 33
the debts, obligations, and liabilities of the entity, or a business 34
entity that is managed or owned in whole or in part by an entity that 35
generally shields its owners from personal liability for the debts, 36
obligations, and liabilities of the entity. Limited liability 37
business entities include corporations, limited liability companies, 38
limited liability partnerships, trusts, general partnerships and 39
joint ventures in which one or more of the partners or parties are 40
p. 85 SB 6352
also limited liability business entities, and limited partnerships in 1
which one or more of the general partners are also limited liability 2
business entities. 3
(d) "Manager" has the same meaning as in RCW 25.15.006.4
(e) "Member" has the same meaning as in RCW 25.15.006, except 5
that the term only includes members of member-managed limited 6
liability companies. 7
(f) "Officer" means any officer or assistant officer of a 8
corporation, including the president, vice president, secretary, and 9
treasurer. 10
(g)(i) "Responsible individual" includes any current or former 11
officer, manager, member, partner, or trustee of a limited liability 12
business entity with an unpaid tax warrant issued by the department.13
(ii) "Responsible individual" also includes any current or former 14
employee or other individual, but only if the individual had the 15
responsibility or duty to remit payment of the limited liability 16
business entity's unpaid trust fund tax liability reflected in a tax 17
warrant issued by the department. 18
(iii) Whenever any taxpayer has one or more limited liability 19
business entities as a member, manager, or partner, "responsible 20
individual" also includes any current and former officers, members, 21
or managers of the limited liability business entity or entities or 22
of any other limited liability business entity involved directly in 23
the management of the taxpayer. For purposes of this subsection 24
(9)(g)(iii), "taxpayer" means a limited liability business entity 25
with an unpaid tax warrant issued against it by the department.26
(h) "Trust fund taxes" means taxes collected from purchasers and 27
held in trust under RCW 82.08.050, including taxes imposed under RCW 28
82.08.020, 82.08.150, 82.08.817, 82.12.818, ((82.48A.010, 29
82.48A.020,)) and 82.51.010. 30
(i) "Willfully fails to pay or to cause to be paid" means that 31
the failure was the result of an intentional, conscious, and 32
voluntary course of action. 33
Sec. 1502. RCW 82.42.020 and 2022 c 182 s 201 are each amended 34
to read as follows: 35
There is levied upon every distributor of aircraft fuel, an 36
excise tax at the rate of ((18)) 25 cents on each gallon of aircraft 37
fuel sold, delivered, or used in this state. There must be collected 38
from every user of aircraft fuel either the use tax imposed by RCW 39
p. 86 SB 6352
82.12.020 or the retail sales tax imposed by RCW 82.08.020. The taxes 1
imposed by this chapter must be collected and paid to the state but 2
once in respect to any aircraft fuel. 3
Sec. 1503. RCW 82.42.090 and 2025 c 417 s 1304 are each amended 4
to read as follows: 5
((All moneys )) (1) Seventy-two percent of the revenue collected 6
by the director from the aircraft fuel excise tax as provided in RCW 7
82.42.020 shall be transmitted to the state treasurer and shall be 8
credited to the aeronautics account hereby created in the state 9
treasury. Moneys in the account may be spent only after 10
appropriation. Expenditures from the account may be used only for 11
aviation-related purposes. 12
(2) Twenty-eight percent of the revenue collected by the director 13
from the aircraft fuel excise tax as provided in RCW 82.42.020 shall 14
be transmitted to the state treasurer and shall be credited to the 15
sustainable aviation fuel account created in RCW 43.31.645.16
(3) Moneys collected from the consumer or user of aircraft fuel 17
from either the use tax imposed by RCW 82.12.020 or the retail sales 18
tax imposed by RCW 82.08.020 shall be transmitted to the state 19
treasurer and credited to the state general fund. 20
Sec. 1504. RCW 47.68.250 and 2021 c 131 s 2 are each amended to 21
read as follows: 22
(1)(a) Every aircraft, inclusive of commercial unpiloted aircraft 23
systems, must be registered with the department for each calendar 24
year in which the aircraft is operated or is based within this state. 25
A fee of ((fifteen dollars)) $30, to be adjusted annually as provided 26
in (b) of this subsection, is charged for each such registration and 27
each annual renewal thereof. 28
(b) Beginning January 1, 2028, the aircraft registration fee 29
required in (a) of this subsection must be adjusted annually by 30
increasing the fee by two percent and the result must be rounded to 31
the nearest whole dollar.32
(2) The department must review the fee schedule based on the 33
number of unpiloted aircraft systems registered under any single 34
entity. Consideration should be given to the cost to administer the 35
program and the number of commercial aircraft registered in the 36
state. The department shall collaborate with the department of 37
commerce, the department of revenue, and industry representatives in 38
p. 87 SB 6352
determining any recommendations to revise the initial fee. The report 1
is due to the transportation committees of the legislature by 2
December 1, 2022. 3
(3) Possession of the appropriate effective federal certificate, 4
permit, rating, or license relating to ownership and airworthiness of 5
the aircraft, and payment of the excise tax imposed by Title 82 RCW 6
for the privilege of using the aircraft within this state during the 7
year for which the registration is sought, and payment of the 8
registration fee required by this section are the only requisites for 9
registration of an aircraft under this section. 10
(4) The registration fee imposed by this section is payable to 11
and collected by the secretary. The fee for any calendar year must be 12
paid during the month of January, and collected by the secretary at 13
the time of the collection by him or her of the excise tax. If the 14
secretary is satisfied that the requirements for registration of the 15
aircraft have been met, he or she must issue to the owner of the 16
aircraft a certificate of registration therefor. The secretary must 17
pay to the state treasurer the registration fees collected under this 18
section((, which registration fees must be credited to the 19
aeronautics account )) with 50 percent deposited in the aeronautics 20
account created in RCW 82.42.090 and 50 percent deposited in the 21
sustainable aviation fuel account created in RCW 43.31.645.22
(5) It is not necessary for the registrant to provide the 23
secretary with originals or copies of federal certificates, permits, 24
ratings, or licenses. The secretary must issue certificates of 25
registration, or such other evidences of registration or payment of 26
fees as he or she may deem proper; and in connection therewith may 27
prescribe requirements for the possession and exhibition of such 28
certificates or other evidences. 29
(6) The provisions of this section do not apply to:30
(a) An aircraft owned by and used exclusively in the service of 31
any government or any political subdivision thereof, including the 32
government of the United States, any state, territory, or possession 33
of the United States, or the District of Columbia, which is not 34
engaged in carrying persons or property for commercial purposes;35
(b) An aircraft registered under the laws of a foreign country;36
(c) An aircraft that is owned by a nonresident if:37
(i) The aircraft remains in this state or is based in this state, 38
or both, for a period less than ((ninety)) 90 days; or39
p. 88 SB 6352
(ii) The aircraft is a large private airplane as defined in RCW 1
82.08.215 and remains in this state for a period of ((ninety)) 90 2
days or longer, but only when: 3
(A) The airplane is in this state exclusively for the purpose of 4
repairs, alterations, or reconstruction, including any flight testing 5
related to the repairs, alterations, or reconstruction, or for the 6
purpose of continual storage of not less than one full calendar year;7
(B) An employee of the facility providing these services is on 8
board the airplane during any flight testing; and 9
(C) Within ((ninety)) 90 days of the date the airplane first 10
arrived in this state during the calendar year, the nonresident files 11
a written statement with the department indicating that the airplane 12
is exempt from registration under this subsection (6)(c)(ii). The 13
written statement must be filed in a form and manner prescribed by 14
the department and must include such information as the department 15
requires. The department may require additional periodic verification 16
that the airplane remains exempt from registration under this 17
subsection (6)(c)(ii) and that written statements conform with the 18
provisions of chapter 5.50 RCW; 19
(d) A piloted aircraft engaged principally in commercial flying 20
constituting an act of interstate or foreign commerce;21
(e) An aircraft owned by the commercial manufacturer thereof 22
while being operated for test or experimental purposes, or for the 23
purpose of training crews for purchasers of the aircraft;24
(f) An aircraft being held for sale, exchange, delivery, test, or 25
demonstration purposes solely as stock in trade of an aircraft dealer 26
licensed under Title 14 RCW; 27
(g) An aircraft based within the state that is in an unairworthy 28
condition, is not operated within the registration period, and has 29
obtained a written exemption issued by the secretary; and30
(h) Unpiloted aircraft systems used exclusively for hobby or 31
recreation. 32
(7) The secretary must be notified within ((thirty)) 30 days of 33
any change in ownership of a registered aircraft. The notification 34
must contain the N, NC, NR, NL, or NX number of the aircraft, the 35
full name and address of the former owner, and the full name and 36
address of the new owner. For failure to so notify the secretary, the 37
registration of that aircraft may be canceled by the secretary, 38
subject to reinstatement upon application and payment of a 39
reinstatement fee of ((ten dollars)) $10 by the new owner.40
p. 89 SB 6352
(8) A municipality or port district that owns, operates, or 1
leases an airport, as defined in RCW 47.68.020, with the intent to 2
operate, must require from an aircraft owner proof of aircraft 3
registration as a condition of leasing or selling tiedown or hangar 4
space for an aircraft. It is the responsibility of the lessee or 5
purchaser to register the aircraft. Proof of registration must be 6
provided according to the following schedule: 7
(a) For the purchase of tiedown or hangar space, the municipality 8
or port district must allow the purchaser ((thirty)) 30 days from the 9
date of the application for purchase to produce proof of aircraft 10
registration. 11
(b) For the lease of tiedown or hangar space that extends 12
((thirty)) 30 days or more, the municipality or port district must 13
allow the lessee ((thirty)) 30 days to produce proof of aircraft 14
registration from the date of the application for lease of tiedown or 15
hangar space. 16
(c) For the lease of tiedown or hangar space that extends less 17
than ((thirty)) 30 days, the municipality or port district must allow 18
the lessee to produce proof of aircraft registration at any point 19
prior to the final day of the lease. 20
(9) The airport must work with the aviation division to assist in 21
its efforts to register aircraft by providing information about based 22
aircraft on an annual basis as requested by the division.23
(10) The department may adopt rules to implement this section.24
Sec. 1505. RCW 47.68.250 and 2021 c 131 s 3 are each amended to 25
read as follows: 26
(1)(a) Every aircraft, inclusive of commercial unpiloted aircraft 27
systems, must be registered with the department for each calendar 28
year in which the aircraft is operated or is based within this state. 29
A fee of ((fifteen dollars)) $30, to be adjusted annually as provided 30
in (b) of this subsection, is charged for each such registration and 31
each annual renewal thereof. 32
(b) Beginning January 1, 2028, the aircraft registration fee 33
required in (a) of this subsection must be adjusted annually by 34
increasing the fee by two percent and the result must be rounded to 35
the nearest whole dollar.36
(2) The department must review the fee schedule based on the 37
number of unpiloted aircraft systems registered under any single 38
entity. Consideration should be given to the cost to administer the 39
p. 90 SB 6352
program and the number of commercial aircraft registered in the 1
state. The department shall collaborate with the department of 2
commerce, the department of revenue, and industry representatives in 3
determining any recommendations to revise the initial fee. The report 4
is due to the transportation committees of the legislature by 5
December 1, 2022. 6
(3) Possession of the appropriate effective federal certificate, 7
permit, rating, or license relating to ownership and airworthiness of 8
the aircraft, and payment of the excise tax imposed by Title 82 RCW 9
for the privilege of using the aircraft within this state during the 10
year for which the registration is sought, and payment of the 11
registration fee required by this section are the only requisites for 12
registration of an aircraft under this section. 13
(4) The registration fee imposed by this section is payable to 14
and collected by the secretary. The fee for any calendar year must be 15
paid during the month of January, and must be collected by the 16
secretary at the time of the collection by him or her of the excise 17
tax. If the secretary is satisfied that the requirements for 18
registration of the aircraft have been met, he or she must issue to 19
the owner of the aircraft a certificate of registration therefor. The 20
secretary must pay to the state treasurer the registration fees 21
collected under this section ((, which registration fees must be 22
credited to the aeronautics account )) with 50 percent deposited in 23
the aeronautics account created in RCW 82.42.090 and 50 percent 24
deposited in the sustainable aviation fuel account created in RCW 25
43.31.645. 26
(5) It is not necessary for the registrant to provide the 27
secretary with originals or copies of federal certificates, permits, 28
ratings, or licenses. The secretary must issue certificates of 29
registration, or such other evidences of registration or payment of 30
fees as he or she may deem proper; and in connection therewith may 31
prescribe requirements for the possession and exhibition of such 32
certificates or other evidences. 33
(6) The provisions of this section do not apply to:34
(a) An aircraft owned by and used exclusively in the service of 35
any government or any political subdivision thereof, including the 36
government of the United States, any state, territory, or possession 37
of the United States, or the District of Columbia, which is not 38
engaged in carrying persons or property for commercial purposes;39
(b) An aircraft registered under the laws of a foreign country;40
p. 91 SB 6352
(c) An aircraft that is owned by a nonresident if:1
(i) The aircraft remains in this state or is based in this state, 2
or both, for a period less than ((ninety)) 90 days; or3
(ii) The aircraft is a large private airplane as defined in RCW 4
82.08.215 and remains in this state for a period of ((ninety)) 90 5
days or longer, but only when: 6
(A) The airplane is in this state exclusively for the purpose of 7
repairs, alterations, or reconstruction, including any flight testing 8
related to the repairs, alterations, or reconstruction, or for the 9
purpose of continual storage of not less than one full calendar year;10
(B) An employee of the facility providing these services is on 11
board the airplane during any flight testing; and 12
(C) Within ((ninety)) 90 days of the date the airplane first 13
arrived in this state during the calendar year, the nonresident files 14
a written statement with the department indicating that the airplane 15
is exempt from registration under this subsection (6)(c)(ii). The 16
written statement must be filed in a form and manner prescribed by 17
the department and must include such information as the department 18
requires. The department may require additional periodic verification 19
that the airplane remains exempt from registration under this 20
subsection (6)(c)(ii) and that written statements conform with the 21
provisions of chapter 5.50 RCW; 22
(d) A piloted aircraft engaged principally in commercial flying 23
constituting an act of interstate or foreign commerce;24
(e) An aircraft owned by the commercial manufacturer thereof 25
while being operated for test or experimental purposes, or for the 26
purpose of training crews for purchasers of the aircraft;27
(f) An aircraft being held for sale, exchange, delivery, test, or 28
demonstration purposes solely as stock in trade of an aircraft dealer 29
licensed under Title 14 RCW; 30
(g) An aircraft based within the state that is in an unairworthy 31
condition, is not operated within the registration period, and has 32
obtained a written exemption issued by the secretary; and33
(h) Unpiloted aircraft systems used exclusively for hobby or 34
recreation. 35
(7) The secretary must be notified within ((thirty)) 30 days of 36
any change in ownership of a registered aircraft. The notification 37
must contain the N, NC, NR, NL, or NX number of the aircraft, the 38
full name and address of the former owner, and the full name and 39
address of the new owner. For failure to so notify the secretary, the 40
p. 92 SB 6352
registration of that aircraft may be canceled by the secretary, 1
subject to reinstatement upon application and payment of a 2
reinstatement fee of ((ten dollars)) $10 by the new owner.3
(8) A municipality or port district that owns, operates, or 4
leases an airport, as defined in RCW 47.68.020, with the intent to 5
operate, must require from an aircraft owner proof of aircraft 6
registration as a condition of leasing or selling tiedown or hangar 7
space for an aircraft. It is the responsibility of the lessee or 8
purchaser to register the aircraft. Proof of registration must be 9
provided according to the following schedule: 10
(a) For the purchase of tiedown or hangar space, the municipality 11
or port district must allow the purchaser ((thirty)) 30 days from the 12
date of the application for purchase to produce proof of aircraft 13
registration. 14
(b) For the lease of tiedown or hangar space that extends 15
((thirty)) 30 days or more, the municipality or port district must 16
allow the lessee ((thirty)) 30 days to produce proof of aircraft 17
registration from the date of the application for lease of tiedown or 18
hangar space. 19
(c) For the lease of tiedown or hangar space that extends less 20
than ((thirty)) 30 days, the municipality or port district must allow 21
the lessee to produce proof of aircraft registration at any point 22
prior to the final day of the lease. 23
(9) The airport must work with the aviation division to assist in 24
its efforts to register aircraft by providing information about based 25
aircraft on an annual basis as requested by the division.26
(10) The department may adopt rules to implement this section.27
Sec. 1506. RCW 82.48.030 and 2013 c 56 s 3 are each amended to 28
read as follows: 29
(1)(a) Except as otherwise provided in (b) of this subsection, 30
and as adjusted annually as provided in (c) of this subsection, the 31
amount of the tax imposed by this chapter for each calendar year is 32
as follows: 33
34 ((Type of aircraft Registration fee
35 Single engine fixed wing $ 50
36 Small multi-engine fixed wing 65
37 Large multi-engine fixed wing 80
38 Turboprop multi-engine fixed wing 100
p. 93 SB 6352
1 Turbojet multi-engine fixed wing 125
2 Helicopter 75
3 Sailplane 20
4 Lighter than air 20
5 Home built 20))
6 Registration Fee Schedule
7 Type of aircraft Part 1 Part 2 Total
8
9 Single engine fixed wing $ 50 $ 70 $ 120
10 Small multi-engine fixed wing 65 155 220
11 Large multi-engine fixed wing 80 140 220
12 Turboprop multi-engine fixed wing 100 370 470
13 Turbojet multi-engine fixed wing 125 1095 1220
14 Helicopter 75 145 220
15 Sailplane 20 100 120
16 Lighter than air 20 100 120
17 Home built 20 100 120
18 Commercial unpiloted aircraft systems 0 120 120
(b) The amount of tax , adjusted annually as provided in (c) of 19
this subsection, imposed by this chapter for each calendar year with 20
respect to aircraft owned and operated by a commuter air carrier that 21
is not an airplane company as defined in RCW 84.12.200 is as follows:22
23
24
((Gross maximum take-off
weight of the aircraft
Registration fee
25 Less than 4,001 lbs. $500
26 4,001-6,000 lbs. $1,000
27 6,001-8,000 lbs. $2,000
28 8,001-9,000 lbs. $3,000
29 9,001-12,500 lbs. $4,000))
30 Registration Fee Schedule
31 Gross maximum take-off weight of the aircraft Part 1 Part 2 Total
32
33 Less than 4,001 lbs. $ 500 $ 500 $ 1000
p. 94 SB 6352
1 4,001-6,000 lbs. 1000 1000 2000
2 6,001-8,000 lbs. 2000 2000 4000
3 8,001-9,000 lbs. 3000 3000 6000
4 9,001-12,500 lbs. 4000 4000 8000
(c) Beginning January 1, 2028, the excise taxes required in (a) 5
and (b) of this subsection must be adjusted annually by increasing 6
the registration fee by two percent and the result must be rounded to 7
the nearest whole dollar.8
(2)(a) The amount of tax imposed under subsection (1) of this 9
section for each calendar year must be divided into ((twelve)) 12 10
parts corresponding to the months of the calendar year and the excise 11
tax upon an aircraft registered for the first time in this state 12
after the last day of any month may only be levied for the remaining 13
months of the calendar year including the month in which the aircraft 14
is being registered. However, the minimum amount payable is ((three 15
dollars)) $3. 16
(b) An aircraft is deemed registered for the first time in this 17
state when such aircraft was not previously registered by this state 18
for the year immediately preceding the year in which application for 19
registration is made. 20
Sec. 1507. RCW 82.48.080 and 2015 3rd sp.s. c 6 s 901 are each 21
amended to read as follows: 22
(1) The secretary must regularly pay to the state treasurer the 23
excise taxes collected under this chapter ((, which must be credited 24
by the state treasurer)).25
(2) All excise taxes collected under part 1 of the registration 26
fee schedule in RCW 82.48.030(1) (a) and (b) must be credited to the 27
aeronautics account for state grants to airports and the 28
administrative expenses associated with grant execution and the 29
collection of excise taxes under this chapter. 30
(3) All excise taxes collected under part 2 of the registration 31
fee schedule in RCW 82.48.030(1) (a) and (b) must be credited to the 32
sustainable aviation fuel account created in RCW 43.31.645.33
NEW SECTION. Sec. 1508. The following acts or parts of acts are 34
each repealed:35
(1) RCW 82.48A.010 (Luxury aircraft tax) and 2025 c 417 s 207;36
p. 95 SB 6352
(2) RCW 82.48A.020 (Use tax if value of aircraft exceeds $500,0001
—Exception) and 2025 c 417 s 208; 2
(3) RCW 82.48A.030 (Deposit for revenue collected) and 2025 c 417 3
s 209; and 4
(4) RCW 82.48A.040 (Administration) and 2025 c 417 s 210.5
PART XVI: TOW TRUCK IMPOUNDS6
Sec. 1601. 2025 c 417 s 1406 (uncodified) is amended to read as 7
follows: 8
Sections 1307 through 1309 of this act take effect ((February 1, 9
2026)) July 1, 2027. 10
PART XVII: MISCELLANEOUS11
NEW SECTION. Sec. 1701. Sections 1001, 1201, 1202, 1301, 1302, 12
and 1401 of this act take effect July 1, 2026.13
NEW SECTION. Sec. 1702. Sections 110, 901, and 902 of this act 14
take effect October 1, 2026.15
NEW SECTION. Sec. 1703. Sections 1502 and 1503 of this act take 16
effect November 1, 2026.17
NEW SECTION. Sec. 1704. Sections 1504, 1506, and 1507 of this 18
act take effect January 1, 2027.19
NEW SECTION. Sec. 1705. (1) Section 1001 of this act expires 20
the earlier of July 1, 2028, or when RCW 74.76.040 expires.21
(2) Section 1002 of this act expires July 1, 2028.22
(3) Section 1003 of this act expires the earlier of January 1, 23
2029, or when RCW 74.76.040 expires. 24
(4) Section 1004 of this act expires January 1, 2029.25
(5) Section 1005 of this act expires when RCW 74.76.040 expires.26
NEW SECTION. Sec. 1706. (1) Section 1002 of this act takes 27
effect when RCW 74.76.040 expires.28
(2) Sections 1003 and 1004 of this act take effect July 1, 2028.29
(3) Sections 1005 and 1006 of this act take effect January 1, 30
2029. 31
p. 96 SB 6352
NEW SECTION. Sec. 1707. Section 1504 of this act expires July 1
1, 2031.2
NEW SECTION. Sec. 1708. Section 1505 of this act takes effect 3
July 1, 2031.4
NEW SECTION. Sec. 1709. Sections 1501, 1508, and 1601 of this 5
act are necessary for the immediate preservation of the public peace, 6
health, or safety, or support of the state government and its 7
existing public institutions, and take effect immediately.8
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p. 97 SB 6352