RCW ch. 43.19 — Revised Code of Washington Chapter 43.19 RCW — Department Of Enterprise Services

RCW 43.19.003 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of enterprise services. (2) "Director" means the director of enterprise services. (3) "State agency" means every state agency, office, officer, board, commission, institution, and institution of higher education, including all state universities, regional universities, The Evergreen State College, and community and technical colleges. [ 2017 c 318 s 1; 2011 1st sp.s. c 43 s 102.] NOTES: Effective date— RCW 43.19.005 Department created—Powers and duties. (1) The department of enterprise services is created as an executive branch agency. The department is vested with all powers and duties transferred to it under chapter 43, Laws of 2011 1st sp. sess. and such other powers and duties as may be authorized by law. (2) In addition to the powers and duties as provided in chapter 43, Laws of 2011 1st sp. sess., the department shall provide products and services to support state agencies, and may enter into agreements with any other governmental entity or a public benefit nonprofit organization, in compliance with RCW 39.34.055, to furnish such products and services as deemed appropriate by both parties. The agreement shall provide for the reimbursement to the department of the reasonable cost of the products and services furnished. All governmental entities of this state may enter into such agreements, unless otherwise prohibited. [ 2012 c 224 s 25; 2011 1st sp.s. c 43 s 103.] NOTES: Effective date— RCW 43.19.008 Director—Executive powers and management—Review of programs and services—Audit. (1) The executive powers and management of the department shall be administered as described in this section. (2) The executive head and appointing authority of the department is the director. The director is appointed by the governor, subject to confirmation by the senate. The director serves at the pleasure of the governor. The director is paid a salary fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position. (3) The director may employ staff members, who are exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter, and such other duties as may be authorized by law. The director may delegate any power or duty vested in him or her by chapter 43, Laws of 2011 1st sp. sess. or other law, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW. (4) The internal affairs of the department are under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director has complete charge and supervisory powers over the department. The director may create the administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law. (5) Until June 30, 2018, at the beginning of each fiscal biennium, the office of financial management shall conduct a review of the programs and services that are performed by the department to determine whether the program or service may be performed by the private sector in a more cost-efficient and effective manner than being performed by the department. In conducting this review, the office of financial management shall: (a) Examine the existing activities currently being performed by the department, including but not limited to an examination of services for their performance, staffing, capital requirements, and mission. Programs may be broken down into discrete services or activities or reviewed as a whole; and (b) Examine the activities to determine which specific services are available in the marketplace and what potential for efficiency gains or savings exist. (i) As part of the review in this subsection (5), the office of financial management shall select up to six activities or services that have been determined as an activity that may be provided by the private sector in a cost-effective and efficient manner, including for the 2011-2013 fiscal biennium the bulk printing services. The office of financial management may consult with affected industry stakeholders in making its decision on which activities to contract for services. Priority for selection shall be given to agency activities or services that are significant, ongoing functions. (ii) The office of financial management must consider the consequences and potential mitigation of improper or failed performance by the contractor. (iii) For each of the selected activities, the department shall use a request for information, request for proposal, or other procurement process to determine if a contract for the activity would result in the activity being provided at a reduced cost and with greater efficiency. (iv) The request for information, request for proposal, or other procurement process must contain measurable standards for the performance of the contract. (v) The department may contract with one or more vendors to provide the service as a result of the procurement process. (vi) If the office of financial management determines via the procurement process that the activity cannot be provided by the private sector at a reduced cost and greater efficiency, the department of enterprise services may cancel the procurement without entering into a contract and shall promptly notify the legislative fiscal committees of such a decision. (vii) The department of enterprise services, in consultation with the office of financial management, must establish a contract monitoring process to measure contract performance, costs, service delivery quality, and other contract standards, and to cancel contracts that do not meet those standards. No contracts may be renewed without a review of these measures. (viii) The office of financial management shall prepare a biennial report summarizing the results of the examination of the agency's programs and services. In addition to the programs and services examined and the result of the examination, the report shall provide information on any procurement process that does not result in a contract for the services. During each regular legislative session held in odd-numbered years, the legislative fiscal committees shall hold a public hearing on the report and the department's activities under this section. (ix) The joint legislative audit and review committee shall conduct an audit of the implementation of this subsection (5), and report to the legislature by January 1, 2018, on the results of the audit. The report must include an estimate of additional costs or savings to taxpayers as a result of the contracting out provisions. [ 2011 1st sp.s. c 43 s 104.] NOTES: Effective date— RCW 43.19.011 Director—Powers and duties. (1) The director of enterprise services shall supervise and administer the activities of the department of enterprise services and shall advise the governor and the legislature with respect to matters under the jurisdiction of the department. (2) In addition to other powers and duties granted to the director, the director shall have the following powers and duties: (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter; (b) Accept and expend gifts and grants that are related to the purposes of this chapter, whether such grants be of federal or other funds; (c) Appoint deputy and assistant directors and such other special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW; (d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this chapter; (e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the department; (f) Apply for grants from public and private entities, and receive and administer any grant funding received for the purpose and intent of this chapter; and (g) Perform other duties as are necessary and consistent with law. (3) The director may establish additional advisory groups as may be necessary to carry out the purposes of this chapter. [ 2011 1st sp.s. c 43 s 201; 1999 c 229 s 2.] NOTES: Effective date— RCW 43.19.014 Notification requirements. Actions under this chapter are subject to the notification requirements of RCW 43.17.400. [ 2007 c 62 s 12.] NOTES: Finding— RCW 43.19.015 Certain powers and duties of director of public institutions transferred to director of financial institutions. The director of financial institutions shall have the power and duties of the director of public institutions contained in the following chapters of RCW: Chapter 33.04 RCW concerning savings and loan associations; and chapter 39.32 RCW concerning purchase of federal property. [ 1994 c 92 s 495; 1984 c 29 s 2; 1983 c 3 s 101; 1981 c 115 s 2; 1965 c 8 s 43.19.015. Prior: 1955 c 285 s 18.] NOTES: Effective date— RCW 43.19.025 Enterprise services account. The enterprise services account is created in the custody of the state treasurer and shall be used for all activities conducted by the department, except information technology services. Only the director or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW. During the 2013-2015 fiscal biennium, the director of the office of financial management may authorize expenditures from the account for the provision of small agency client services. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to transfer money in the enterprise services account to the state general fund. [ 2025 c 424 s 948; 2014 c 221 s 915; 2013 c 251 s 2; 2011 1st sp.s. c 43 s 202; 2002 c 332 s 3; 2001 c 292 s 2; 1998 c 105 s 1.] NOTES: Effective date— RCW 43.19.125 Capitol buildings and grounds—Custody and control. (1) The director of enterprise services shall have custody and control of the capitol buildings and grounds, supervise and direct proper care, heating, lighting and repairing thereof, and designate rooms in the capitol buildings to be occupied by various state officials. (2) During the 2023-2025 and 2025-2027 fiscal biennia, the director must give legislative members reasonable access to reserve and utilize the reception room in the state legislative building when not otherwise booked. (3) During the 2025-2027 fiscal biennium, the director must provide an annual guided tour to the top of the legislative dome for legislative members. The tour may not include more than 10 people and may require touring individuals to sign a release of liability form as a condition of participating in the tour. [ 2025 c 414 s 8032; 2024 c 375 s 8010; 2011 1st sp.s. c 43 s 204; 2007 c 520 s 6014; 1965 c 8 s 43.19.125. Prior: 1959 c 301 s 2; 1955 c 285 s 9.] NOTES: Effective date— RCW 43.19.19054 Exemptions from statewide policy for purchasing and material control. The provisions of *RCW 43.19.1905 do not apply to materials, supplies, and equipment purchased for resale to other than public agencies by state agencies, including educational institutions. [ 2012 c 2 s 201 (Initiative Measure No. 1183, approved November 8, 2011); 1975-'76 2nd ex.s. c 21 s 7.] NOTES: *Reviser's note: RCW 43.19.1917 Records of equipment owned by state—Inspection—"State equipment" defined. All state agencies, including educational institutions, shall maintain a perpetual record of ownership of state owned equipment, which shall be available for the inspection and check of those officers who are charged by law with the responsibility for auditing the records and accounts of the state organizations owning the equipment, or to such other special investigators and others as the governor may direct. In addition, these records shall be made available to members of the legislature, the legislative committees, and legislative staff on request. All state agencies, including educational institutions, shall account to the office of financial management upon request for state equipment owned by, assigned to, or otherwise possessed by them and maintain such records as the office of financial management deems necessary for proper accountability therefor. The office of financial management shall publish a procedural directive for compliance by all state agencies, including educational institutions, which establishes a standard method of maintaining records for state owned equipment, including the use of standard state forms. This published directive also shall include instructions for reporting to the department all state equipment which is excess to the needs of state organizations owning such equipment. The term "state equipment" means all items of machines, tools, furniture, or furnishings other than expendable supplies and materials as defined by the office of financial management. [ 2011 1st sp.s. c 43 s 214; 1979 c 88 s 3; 1975-'76 2nd ex.s. c 21 s 9; 1969 ex.s. c 53 s 2; 1965 c 8 s 43.19.1917. Prior: 1959 c 178 s 9.] NOTES: Effective date— RCW 43.19.1919 Surplus personal property—Sale, exchange—Exceptions and limitations—Transferring ownership of department-owned vessel. (1) The department shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund. This requirement is subject to the following exceptions and limitations: (a) This section does not apply to property under RCW 27.53.045, 28A.335.180, or 43.19.1920; (b) Sales of capital assets may be made by the department and a credit established for future purchases of capital items as provided for in chapter 39.26 RCW; (c) Personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the department to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known. Surplus items may be disposed of without prior notification to state agencies if it is determined by the director to be in the best interest of the state. The department shall maintain a record of disposed surplus property, including date and method of disposal, identity of any recipient, and approximate value of the property; (d) This section does not apply to personal property acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in such grants or contracts; (e) A state agency having a surplus personal property asset with a fair market value of less than five hundred dollars may transfer the asset to another state agency without charging fair market value. A state agency conducting this action must maintain adequate records to comply with agency inventory procedures and state audit requirements. (2)(a) Prior to transferring ownership of a department-owned vessel, the department shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel. (b) If the department determines that the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, the department may: (i) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (ii) permanently dispose of the vessel by landfill, deconstruction, or other related method. [ 2015 c 79 s 12; 2013 c 291 s 5; 2011 1st sp.s. c 43 s 215; 2000 c 183 s 1; 1997 c 264 s 2; (1995 2nd sp.s. c 14 s 513 expired June 30, 1997); 1991 c 216 s 2; 1989 c 144 s 1; 1988 c 124 s 8; 1975-'76 2nd ex.s. c 21 s 11; 1965 c 8 s 43.19.1919. Prior: 1959 c 178 s 10.] NOTES: Effective date— RCW 43.19.19190 Surplus property—Exemption for original or historic state capitol furnishings. Original or historic furnishings from the state capitol group under RCW 27.48.040 do not constitute surplus property under this chapter. [ 1999 c 343 s 3.] NOTES: Findings— RCW 43.19.19191 Surplus computers and computer-related equipment—Donation to school districts or educational service districts. (1) In addition to disposing of property under RCW 28A.335.180, 39.33.010, 43.19.1919, and 43.19.1920, state-owned, surplus computers and computer-related equipment may be donated to any school district or educational service district under the guidelines and distribution standards established pursuant to subsection (2) of this section. (2) The department and office of the superintendent of public instruction shall jointly develop guidelines and distribution standards for the donation of state-owned, surplus computers and computer-related equipment to school districts and educational service districts. The guidelines and distribution standards shall include considerations for quality, school-district needs, and accountability, and shall give priority to meeting the computer-related needs of children with disabilities, including those disabilities necessitating the portability of laptop computers. The guidelines must be updated as needed. [ 2011 1st sp.s. c 43 s 216; 1999 c 186 s 1.] NOTES: Effective date— RCW 43.19.1920 Surplus personal property—Donation to emergency shelters. The department may donate state-owned, surplus, tangible personal property to shelters that are: Participants in the department of commerce's emergency shelter assistance program; and operated by nonprofit organizations or units of local government providing emergency or transitional housing for homeless persons. A donation may be made only if all of the following conditions have been met: (1) The department has made reasonable efforts to determine if any state agency has a requirement for such personal property and no such agency has been identified. Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known; (2) The agency owning the property has authorized the department to donate the property in accordance with this section; (3) The nature and quantity of the property in question is directly germane to the needs of the homeless persons served by the shelter and the purpose for which the shelter exists and the shelter agrees to use the property for such needs and purposes; and (4) The director has determined that the donation of such property is in the best interest of the state. [ 2011 1st sp.s. c 43 s 217; 1995 c 399 s 63; 1991 c 216 s 3.] NOTES: Effective date— RCW 43.19.19201 Affordable housing—Inventory of suitable property. (1) The department shall identify and catalog real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. The department shall provide a copy of the inventory to the department of commerce by November 1, 1993, and every November 1 thereafter. (2) By November 1 of each year, beginning in 1994, the department shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The department shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land. [ 2011 1st sp.s. c 43 s 218; 1995 c 399 s 64; 1993 c 461 s 7.] NOTES: Effective date— RCW 43.19.1921 Warehouse facilities—Central salvage—Sales, exchanges, between state agencies. The director shall: (1) Establish and maintain warehouses for the centralized storage and distribution of such supplies, equipment, and other items of common use in order to effect economies in the purchase of supplies and equipment for state agencies. To provide warehouse facilities the department may, by arrangement with the state agencies, utilize any surplus available state-owned space, and may acquire other needed warehouse facilities by lease or purchase of the necessary premises; (2) Provide for the central salvage of equipment, furniture, or furnishings used by state agencies, and also by means of such a service provide an equipment pool for effecting sales and exchanges of surplus and unused property by and between state agencies. [ 2011 1st sp.s. c 43 s 219; 1979 c 151 s 100; 1965 c 8 s 43.19.1921. Prior: 1959 c 178 s 11.] NOTES: Effective date— RCW 43.19.205 Chapter not applicable to certain transfers of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [ 2006 c 35 s 5.] NOTES: *Reviser's note: RCW 43.19.450 Supervisor of engineering and architecture—Qualifications—Appointment—Powers and duties—Delegation of authority—"State facilities" defined. The director shall appoint a supervisor of engineering and architecture. A person is not eligible for appointment as supervisor of engineering and architecture unless he or she is licensed to practice the profession of engineering or the profession of architecture in the state of Washington and for the last five years prior to his or her appointment has been licensed to practice the profession of engineering or the profession of architecture. As used in this section, "state facilities" includes all state buildings, related structures, and appurtenances constructed for any elected state officials, institutions, departments, boards, commissions, colleges, community colleges, except the state universities, The Evergreen State College and regional universities. "State facilities" does not include facilities owned by or used for operational purposes and constructed for the department of transportation, department of fish and wildlife, department of natural resources, or state parks and recreation commission. The director or the director's designee shall: (1) Prepare cost estimates and technical information to accompany the capital budget and prepare or contract for plans and specifications for new construction and major repairs and alterations to state facilities. (2) Contract for professional architectural, engineering, and related services for the design of new state facilities and major repair or alterations to existing state facilities. (3) Provide contract administration for new construction and the repair and alteration of existing state facilities. (4) In accordance with the public works laws, contract on behalf of the state for the new construction and major repair or alteration of state facilities. The director may delegate any and all of the functions under subsections (1) through (4) of this section to any agency upon such terms and conditions as considered advisable. [ 2011 1st sp.s. c 43 s 222; 1994 c 264 s 15; 1988 c 36 s 14; 1982 c 98 s 3; 1981 c 136 s 63; 1979 c 141 s 45; 1965 c 8 s 43.19.450. Prior: 1959 c 301 s 4.] NOTES: Effective date— RCW 43.19.455 Purchase of works of art—Procedure. Except as provided under RCW 43.17.210, the Washington state arts commission shall determine the amount to be made available for the purchase of art under RCW 43.17.200 in consultation with the director, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the director. [ 2011 1st sp.s. c 43 s 223; 2005 c 36 s 6; 1990 c 33 s 576; 1983 c 204 s 6; 1974 ex.s. c 176 s 3.] NOTES: Effective date— RCW 43.19.500 Enterprise services account—Use. The enterprise services account shall be used by the department for the payment of certain costs, expenses, and charges, as specified in this section, incurred by it in the operation and administration of the department in the rendering of services, the furnishing or supplying of equipment, supplies and materials, and for providing or allocating facilities, including the operation, maintenance, rehabilitation, or furnishings thereof to other agencies, offices, departments, activities, and other entities enumerated in RCW 43.01.090 and including the rendering of services in acquiring real estate under RCW 43.82.010 and the operation and maintenance of public and historic facilities at the state capitol, as defined in RCW 79.24.710. The department shall treat the rendering of services in acquiring real estate and the operation and maintenance of state capitol public and historic facilities as separate operating entities within the account for financial accounting and control. The schedule of services, facilities, equipment, supplies, materials, maintenance, rehabilitation, furnishings, operations, and administration to be so financed and recovered shall be determined jointly by the director and the director of financial management, in equitable amounts which, together with any other income or appropriation, will provide the department with funds to meet its anticipated expenditures during any allotment period. The director may adopt rules governing the provisions of RCW 43.01.090 and this section and the relationships and procedures between the department and such other entities. [ 2011 1st sp.s. c 43 s 224; 2005 c 330 s 6; 1998 c 105 s 9; 1994 c 219 s 17; 1982 c 41 s 2; 1979 c 151 s 101; 1971 ex.s. c 159 s 2.] NOTES: Effective date— RCW 43.19.501 Thurston county capital facilities account. The Thurston county capital facilities account is created in the state treasury. The account is subject to the appropriation and allotment procedures under chapter 43.88 RCW. Moneys in the account may be expended for capital projects in facilities owned and managed by the department in Thurston county. During the 2019-2021 and 2021-2023 fiscal biennia, the Thurston county capital facilities account may be appropriated for costs associated with staffing to support capital budget and project activities and lease and facility oversight activities. During the 2021-2023 fiscal biennium, the Thurston county capital facilities account may be appropriated for activities related to Capitol Lake long-term management planning, as provided in section 1057, chapter 296, Laws of 2022. [ 2022 c 296 s 7011; 2021 c 332 s 7013; 2020 c 356 s 7005; 2018 c 2 s 7027. Prior: 2016 c 202 s 58; prior: 2015 3rd sp.s. c 3 s 7031; 2011 1st sp.s. c 50 s 943; 2011 1st sp.s. c 43 s 225; 2009 c 564 s 932; 2008 c 328 s 6016; 1994 c 219 s 18.] NOTES: Effective date— RCW 43.19.560 Motor vehicle transportation service—Definitions. As used in RCW 43.19.565 through 43.19.635, * 43.41.130 and * 43.41.140, the following definitions shall apply: (1) "Passenger motor vehicle" means any sedan, station wagon, bus, or light truck which is designed for carrying ten passengers or less and is used primarily for the transportation of persons; (2) "State agency" shall include any state office, agency, commission, department, or institution financed in whole or in part from funds appropriated by the legislature. It shall also include the Washington state school directors' association, but it shall not include (a) the state supreme court or any agency of the judicial branch or (b) the legislature or any of its statutory, standing, special, or interim committees, other than at the option of the judicial or legislative agency or committee concerned; (3) "Employee commuting" shall mean travel by a state officer or employee to or from his or her official residence or other domicile to or from his or her official duty station or other place of work; (4) "Motor vehicle transportation services" shall include but not be limited to the furnishing of motor vehicles for the transportation of persons or property, with or without drivers, and may also include furnishing of maintenance, storage, and other support services to state agencies for the conduct of official state business. [ 2011 1st sp.s. c 43 s 230; 1983 c 187 s 3; 1975 1st ex.s. c 167 s 2.] NOTES: *Reviser's note: RCW 43.19.565 Motor vehicle transportation service—Powers and duties—Agency exemptions. The department shall establish a motor vehicle transportation service which is hereby empowered to: (1) Provide suitable motor vehicle transportation services to state agencies on either a temporary or permanent basis and upon such demonstration of need as the department may require; (2) Provide motor pools for the use of state agencies located in the Olympia area and such additional motor pools at other locations in the state as may be necessary to provide economic, efficient, and effective motor vehicle transportation services to state agencies. Such additional motor pools may be under either the direct control of the department or under the supervision of another state agency by agreement with the department; (3) Establish an equitable schedule of rental and mileage charges to agencies for motor vehicle transportation services furnished which shall be designed to provide funds to recover the actual total costs of motor pool operations including but not limited to vehicle operation expense, depreciation expense, overhead, and nonrecoverable collision or other damage to vehicles; and (4) Establish guidelines, procedures, and standards for fleet operations that other state agencies and institutions of higher education may adopt. The guidelines, procedures, and standards shall be consistent with and carry out the objectives of any general policies adopted by the office of financial management under *RCW 43.41.130. Unless otherwise determined by the director after consultation with the office of financial management, vehicles owned and managed by the department of transportation, the department of natural resources, and the Washington state patrol are exempt from the requirements of subsections (1), (2), and (4) of this section. [ 2011 1st sp.s. c 43 s 231; 2005 c 214 s 1; 1998 c 111 s 3; 1975 1st ex.s. c 167 s 3.] NOTES: *Reviser's note: RCW 43.19.570 Motor vehicle transportation service—Responsibilities—Agreements with other agencies—Alternative fuels and clean technologies. (1) The department shall direct and be responsible for the acquisition, operation, maintenance, storage, repair, and replacement of state motor vehicles under its control. The department shall utilize state facilities available for the maintenance, repair, and storage of such motor vehicles, and may provide directly or by contract for the maintenance, repair, and servicing of all motor vehicles, and other property related thereto and under its control. (2) The department may arrange, by agreement with agencies, for the utilization by one of the storage, repair, or maintenance facilities of another, with such provision for charges and credits as may be agreed upon. The department may acquire and maintain storage, repair, and maintenance facilities for the motor vehicles under its control from such funds as may be appropriated by the legislature. (3)(a) The legislature finds that a clean environment is important and that global warming effects may be offset by decreasing the emissions of harmful compounds from motor vehicles. The legislature further finds that the state is in a position to set an example of large scale use of alternative fuels in motor vehicles and other clean technologies. (b) The department shall consider the use of state vehicles to conduct field tests on alternative fuels in areas where air pollution constraints may be eased by these optional fuels. These fuels should include but are not limited to gas-powered and electric-powered vehicles. (c) For planned purchases of vehicles using alternative fuels, the department and other state agencies shall explore opportunities to purchase these vehicles together with the federal government, agencies of other states, other Washington state agencies, local governments, or private organizations for less cost. All state agencies must investigate and determine whether or not they can make clean technologies more cost-effective by combining their purchasing power before completing a planned vehicle purchase. [ 2002 c 285 s 2; 1989 c 113 s 1; 1982 c 163 s 11; 1975 1st ex.s. c 167 s 4.] NOTES: Severability— RCW 43.19.585 Motor vehicle transportation service—Powers and duties. The director or the director's designee shall have general charge and supervision of state motor pools and motor vehicle transportation services under departmental administration and control. The director or the director's designee shall (1) acquire by purchase or otherwise a sufficient number of motor vehicles to fulfill state agency needs for motor vehicle transportation service, (2) provide for necessary upkeep and repair, and (3) provide for servicing motor pool vehicles with fuel, lubricants, and other operating requirements. [ 2011 1st sp.s. c 43 s 232; 1975 1st ex.s. c 167 s 7.] NOTES: Effective date— RCW 43.19.600 Motor vehicle transportation service—Transfer of passenger motor vehicles to department from other agencies—Studies—Agency exemptions. (1) Any passenger motor vehicles currently owned or hereafter acquired by any state agency shall be purchased by or transferred to the department. The director may accept vehicles subject to the provisions of RCW 43.19.560 through 43.19.630, * 43.41.130 and * 43.41.140 prior to July 1, 1975, if he or she deems it expedient to accomplish an orderly transition. (2) The department, in cooperation with the office of financial management, shall study and ascertain current and prospective needs of state agencies for passenger motor vehicles and shall direct the transfer to a state motor pool or other appropriate disposition of any vehicle found not to be required by a state agency. (3) The department shall direct the transfer of passenger motor vehicles from a state agency to a state motor pool or other disposition as appropriate, based on a study under subsection (2) of this section, if a finding is made based on data therein submitted that the economy, efficiency, or effectiveness of state government would be improved by such a transfer or other disposition of passenger motor vehicles. Any dispute over the accuracy of data submitted as to the benefits in state governmental economy, efficiency, and effectiveness to be gained by such transfer shall be resolved by the director and the director of financial management. Unless otherwise determined by the director after consultation with the office of financial management, vehicles owned and managed by the department of transportation, the department of natural resources, and the Washington state patrol are exempt from the requirements of subsections (1) through (3) of this section. [ 2011 1st sp.s. c 43 s 233; 2009 c 549 s 5068; 1982 c 163 s 12; 1979 c 151 s 102; 1975 1st ex.s. c 167 s 10.] NOTES: *Reviser's note: RCW 43.19.610 Enterprise services account—Sources—Disbursements. All moneys, funds, proceeds, and receipts as provided by law shall be paid into the enterprise services account. Disbursements therefrom shall be made in accordance with the provisions of RCW 43.19.560 through 43.19.630, * 43.41.130 and * 43.41.140 as authorized by the director or a duly authorized representative and as may be provided by law. [ 2011 1st sp.s. c 43 s 234; 1998 c 105 s 12; 1991 sp.s. c 13 s 35; 1986 c 312 s 902. Prior: 1985 c 405 s 507; 1985 c 57 s 28; 1975 1st ex.s. c 167 s 12.] NOTES: *Reviser's note: RCW 43.19.620 Motor vehicle transportation service—Rules and regulations. The director shall adopt and enforce rules as may be deemed necessary to accomplish the purpose of RCW 43.19.560 through 43.19.630, * 43.41.130, and * 43.41.140. The rules, in addition to other matters, shall provide authority for any agency director or his or her delegate to approve the use on official state business of personally owned or commercially owned rental passenger motor vehicles. Before such an authorization is made, it must first be reasonably determined that state owned passenger vehicles or other suitable transportation is not available at the time or location required or that the use of such other transportation would not be conducive to the economical, efficient, and effective conduct of business. The rules shall be consistent with and shall carry out the objectives of the general policies and guidelines adopted by the office of financial management pursuant to *RCW 43.41.130. [ 2011 1st sp.s. c 43 s 235; 2009 c 549 s 5069; 1989 c 57 s 7; 1979 c 151 s 103; 1975 1st ex.s. c 167 s 14.] NOTES: *Reviser's note: RCW 43.19.622 Passenger motor vehicles owned or operated by state agencies—Duty to establish policies as to acquisition, operation, authorized use—Strategies to reduce fuel consumption and vehicle emissions—Implementation of fuel economy standards—Reports—Definitions. (1) The director of financial management, after consultation with other interested or affected state agencies, shall establish overall policies governing the acquisition, operation, management, maintenance, repair, and disposal of all motor vehicles owned or operated by any state agency. These policies shall include but not be limited to a definition of what constitutes authorized use of a state owned or controlled passenger motor vehicle and other motor vehicles on official state business. The definition shall include, but not be limited to, the use of state-owned motor vehicles for commuter ride sharing so long as the entire capital depreciation and operational expense of the commuter ride-sharing arrangement is paid by the commuters. Any use other than such defined use shall be considered as personal use. (2)(a) By June 15, 2010, the director of the *department of general administration, in consultation with the office and other interested or affected state agencies, shall develop strategies to assist state agencies in reducing fuel consumption and emissions from all classes of vehicles. (b) In an effort to achieve lower overall emissions for all classes of vehicles, state agencies should, when financially comparable over the vehicle's useful life, consider purchasing or converting to ultra-low carbon fuel vehicles. (3) State agencies shall phase in fuel economy standards for motor pools and leased petroleum-based fuel vehicles to achieve an average fuel economy standard of thirty-six miles per gallon for passenger vehicle fleets by 2015. (4) After June 15, 2010, state agencies shall: (a) When purchasing new petroleum-based fuel vehicles for vehicle fleets: (i) Achieve an average fuel economy of forty miles per gallon for light duty passenger vehicles; and (ii) achieve an average fuel economy of twenty-seven miles per gallon for light duty vans and sports [sport] utility vehicles; or (b) Purchase ultra-low carbon fuel vehicles. (5) State agencies must report annually on the progress made to achieve the goals under subsections (3) and (4) of this section beginning October 31, 2011. (6) The *department of general administration, in consultation with the office and other affected or interested agencies, shall develop a separate fleet fuel economy standard for all other classes of petroleum-based fuel vehicles and report the progress made toward meeting the fuel consumption and emissions goals established by this section to the governor and the relevant legislative committees by December 1, 2012. (7) The following vehicles are excluded from the average fuel economy goals established in subsections (3) and (4) of this section: Emergency response vehicles, passenger vans with a gross vehicle weight of eight thousand five hundred pounds or greater, vehicles that are purchased for off-pavement use, ultra-low carbon fuel vehicles, and vehicles that are driven less than two thousand miles per year. (8) Average fuel economy calculations used under this section for petroleum-based fuel vehicles must be based upon the current United States environmental protection agency composite city and highway mile per gallon rating. (9) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Petroleum-based fuel vehicle" means a vehicle that uses, as a fuel source, more than ten percent gasoline or diesel fuel. (b) "Ultra-low carbon fuel vehicle" means a vehicle that uses, as a fuel source, at least ninety percent natural gas, hydrogen, biomethane, or electricity. [ 2010 c 159 s 1; 2009 c 519 s 6; 1982 c 163 s 13; 1980 c 169 s 1; 1979 c 111 s 12; 1975 1st ex.s. c 167 s 5. Formerly RCW 43.41.130.] NOTES: *Reviser's note: RCW 43.19.623 Employee commuting in state-owned or leased vehicle—Policies and regulations. Pursuant to policies and regulations promulgated by the office of financial management, an elected state officer or delegate or a state agency director or delegate may permit an employee to commute in a state-owned or leased vehicle if such travel is on official business, as determined in accordance with RCW 43.19.622, and is determined to be economical and advantageous to the state, or as part of a commute trip reduction program as required by RCW 70A.15.4100. [ 2021 c 65 s 33; 1993 c 394 s 3; 1979 c 151 s 119; 1975 1st ex.s. c 167 s 15. Formerly RCW 43.41.140.] NOTES: Explanatory statement— RCW 43.19.630 Motor vehicle transportation service—Use of personal motor vehicle. RCW 43.19.560 through 43.19.620, * 43.41.130, and * 43.41.140 shall not be construed to prohibit a state officer or employee from using his or her personal motor vehicle on state business and being reimbursed therefor, where permitted under state travel policies, rules, and regulations promulgated by the office of financial management, and where such use is in the interest of economic, efficient, and effective management and performance of official state business. [ 2009 c 549 s 5070; 1989 c 57 s 8; 1979 c 151 s 104; 1975 1st ex.s. c 167 s 16.] NOTES: *Reviser's note: RCW 43.19.635 Motor vehicle transportation service—Unauthorized use of state vehicles—Procedure—Disciplinary action. (1) The governor, acting through the department and any other appropriate agency or agencies as he or she may direct, is empowered to utilize all reasonable means for detecting the unauthorized use of state owned motor vehicles, including the execution of agreements with the state patrol for compliance enforcement. Whenever such illegal use is discovered which involves a state employee, the employing agency shall proceed as provided by law to establish the amount, extent, and dollar value of any such use, including an opportunity for notice and hearing for the employee involved. When such illegal use is so established, the agency shall assess its full cost of any mileage illegally used and shall recover such amounts by deductions from salary or allowances due to be paid to the offending official or employee by other means. Recovery of costs by the state under this subsection shall not preclude disciplinary or other action by the appropriate appointing authority or employing agency under subsection (2) of this section. (2) Any willful and knowing violation of any provision of RCW 43.19.560 through 43.19.620, * 43.41.130 and * 43.41.140 shall subject the state official or employee committing such violation to disciplinary action by the appropriate appointing or employing agency. Such disciplinary action may include, but shall not be limited to, suspension without pay, or termination of employment in the case of repeated violations. (3) Any casual or inadvertent violation of RCW 43.19.560 through 43.19.620, * 43.41.130 and * 43.41.140 may subject the state official or employee committing such violation to disciplinary action by the appropriate appointing authority or employing agency. Such disciplinary action may include, but need not be limited to, suspension without pay. [ 2011 1st sp.s. c 43 s 236; 2009 c 549 s 5071; 1975 1st ex.s. c 167 s 17.] NOTES: *Reviser's note: RCW 43.19.637 Clean-fuel vehicles—Purchasing requirements. (1) At least thirty percent of all new vehicles purchased through a state contract shall be clean-fuel vehicles. (2) The percentage of clean-fuel vehicles purchased through a state contract shall increase at the rate of five percent each year. (3) In meeting the procurement requirement established in this section, preference shall be given to vehicles designed to operate exclusively on clean fuels. In the event that vehicles designed to operate exclusively on clean fuels are not available or would not meet the operational requirements for which a vehicle is to be procured, conventionally powered vehicles may be converted to clean fuel or dual fuel use to meet the requirements of this section. (4) Fuel purchased through a state contract shall be a clean fuel when the fuel is purchased for the operation of a clean-fuel vehicle. (5)(a) Weight classes are established by the following motor vehicle types: (i) Passenger cars; (ii) Light duty trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer of less than eight thousand five hundred pounds; (iii) Heavy duty trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer of eight thousand five hundred pounds or more. (b) This subsection does not place an obligation upon the state or its political subdivisions to purchase vehicles in any number or weight class other than to meet the percent procurement requirement. (6) The provisions for purchasing clean-fuel vehicles under subsections (1) and (2) of this section are intended as minimum levels. The department should seek to increase the purchasing levels of clean-fuel vehicles above the minimum. The department must also investigate all opportunities to aggregate their purchasing with local governments to determine whether or not they can lower their costs and make it cost-efficient to increase the percentage of clean-fuel or high gas mileage vehicles in both the state and local fleets. (7) For the purposes of this section, "clean fuels" and "clean-fuel vehicles" shall be those fuels and vehicles meeting the specifications provided for in RCW 70A.25.120. [ 2021 c 65 s 34; 2002 c 285 s 3; 1991 c 199 s 213.] NOTES: Explanatory statement— RCW 43.19.642 Biodiesel fuel blends—Use by agencies—Annual report. (1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent. (2) Except as provided in subsection (5) of this section, effective June 1, 2009, state agencies are required to use a minimum of 20 percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel-powered vessels, vehicles, and construction equipment. (3) All state agencies using biodiesel fuel shall, beginning on July 1, 2016, file annual reports with the department of enterprise services documenting the use of the fuel and a description of how any problems encountered were resolved. (4) By December 1, 2009, the department of enterprise services shall: (a) Report to the legislature on the average true price differential for biodiesel by blend and location; and (b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature. (5) The Washington state ferries is exempt from the requirements of this section and must use a minimum of five percent biodiesel as compared to total volume of all diesel used by the Washington state ferries, and develop internal processes to transition diesel vessels in the fleet to the highest possible biofuel blend or renewable diesel available by 2030. [ 2025 c 417 s 406; 2023 c 472 s 703; 2021 c 333 s 703; 2019 c 416 s 703; 2017 c 313 s 703; 2016 c 197 s 2; 2015 1st sp.s. c 10 s 701; 2013 c 306 s 701; 2012 c 86 s 802; 2010 c 247 s 701; 2009 c 470 s 716; 2007 c 348 s 201; 2006 c 338 s 10; 2003 c 17 s 2.] NOTES: Effective date— RCW 43.19.643 Biodiesel fuel blends—Definitions. The definitions in this section apply throughout RCW 43.19.642 unless the context clearly requires otherwise. (1) "Biodiesel" means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003. (2) "Ultra-low sulfur diesel" means petroleum diesel in which the sulfur content is not more than thirty parts per million. [ 2003 c 17 s 3.] NOTES: Findings— RCW 43.19.646 Coordinating the purchase and delivery of biodiesel—Reports. (1) The department must assist state agencies seeking to meet the biodiesel fuel requirements in RCW 43.19.642 by coordinating the purchase and delivery of biodiesel if requested by any state agency. The department may use long-term contracts of up to ten years, when purchasing from in-state suppliers who use predominantly in-state feedstock, to secure a sufficient and stable supply of biodiesel for use by state agencies. (2) The department shall compile and analyze the reports submitted under RCW 43.19.642(3) and report in an electronic format its findings and recommendations to the governor and committees of the legislature with responsibility for energy issues, within sixty days from the end of each reporting period. The governor shall consider these reports in determining whether to temporarily suspend minimum renewable fuel content requirements as authorized under RCW 19.112.160. [ 2011 1st sp.s. c 43 s 237; 2006 c 338 s 12.] NOTES: Effective date— RCW 43.19.647 Purchase of biofuels and biofuel blends—Contracting authority. (1) In order to allow the motor vehicle fuel needs of state and local government to be satisfied by Washington-produced biofuels as provided in this chapter, the department of enterprise services as well as local governments may contract in advance and execute contracts with public or private producers, suppliers, or other parties, for the purchase of appropriate biofuels, as that term is defined in *RCW 43.325.010, and biofuel blends. Contract provisions may address items including, but not limited to, fuel standards, price, and delivery date. (2) The department of enterprise services may combine the needs of local government agencies, including ports, special districts, school districts, and municipal corporations, for the purposes of executing contracts for biofuels and to secure a sufficient and stable supply of alternative fuels. [ 2015 c 225 s 65; 2007 c 348 s 203.] NOTES: *Reviser's note: RCW 43.19.648 Publicly owned vehicles, vessels, and construction equipment—Fuel usage—Advisory committee—Tires. (1) Effective June 1, 2015, all state agencies, to the extent determined practicable by the rules adopted by the department of commerce pursuant to RCW 43.325.080, are required to satisfy one hundred percent of their fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel. Compressed natural gas, liquefied natural gas, or propane may be substituted for electricity or biofuel if the department of commerce determines that electricity and biofuel are not reasonably available. (2)(a) Effective June 1, 2018, all local government subdivisions of the state, to the extent determined practicable by the rules adopted by the department of commerce pursuant to RCW 43.325.080, are required to satisfy one hundred percent of their fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel. The department of commerce shall convene an advisory committee of representatives of local government subdivisions, representatives from organizations representing each local government subdivision, and either (i) an electric utility or (ii) a natural gas utility, or both, to work with the department to develop the rules. The department may invite additional stakeholders to participate in the advisory committee as needed and determined by the department. (b) The following are exempt from this requirement: (i) Transit agencies using compressed natural gas on June 1, 2018, and (ii) engine retrofits that would void warranties. Nothing in this section is intended to require the replacement of equipment before the end of its useful life. Compressed natural gas, liquefied natural gas, or propane may be substituted for electricity or biofuel if the department of commerce determines that electricity and biofuel are not reasonably available. (c)(i) Rules adopted pursuant to RCW 43.325.080 must provide the authority for local government subdivisions to elect to exempt police, fire, and other emergency response vehicles, including utility vehicles frequently used for emergency response, from the fuel usage requirement in (a) of this subsection. (ii) Prior to executing its authority under (c)(i) of this subsection, a local government subdivision must provide notice to the department of commerce of the exemption. The notice must include the rationale for the exemption and an explanation of how the exemption is consistent with rules adopted by the department of commerce. (d) Before June 1, 2018, local government subdivisions purchasing vessels, vehicles, and construction equipment capable of using biodiesel must request warranty protection for the highest level of biodiesel the vessel, vehicle, or construction equipment is capable of using, up to one hundred percent biodiesel, as long as the costs are reasonably equal to a vessel, vehicle, or construction equipment that is not warranted to use up to one hundred percent biodiesel. (3) In order to phase in this transition for the state, all state agencies, to the extent determined practicable by the department of commerce by rules adopted pursuant to RCW 43.325.080, are required to achieve forty percent fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel by June 1, 2013. Compressed natural gas, liquefied natural gas, or propane may be substituted for electricity or biofuel if the department of commerce determines that electricity and biofuel are not reasonably available. The department of enterprise services, in consultation with the department of commerce, shall report to the governor and the legislature by December 1, 2013, on what percentage of the state's fuel usage is from electricity or biofuel. (4) Except for cars owned or operated by the Washington state patrol, when tires on vehicles in the state's motor vehicle fleet are replaced, they must be replaced with tires that have the same or better rolling resistance as the original tires. (5) By December 31, 2015, the state must, to the extent practicable, install electrical outlets capable of charging electric vehicles in each of the state's fleet parking and maintenance facilities. (6) The department of transportation's obligations under subsection (3) of this section are subject to the availability of amounts appropriated for the specific purpose identified in subsection (3) of this section. (7) The department of transportation's obligations under subsection (5) of this section are subject to the availability of amounts appropriated for the specific purpose identified in subsection (5) of this section unless the department receives federal or private funds for the specific purpose identified in subsection (5) of this section. (8) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. [ 2013 c 328 s 1; 2012 c 171 s 1; 2011 c 353 s 4; 2009 c 459 s 7; 2007 c 348 s 202.] NOTES: Intent— RCW 43.19.651 Fuel cells and renewable or alternative energy sources. (1) When planning for the capital construction or renovation of a state facility, state agencies shall consider the utilization of fuel cells and renewable or alternative energy sources as a primary source of power for applications that require an uninterruptible power source. (2) When planning the purchase of backup or emergency power systems and remote power systems, state agencies shall consider the utilization of fuel cells and renewable or alternative energy sources instead of batteries or internal combustion engines. (3) The director of enterprise services shall develop criteria by which state agencies can identify, evaluate, and develop potential fuel cell applications at state facilities. (4) For the purposes of this section, "fuel cell" means an electrochemical reaction that generates electric energy by combining atoms of hydrogen and oxygen in the presence of a catalyst. [ 2015 c 225 s 66; 2003 c 340 s 1.] NOTES: RCW 43.19.663 Clean technologies—Purchase—Definitions. (1) The department, in cooperation with public agencies, shall investigate opportunities to aggregate the purchase of clean technologies with other public agencies to determine whether or not combined purchasing can reduce the unit cost of clean technologies. (2) State agencies that are retail electric customers shall investigate opportunities to aggregate the purchase of electricity produced from generation resources that are fueled by wind or solar energy for their facilities located within a single utility's service area, to determine whether or not combined purchasing can reduce the unit cost of those resources. (3) No public agency is required under this section to purchase clean technologies at prohibitive costs. (4)(a) "Electric utility" shall have the same meaning as provided under RCW 19.29A.010. (b) "Clean technology" includes, but may not be limited to, alternative fueled hybrid electric and fuel cell vehicles, and distri