RCW ch. 43.31 — Revised Code of Washington Chapter 43.31 RCW — Department Of Commerce

RCW 43.31.033 Grants for thermal energy network pilot projects. (1) The department of commerce shall award grants for thermal energy network pilot projects. (2) Subject to the availability of amounts appropriated for this specific purpose, the department of commerce must provide grant funding to any gas company developing a thermal energy network pilot project in accordance with this section. (3) Grant funding from the appropriation authorized in this section for thermal energy network pilot projects is only available for gas companies as defined in RCW 80.04.010. (4) A gas company may receive grant funding from the department of commerce to offset the costs necessary to build and operate the project. The grant amount for a pilot project may not exceed the difference between the gas company's lowest reasonable cost resources under its current business practices and the costs of building and operating the thermal energy network pilot project. The utilities and transportation commission must determine this cost difference and provide the dollar amount to the department of commerce for the purposes of making the grant. (5) When determining whether to award a grant and the grant amount for a thermal energy network pilot project, the department of commerce must consider the information submitted by the gas company in compliance with RCW 80.28.460 (3) and (4) and any finding or conclusions of the utilities and transportation commission regarding the pilot project. The department of commerce may also allocate available funds to prioritize projects based on their cost-effectiveness and geographic diversity. (6) Each gas company receiving a grant from the department of commerce for a thermal energy network pilot project must coordinate with other grant awardees, the utilities and transportation commission, the department of commerce, and consultants with expertise on successful thermal energy networks to ensure that the pilot projects are diverse and designed to inform the utilities and transportation commission's decisions in the proceeding on the various ownership, market, and rate structures for thermal energy networks. [ 2024 c 348 s 4.] RCW 43.31.038 Geothermal exploration cost-share grant program. (1) Subject to the availability of amounts appropriated for this specific purpose, a competitive geothermal exploration cost-share grant program is established in order to incentivize deep exploratory drilling to identify locations suitable for the development of geothermal energy. (2) Grants may be awarded to offset the direct costs associated with the expense of conducting deep exploratory drilling for the purpose of identifying locations in Washington suitable for the development of geothermal energy. (3) The department of commerce must consult with the Washington geological survey to develop a method and criteria for the allocation of grants, subject to the following: (a) Proposed exploratory drilling projects should be located in areas of high geothermal potential not impacting federally reserved tribal rights and resources including, but not limited to, those protected by treaty, executive order, or federal law; (b) Grant applicants should possess, or should demonstrate a partnership or other form of relationship with entities who possess, demonstrated expertise in successful geothermal exploration; (c) Grant applicants should meet high labor standards, including family sustaining wages, providing benefits including health care and employer-contributed retirement plans, career development opportunities, and must maximize access to economic benefits from exploratory projects for local workers; (d) Selection and implementation of exploratory drilling projects should align with equity and environmental justice principles as established in chapter 70A.02 RCW; (e) Grant awards must be available to private, public, and federally recognized tribal applicants. Grant awards to private grant applicants should be for no more than one-half of the overall cost of the project and grant awards to public grant applicants should be for no more than two-thirds of the overall cost of the project; (f) Grant applicants must demonstrate that they have, or that they will have by the time of the execution of a grant agreement, site control of the site that is the subject of the exploration effort, either through an ownership interest or through a lease agreement that provides access to the site and the right to drill to the proposed depth; (g) The grant application must demonstrate the applicant's engagement efforts with the local community to provide information about the potential project; (h) If any fluid is proposed to be injected as part of the exploratory drilling, the grant applicant must: (i) Include an analysis of any potential for induced seismicity as a result of the injection, as well as a plan for the management of the risk of induced seismicity; and (ii) Consult with the department of ecology and, if applicable, comply with underground injection control standards and groundwater antidegradation standards as directed in chapter 90.48 RCW; (i) The award of grants will seek to broaden the state's knowledge of geothermal resources, with a preference given to high impact projects in favorable geologic settings that have been comparatively underexplored; and (j) All results of any exploratory drilling performed with grant funds must be made publicly available and must be submitted to the Washington geological survey for inclusion in the database created pursuant to RCW 43.92.090. (4) In the course of administering the geothermal exploration cost-share grant program, the department of commerce shall make a reasonable effort to utilize the United States department of energy recommendations and guidelines concerning enhanced geothermal demonstration projects in the western states. [ 2024 c 350 s 3.] RCW 43.31.0925 Business assistance center—Minority and women business development office. There is established within the department's *business assistance center the minority and women business development office. This office shall provide business-related assistance to minorities and women as well as serve as an outreach program to increase minority and women-owned businesses' awareness and use of existing business assistance services. [ 1993 c 512 s 7.] NOTES: *Reviser's note: RCW 43.31.125 Advisory groups. The director may establish such advisory groups as in the director's discretion are necessary to carry out the purposes of this chapter. Members of and vacancies in such advisory groups shall be filled by appointment by the director. Members shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060. [ 1985 c 466 s 16.] NOTES: Effective date— RCW 43.31.205 Hanford reservation—Promotion of sublease for nuclear-related industry. In an effort to enhance the economy of the Tri-Cities area, the department of commerce is directed to promote the existence of the lease between the state of Washington and the federal government executed September 10, 1964, covering one thousand acres of land lying within the Hanford reservation near Richland, Washington, and the opportunity of subleasing the land to entities for nuclear-related industry, in agreement with the terms of the lease. When promoting the existence of the lease, the department shall work in cooperation with any associate development organization located in or near the Tri-Cities area. [ 2023 c 470 s 2044; 1993 c 280 s 41; 1992 c 228 s 2; 1990 c 281 s 2.] NOTES: Explanatory statement— RCW 43.31.215 Hanford reservation—Tri-Cities area—Emphasize workforce and facilities. When the department implements programs intended to attract or maintain industrial or high-technology investments in the state, the department shall, to the extent possible, emphasize the following: (1) The highly skilled and trained workforce in the Tri-Cities area; (2) The world-class research facilities in the area, including the fast flux test facility and the Pacific Northwest laboratories; (3) The existence of the one thousand acres leased by the state from the federal government for the purpose of nuclear-related industries; and (4) The ability for high-technology and medical industries to safely dispose of low-level radioactive waste at the Hanford commercial low-level waste disposal facility. [ 1990 c 281 s 3.] NOTES: Legislative findings— RCW 43.31.422 Hanford area economic investment fund. The Hanford area economic investment fund is established in the custody of the state treasurer. Moneys in the fund shall only be used for reasonable assistant attorney general costs in support of the committee or pursuant to the decisions of the committee created in RCW 43.31.425 for Hanford area revolving loan funds, Hanford area infrastructure projects, or other Hanford area economic development and diversification projects, but may not be used for government or nonprofit organization operating expenses. Up to five percent of moneys in the fund may be used for program administration. For the purpose of this chapter "Hanford area" means Benton and Franklin counties. The director of commerce or the director's designee shall authorize disbursements from the fund with the advice of the committee created in RCW 43.31.425. The fund is subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for disbursements. The legislature intends to establish similar economic investment funds for areas that develop low-level radioactive waste disposal facilities. [ 2011 1st sp.s. c 21 s 42; 2004 c 77 s 1; 1998 c 76 s 1; 1993 c 280 s 44; 1991 c 272 s 19.] NOTES: Effective date— RCW 43.31.425 Hanford area economic investment fund advisory committee. The Hanford area economic investment fund advisory committee is hereby established to advise the director of the department of commerce. (1) The committee shall have eleven members. The director of the department of commerce shall appoint the members, in consultation with Hanford area elected officials, subject to the following requirements: (a) All members shall either reside or be employed within the Hanford area. (b) The committee shall have a balanced membership representing one member each from the elected leadership of Benton county, Franklin county, the city of Richland, the city of Kennewick, the city of Pasco, a Hanford area port district, the labor community, and four members from the Hanford area business and financial community. (c) Careful consideration shall be given to assure minority representation on the committee. (2) Each member appointed by the director of the department of commerce shall serve a term of three years. A person appointed to fill a vacancy of a member shall be appointed in a like manner and shall serve for only the unexpired term. A member is eligible for reappointment. A member may be removed by the director of the department of commerce for cause. (3) The director of the department of commerce shall designate a member of the committee as its chairperson. The committee may elect such other officers as it deems appropriate. Six members of the committee constitute a quorum and six affirmative votes are necessary for the transaction of business or the exercise of any power or function of the committee. (4) The members shall serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties in accordance with RCW 43.03.050 and 43.03.060. (5) Members shall not be liable to the state, to the fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violations of law. The department may purchase liability insurance for members and may indemnify these persons against the claims of others. [ 2011 1st sp.s. c 21 s 41; 1998 c 76 s 2; 1991 c 272 s 20.] NOTES: Effective date— RCW 43.31.428 Hanford area economic investment fund committee—Powers. The *Hanford area economic investment fund committee created under RCW 43.31.425 may: (1) Adopt bylaws for the regulation of its affairs and the conduct of its business; (2) Utilize the services of other governmental agencies; (3) Accept from any federal or state agency loans or grants for the purposes of funding Hanford area revolving loan funds, Hanford area infrastructure projects, or Hanford area economic development projects; (4) Adopt rules for the administration of the program, including the terms and rates pertaining to its loans, and criteria for awarding grants, loans, and financial guarantees; (5) Adopt a spending strategy for the moneys in the fund created in RCW 43.31.422. The strategy shall include five and ten year goals for economic development and diversification for use of the moneys in the Hanford area; (6) Recommend to the director no more than two allocations eligible for funding per calendar year, with a first priority on Hanford area revolving loan allocations, and Hanford area infrastructure allocations followed by other Hanford area economic development and diversification projects if the committee finds that there are no suitable allocations in the priority allocations described in this section; (7) Establish and administer a revolving fund consistent with this section and RCW 43.31.422 and 43.31.425; and (8) Make grants from the Hanford area economic investment fund consistent with this section and RCW 43.31.422 and 43.31.425. [ 2004 c 77 s 2; 1998 c 76 s 3; 1991 c 272 s 21.] NOTES: *Reviser's note: RCW 43.31.450 SEED act—Findings—Purpose. The legislature finds that economic well-being encompasses not only income, spending, and consumption, but also savings, investment, and asset-building. The building of assets, in particular, can improve individuals' economic independence and stability. The legislature further finds that it is appropriate for the state to institute an asset-based strategy to assist low-income families. It is the purpose of chapter 402, Laws of 2005 to promote job training, homeownership, and business development among low-income individuals and to provide assistance in meeting the financial goals of low-income individuals. [ 2005 c 402 s 2.] RCW 43.31.455 SEED act—Definitions. The definitions in this section apply throughout RCW 43.31.450 through 43.31.475 unless the context clearly requires otherwise. (1) "Department" means the department of commerce. (2) "Director" means the director of the department of commerce. (3) "Foster youth" means a person who is fifteen years of age or older who is a dependent of the department of social and health services; or a person who is at least fifteen years of age, but not more than twenty-three years of age, who was a dependent of the department of social and health services for at least twenty-four months after attaining thirteen years of age. (4) "Individual development account" or "account" means an account established by contract between a low-income individual and a sponsoring organization for the benefit of the low-income individual and funded through periodic contributions by the low-income individual which are matched with contributions by or through the sponsoring organization. (5) "Low-income individual" means a person whose household income is equal to or less than either: (a) Eighty percent of the median family income, adjusted for household size, for the county or metropolitan statistical area where the person resides; or (b) Two hundred percent of the federal poverty guidelines updated periodically in the federal register by the United States department of health and human services under the authority of 42 U.S.C. 9902(2). (6) "Program" means the individual development account program established pursuant to RCW 43.31.450 through 43.31.475. (7) "Sponsoring organization" means: (a) A nonprofit, fund-raising organization that is exempt from taxation under section 501(c)(3) of the internal revenue code as amended and in effect on January 1, 2005; (b) a housing authority established under RCW 35.82.030; or (c) a federally recognized Indian tribe. [ 2009 c 565 s 28; 2005 c 402 s 3.] RCW 43.31.460 SEED act—Individual development account program—Rules. An individual development account program is hereby established within the department for the purpose of facilitating the creation by sponsoring organizations of individual development accounts for low-income individuals. (1) The department shall select sponsoring organizations to establish and monitor individual development accounts using the following criteria: (a) The ability of the sponsoring organization to implement and administer an individual development account program, including the ability to verify a low-income individual's eligibility, certify that matching deposits are used only for approved purposes, and exercise general fiscal accountability; (b) The capacity of the sponsoring organization to provide or raise funds to match the contributions made by low-income individuals to their individual development accounts; (c) The capacity of the sponsoring organization to provide or arrange for the provision of financial counseling and other related services to low-income individuals; (d) The links the sponsoring organization has to other activities and programs related to the purpose of chapter 402, Laws of 2005; and (e) Such other criteria as the department determines are consistent with the purpose of chapter 402, Laws of 2005 and ease of administration. (2) An individual development account may be established by or on behalf of an eligible low-income individual to enable the individual to accumulate funds for the following purposes: (a) The acquisition of postsecondary education or job training; (b) The purchase of a primary residence, including any usual or reasonable settlement, financing, or other closing costs; (c) The capitalization of a small business. Account moneys may be used for capital, land, plant, equipment, and inventory expenses or for working capital pursuant to a business plan. The business plan must have been developed with a business counselor, trainer, or financial institution approved by the sponsoring organization. The business plan shall include a description of the services or goods to be sold, a marketing strategy, and projected financial statements; (d) The purchase of a computer, an automobile, or home improvements; or (e) The purchase of assistive technologies that will allow a person with a disability to participate in work-related activities. (3) An eligible low-income individual participating in the program must contribute to an individual development account. The contributions may be derived from earned income or other income, as provided by the department. Other income shall include child support payments, supplemental security income, and disability benefits. (4) A sponsoring organization may authorize a low-income individual for whom an individual development account has been established to withdraw all or part of the individual's deposits for the following emergencies: (a) Necessary medical expenses; (b) To avoid eviction of the individual from the individual's residence; (c) Necessary living expenses following loss of employment; or (d) Such other circumstances as the sponsoring organization determines merit emergency withdrawal. The low-income individual making an emergency withdrawal shall reimburse the account for the amount withdrawn within twelve months of the date of withdrawal or the individual development account shall be closed. (5) Funds held in an individual development account established under RCW 43.31.450 through 43.31.475 shall not be used in the determination of eligibility for, or the amount of, assistance in any state or federal means-tested program. (6) The department shall adopt rules as necessary to implement chapter 402, Laws of 2005, including rules regulating the use of individual development accounts by eligible low-income individuals. The department's rules shall require that funds held in an individual development account are to be withdrawn only for the purposes specified in subsection (2) of this section or withdrawn as permitted for emergencies under subsection (4) of this section. (7) Nothing in this section shall be construed to create an entitlement to matching moneys. [ 2005 c 402 s 4.] RCW 43.31.465 SEED act—Foster youth individual development account program. (1) A foster youth individual development account program is hereby established within the individual development account program established pursuant to RCW 43.31.460 for the purpose of facilitating the creation by sponsoring organizations of individual development accounts for foster youth. (2) The department shall select sponsoring organizations to establish and monitor individual development accounts for foster youth from those entities with whom the department of social and health services contracts for independent living services for youth who are or have been dependents of the department of social and health services. (3) An individual development account may be established by or on behalf of a foster youth to enable the individual to accumulate funds for the following purposes: (a) The acquisition of postsecondary education or job training; (b) Housing needs, including rent, security deposit, and utilities costs; (c) The purchase of a computer if necessary for postsecondary education or job training; (d) The purchase of a car if necessary for employment; and (e) Payment of health insurance premiums. (4) A foster youth participating in the program must contribute to an individual development account. The contributions may be derived from earned income or other income, as provided by the department. Other income shall include financial incentives for educational achievement provided by entities contracted with the department of social and health services for independent living services for youth who are or have been dependents of the department of social and health services. [ 2005 c 402 s 5.] RCW 43.31.470 SEED act—Individual development account program account. (1) An account is created in the custody of the state treasurer to be known as the individual development account program account. The account shall consist of all moneys appropriated to the account by the legislature and any other federal, state, or private funds, appropriated or nonappropriated, as the department receives for the purpose of matching low-income individuals' contributions to their individual development accounts. Expenditures from the account may be used only for the following: (a) Grants to sponsoring organizations selected by the department to participate in the individual development account program to assist sponsoring organizations in providing or arranging for the provision of financial counseling and other related services to low-income individuals participating in the program and for program administration purposes; (b) A match to be determined by the department of up to four dollars for every dollar deposited by an individual into the individual's individual development account, except that the maximum amount provided as a match for each individual development account shall be four thousand dollars; and (c) The department's administrative expenses in carrying out the purposes of chapter 402, Laws of 2005. (2) Only the director or the director's designee may authorize expenditures from the account. (3) The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [ 2005 c 402 s 6.] RCW 43.31.475 SEED act—Additional funds and purposes. Sponsoring organizations may seek additional funds to increase the match rate and the maximum annual match amount established pursuant to RCW 43.31.465. Such funds may also be used for purposes in addition to those provided in RCW 43.31.460(2). [ 2005 c 402 s 7.] RCW 43.31.480 SEED act—Report to the legislature. The department shall annually report to the legislature and the governor on the individual development account program established pursuant to RCW 43.31.450 through 43.31.475. [ 2005 c 402 s 9.] RCW 43.31.485 SEED act—Short title—2005 c 402. This act shall be known as the saving, earning, and enabling dreams (SEED) act. [ 2005 c 402 s 1.] RCW 43.31.502 Child care facility revolving fund—Purpose—Source of funds. (1) A child care facility revolving fund is created. Money in the fund shall be used solely for the purpose of starting or improving a child care facility pursuant to RCW * 43.31.085 and 43.31.502 through 43.31.514. Only moneys from private or federal sources may be deposited into this fund. (2) Funds provided under this section shall not be subject to reappropriation. The child care facility fund committee may use loan and grant repayments and income for the revolving fund program. (3) During the 2019-2021 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the child care facility revolving fund to the state general fund. [ 2020 c 357 s 914; 1991 c 248 s 1; 1989 c 430 s 3.] NOTES: *Reviser's note: RCW 43.31.504 Child care facility fund committee—Generally. The child care facility fund committee is established within the *business assistance center of the department of commerce. The committee shall administer the child care facility fund, with review by the director of commerce. (1) The committee shall have five members. The director of commerce shall appoint the members, who shall include: (a) Two persons experienced in investment finance and having skills in providing capital to new businesses, in starting and operating businesses, and providing professional services to small or expanding businesses; (b) One person representing a philanthropic organization with experience in evaluating funding requests; (c) One child care services expert; and (d) One early childhood development expert. In making these appointments, the director shall give careful consideration to ensure that the various geographic regions of the state are represented and that members will be available for meetings and are committed to working cooperatively to address child care needs in Washington state. (2) The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee. (3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060. (4) Committee members shall not be liable to the state, to the child care facility fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violation of the law. The department of commerce may purchase liability insurance for members and may indemnify these persons against the claims of others. [ 2023 c 470 s 2045; 1993 c 280 s 45; 1989 c 430 s 4.] NOTES: *Reviser's note: RCW 43.31.506 Child care facility fund committee—Authority to award moneys from fund. The child care facility fund committee is authorized to solicit applications for and award grants and loans from the child care facility fund to assist persons, businesses, or organizations to start a licensed child care facility, or to make capital improvements in an existing licensed child care facility. Grants and loans shall be awarded on a one-time only basis, and shall not be awarded to cover operating expenses beyond the first three months of business. No grant shall exceed twenty-five thousand dollars. No loan shall exceed one hundred thousand dollars. [ 1991 c 248 s 2; 1989 c 430 s 5.] NOTES: Legislative findings— RCW 43.31.508 Child care facility fund committee—Loans to child care facilities. The child care facility fund committee is authorized, upon application, to use the child care facility fund to guarantee loans made to persons, businesses, or organizations to start a licensed child care facility, or to make capital improvements in an existing licensed child care facility. (1) Loan guarantees shall be awarded on a one-time only basis, and shall not be awarded for loans to cover operating expenses beyond the first three months of business. (2) The total aggregate amount of the loan guarantee awarded to any applicant may not exceed twenty-five thousand dollars and may not exceed eighty percent of the loan. (3) The total aggregate amount of guarantee from the child care facility fund, with respect to the guaranteed portions of loans, may not exceed at any time an amount equal to five times the balance in the child care facility fund. [ 1989 c 430 s 6.] NOTES: Legislative findings— RCW 43.31.512 Child care facility fund committee—Loans or grants to individuals, businesses, or organizations. The child care facility fund committee shall award loan guarantees, loans or grants to those persons, businesses, or organizations meeting the minimum standards set forth in this chapter who will best serve the intent of the chapter to increase the availability of high quality, affordable child care in Washington state. The committee shall promulgate rules regarding the application for and disbursement of loan guarantees, loans, or grants from the fund, including loan terms and repayment procedures. At a minimum, such rules shall require an applicant to submit a plan which includes a detailed description of: (1) The need for a new or improved child care facility in the area served by the applicant; (2) The steps the applicant will take to serve a reasonable number of children with disabilities, sick children, infants, children requiring nighttime or weekend care, or children whose costs of care are subsidized by government; (3) Why financial assistance from the state is needed to start or improve the child care facility; (4) How the guaranteed loan, loan, or grant will be used, and how such uses will meet the described need; (5) The child care services to be available at the facility and the capacity of the applicant to provide those services; and (6) The financial status of the applicant, including other resources available to the applicant which will ensure the continued viability of the facility and the availability of its described services. Recipients shall annually for two years following the receipt of the loan guarantee, loan, or grant, submit to the child care facility fund committee a report on the facility and how it is meeting the child care needs for which it was intended. [ 2020 c 274 s 23; 1989 c 430 s 7.] NOTES: Legislative findings— RCW 43.31.514 Child care facility fund committee—Grants, repayment requirements. Where the child care facility fund committee makes a grant to a person, organization, or business, the grant shall be repaid to the child care facility fund if the child care facility using the grant to start or expand ceases to provide child care earlier than the following time periods from the date the grant is made: (1) Twelve months for a grant up to five thousand dollars; (2) twenty-four months for a grant over five thousand dollars up to ten thousand dollars; (3) thirty-six months for a grant over ten thousand dollars up to fifteen thousand dollars; (4) forty-eight months for a grant over fifteen thousand dollars up to twenty thousand dollars; and (5) sixty months for a grant over twenty thousand dollars up to twenty-five thousand dollars. [ 1989 c 430 s 8.] NOTES: Legislative findings— RCW 43.31.545 Recycled materials and products—Market development. The department is the lead state agency to assist in establishing and improving markets for recyclable materials generated in the state. [ 1991 c 319 s 210; 1989 c 431 s 64.] RCW 43.31.565 Early learning facilities grant and loan program—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.31.569 through 43.31.583: (1) "Department" means the department of commerce. (2) "Director" means the director of commerce. (3) "Early learning facility" means a facility providing regularly scheduled care for a group of children one month of age through 12 years of age for periods of less than 24 hours. (4) "Tribal compact school" means a state-tribal education compact school subject to chapter 28A.715 RCW. [ 2025 c 21 s 1; 2021 c 130 s 4; 2017 3rd sp.s. c 12 s 3.] NOTES: Findings— RCW 43.31.569 Early learning facilities grant and loan program—Early learning facilities revolving account—Early learning facilities development account. (1)(a) The early learning facilities revolving account is created in the state treasury. (b) Revenues to the early learning facilities revolving account shall consist of appropriations by the legislature, early learning facilities grant and loan repayments, taxable bond proceeds, and all other sources deposited in the account. (c) Expenditures from the account shall be used, in combination with other private and public funding, for: (i) State matching funds for the planning, renovation, purchase, and construction of early learning facilities as established in RCW 43.31.573 through 43.31.583 and 43.84.092; and (ii) emergency grants for eligible organizations. (d) Expenditures from the account are subject to appropriation and the allotment provisions of chapter 43.88 RCW. (e) The early learning facilities revolving account shall be known as the Ruth LeCocq Kagi early learning facilities revolving account. (2)(a) The early learning facilities development account is created in the state treasury. (b) Revenues to the early learning facilities development account shall consist of tax exempt bond proceeds. (c) Expenditures from the account shall be used for the planning, renovation, purchase, and construction of early learning facilities as established in RCW 43.31.573 through 43.31.583 and 43.84.092. (d) Expenditures from the account are subject to appropriation and the allotment provisions of chapter 43.88 RCW. (e) The early learning facilities development account shall be known as the Ruth LeCocq Kagi early learning facilities development account. [ 2025 c 21 s 2; 2021 c 130 s 3; 2017 3rd sp.s. c 12 s 4.] NOTES: Findings— RCW 43.31.571 Early learning facilities grant and loan program—Oversight, in consultation with the department of children, youth, and families—Head state agency—Use of funds. (1) The department, in consultation with the department of children, youth, and families, shall oversee the early learning facilities revolving account and the early learning facilities development account, and is the lead state agency for the early learning facilities grant and loan program. (2) It is the intent of the legislature that state funds invested in the accounts be matched by private or local government funding whenever feasible. Every effort may be made to maximize funding available for early learning facilities from public schools, community colleges, educational service districts, local governments, and private funders. (3) Amounts used for program administration by the department may not exceed an average of four percent of the appropriated funds. (4) The department is encouraged to leverage private and public match funds when feasible and may not require match funds for applicants experiencing financial hardship. The department may not consider the level of project match funds as a competitive criterion when selecting or recommending projects for funding. Private or public match funds may consist of cash, equipment, land, buildings, or like-kind. [ 2025 c 21 s 3; 2018 c 58 s 5; 2017 3rd sp.s. c 12 s 5.] NOTES: Effective date— RCW 43.31.573 Early learning facilities grant and loan program—State matching funds for grants or loans—Emergency grants—Participation by nongovernmental private-public partnerships—Monitoring performance. (1) The department must expend moneys from the early learning facilities revolving account: (a) To provide state matching funds for early learning facilities grants or loans to provide classrooms necessary for children to participate in the early childhood education and assistance program and working connections child care; and (b) for emergency grants for eligible organizations as identified in this chapter. (2) The department must expend moneys from the early learning facilities development account for early learning facilities grants to provide classrooms necessary for children to participate in the early childhood education and assistance program and working connections child care. (3) Funds expended from the accounts as specified in subsections (1) and (2) of this section may fund projects only for: (a) Eligible organizations identified in RCW 43.31.575; (b) School districts; and (c) Tribal compact schools. (4) The department shall: (a) In consultation with the office of the superintendent of public instruction, implement and administer the early learning facilities grant and loan program for school districts and tribal compact schools as described in RCW 43.31.579(3) and 43.31.581(1); and (b) Contract with one or more nongovernmental private-public partnerships that are certified by the community development financial institutions fund to: (i) Implement and administer grants and loans funded through the early learning facilities revolving account or for a grant funded through the early learning facilities development account, for eligible organizations; and (ii) subject to the availability of amounts appropriated for this specific purpose, award and administer emergency project grants on an ongoing basis to eligible organizations. (A) Emergency projects are projects that are made necessary by a natural disaster or another immediate health or safety threat resulting from unforeseen circumstances. Emergency projects may include the construction, repair, reconstruction, replacement, rehabilitation, or other improvements to early learning facilities that are necessary to restore a safe and healthy early learning environment, preserve existing capacity, or to mitigate situations that obstruct children's access to early learning. (B) The grant administrator must adopt policies and procedures to ensure that funding from emergency grants does not duplicate payments resulting from insurance proceeds or other payment from any other source. The grant administrator may receive administrative costs associated with conducting application processes, managing contracts, and providing technical assistance for emergency project grants. (5) Any nongovernmental private-public partnership that is certified by the community development financial institutions fund that is seeking early learning fund resources must demonstrate an ability to raise funding from private and other public entities for early learning facilities construction projects. (6) The department may allow the application of an eligible organization for a grant or loan from the early learning facilities revolving account or for a grant from the early learning facilities development account created in RCW 43.31.569 to be considered without the involvement of the nongovernmental private-public partnership that is certified by the community development financial institutions fund if a nongovernmental private-public partnership certified by the community development financial institutions fund is not reasonably available to the location of the proposed facility or if the eligible organization has sufficient ability and capacity to proceed with a project absent the involvement of a nongovernmental private-public partnership that is certified by the community development financial institutions fund. (7) The department shall monitor performance of the early learning facilities grant and loan program. Any nongovernmental private-public partnership that is certified by the community development financial institutions fund receiving state funds for purposes of this section and RCW 43.31.577 and 43.31.579, shall provide reports by July 1st of each year, to the department. The reports must include, but are not limited to, the following: (a) A list of projects funded through the early learning facilities grant and loan program for eligible organizations to include: (i) Name; (ii) Location; (iii) Grant or loan amount; (iv) Private match amount; (v) Public match amount; (vi) Number of early learners served; and (vii) Other elements as required by the department; (b) A demonstration of sufficient investment of private match funds; and (c) A description of how the projects met the criteria described in RCW 43.31.581. [ 2025 c 21 s 4; 2017 3rd sp.s. c 12 s 6.] NOTES: Findings— RCW 43.31.574 Early learning facilities grant and loan program—Collocation with affordable or supportive housing—State funding. For early learning facilities collocated with affordable or supportive housing developments, the department may remit state funding on a reimbursement basis for 90 percent of eligible project costs, regardless of the project's match amount, once the nonstate share of project costs have been either expended or firmly committed in an amount sufficient to complete the entire project or a distinct phase of the project that is useable to the public as an early learning facility. During the 2025-2027 fiscal biennium, the department may remit state funding on a reimbursement basis for 100 percent of eligible project costs. Eligible housing developments are projects that have received public funding and have secured enough funding to complete construction of the project that will result in a certificate of occupancy to open the affordable housing development, including the early learning facility. [ 2025 c 414 s 8045; 2024 c 230 s 2.] NOTES: Effective date— RCW 43.31.575 Early learning facilities grant and loan program—Eligible organizations—Requirements. (1) Organizations eligible to receive funding from the early learning facilities grant and loan program include: (a) Early childhood education and assistance program providers; (b) Working connections child care providers who are eligible to receive state subsidies; (c) Licensed early learning centers not currently participating in the early childhood education and assistance program, but intending to do so; (d) Developers of housing and community facilities; (e) Community and technical colleges; (f) Educational service districts; (g) Local governments; (h) Federally recognized tribes in the state; and (i) Religiously affiliated entities. (2) To be eligible to receive funding from the early learning facilities grant and loan program for activities described in RCW 43.31.577 (1) (b), (c), and (d) and (2), eligible organizations, school districts, and tribal compact schools must: (a) Commit to being an active participant in good standing with the early achievers program as defined by chapter 43.216 RCW; and (b) Demonstrate that projects receiving construction, purchase, or renovation grants or loans must also: (i) Demonstrate that the project site is under the applicant's control for a minimum of 10 years, either through ownership or a long-term lease; and (ii) Commit to using the facility funded by the grant or loan for the purposes of providing preschool or child care for a minimum of 10 years. (3) To be eligible to receive funding from the early learning facilities grant and loan program for activities described in RCW 43.31.577 (1) (b), (c), and (d) and (2), religiously affiliated entities must use the facility to provide child care and education services consistent with subsection (4)(a) of this section. (4)(a) Upon receiving a grant or loan, the recipient must continue to be an active participant and in good standing with the early achievers program. (b) If the recipient does not meet the conditions specified in (a) of this subsection, the grants shall be repaid to the early learning facilities revolving account or the early learning facilities development account, as directed by the department. So long as an eligible organization continues to provide an early learning program in the facility, the facility is used as authorized, and the eligible organization continues to be an active participant and in good standing with the early achievers program, the grant repayment is waived. [ 2025 c 21 s 5; 2024 c 230 s 3; 2021 c 130 s 2; 2018 c 58 s 18; 2017 3rd sp.s. c 12 s 7.] NOTES: Effective date— RCW 43.31.577 Early learning facilities grant and loan program—Eligible activities. (1) Activities eligible for funding through the early learning facilities grant and loan program for eligible organizations include: (a) Facility predesign grants or loans to allow eligible organizations to secure professional services or consult with organizations certified by the community development financial institutions fund to plan for and assess the feasibility of early learning facilities projects or receive other technical assistance to design and develop projects for construction funding; (b) Grants or loans for predevelopment activities to advance a proposal from planning to major construction or renovation; (c) Grants or loans for renovations or repairs of existing early learning facilities; (d) Major construction and renovation grants or loans and grants or loans for facility purchases to create or expand early learning facilities, including those that increase early childhood education and assistance program capacity by supporting conversion of slots from part day to full day or extended day, or conversion of full day to extended day, as defined in RCW 43.216.010; (e) Emergency project grants as provided in RCW 43.31.573; and (f) Administration costs associated with conducting application processes, managing contracts, translation services, and providing technical assistance. (2) For grants or loans awarded under subsection (1)(c) and (d) of this section, the department must prioritize applications for facilities that are ready for construction. (3) Activities eligible for funding through the early learning facilities grant and loan program for school districts and tribal compact schools include major construction, purchase, and renovation grants or loans to create or expand early learning facilities that received priority and ranking as described in RCW 43.31.581. [ 2025 c 21 s 6; 2024 c 230 s 1; 2023 c 474 s 8031; 2021 c 130 s 1; 2017 3rd sp.s. c 12 s 8.] NOTES: Effective date— RCW 43.31.579 Early learning facilities grant and loan program—Private or local government matching funding—Ranked and prioritized list of projects. (1) It is the intent of the legislature that state funds invested in the early learning facilities grant and loan program be matched by private or local government funding whenever feasible. Every effort may be made to maximize funding available for early learning facilities from public schools, community colleges, educational service districts, local governments, and private funders. (2) In the administration of the early learning facilities grant and loan program for eligible organizations, any nongovernmental private-public partnership that is certified by the community development financial institutions fund contracted with the department shall award grants or loans as described in RCW 43.31.577 and 43.31.573, that meet the criteria described in RCW 43.31.581 or 43.31.573, through an application process or in compliance with state and federal requirements of the funding source. (3) In the administration of the early learning facilities grant and loan program for school districts and tribal compact schools, the department, in coordination with the office of the superintendent of public instruction, shall submit a ranked and prioritized list of proposed purchases and major construction or renovation of early learning facilities projects for school districts and tribal compact schools subject to the prioritization methodology described in RCW 43.31.581 to the office of financial management and the relevant legislative committees by September 15th of even-numbered years. [ 2025 c 21 s 7; 2017 3rd sp.s. c 12 s 9.] NOTES: Findings— RCW 43.31.581 Early learning facilities grant and loan program—Committee of facilities experts—Advice regarding prioritization methodology—Liability insurance. (1) The department shall convene a committee of early learning facilities experts to advise the department regarding the prioritization methodology of applications for projects described in RCW 43.31.577 including no less than one representative each from the department of children, youth, and families, the Washington state housing finance commission, an organization certified by the community development financial institutions fund, and the office of the superintendent of public instruction. (2) When developing a prioritization methodology under this section, the committee shall consider, but is not limited to: (a) Projects that add early childhood education and assistance program slots in areas with the highest unmet need or increase capacity by supporting conversion of slots from part day to full day or extended day, or conversion of full day to extended day, as defined in RCW 43.216.010; (b) Projects benefiting low-income children; (c) Projects located in low-income neighborhoods; (d) Projects that provide more access to the early childhood education and assistance program as a ratio of the children eligible to participate in the program; (e) Projects that are geographically disbursed relative to statewide need; (f) Projects that include new or renovated kitchen facilities equipped to support the use of from scratch, modified scratch, or other cooking methods that enhance overall student nutrition; and (g) Projects that balance mixed-use development and rural locations. (3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060. (4) Committee members are not liable to the state, the early learning facilities revolving account, the early learning facilities development account, or to any other person, as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violation of the law. (5) The department may purchase liability insurance for members and may indemnify these persons against the claims of others. [ 2025 c 21 s 8; 2018 c 58 s 17; 2017 3rd sp.s. c 12 s 10.] NOTES: Effective date— RCW 43.31.583 Early learning facilities grant and loan program—Report. When funding is provided in the previous biennium, the department, in collaboration with the department of children, youth, and families, shall submit a report no later than December 1st of even-numbered years, to the governor and the appropriate committees of the legislature that provides an update on the status of the early learning facilities grant and loan program that includes, but is not limited to: (1) The total amount of funds, by grant and loan, spent or contracted to be spent; and (2) A list of projects awarded funding including, but not limited to, information about whether the project is a renovation or new construction or some other category, where the project is located, and the number of slots the project supports. [ 2018 c 58 s 16; 2017 3rd sp.s. c 12 s 11.] NOTES: Effective date— RCW 43.31.585 Early learning facilities grant and loan program—Rule making. The department may adopt rules to implement RCW 43.31.565 through 43.31.583. [ 2025 c 21 s 9.] RCW 43.31.605 Landlord mitigation program—Department to administer and have rule-making authority—Claims—Eligibility for reimbursement—Review—Damages—Inspection—Landlords prohibited from certain acts—Denial of reimbursement—Department to establish website—Liability—Report, recommendations. (1) Subject to the availability of funds for this purpose, the landlord mitigation program is created and administered by the department. The department shall have such rule-making authority as the department deems necessary to administer the program. The following types of claims related to landlord mitigation are eligible for reimbursement from the landlord mitigation program account: (a) Claims relating to renting private market rental units to low-income tenants using a housing subsidy program for: (i) Up to one thousand dollars for improvements identified in RCW 59.18.255(1)(a). In order to be eligible for reimbursement under this subsection (1)(a)(i), the landlord must pay for the first five hundred dollars for improvements, and rent to the tenant whose housing subsidy program was conditioned on the real property passing inspection. Reimbursement under this subsection (1)(a)(i) may also include up to fourteen days of lost rental income from the date of offer of housing to the applicant whose housing subsidy program was conditioned on the real property passing inspection until move in by that applicant; (ii) Reimbursement for damages as reflected in a judgment obtained against the tenant through either an unlawful detainer proceeding, or through a civil action in a court of competent jurisdiction after a hearing; (iii) Reimbursement for damages established pursuant to subsection (2) of this section; and (iv) Reimbursement for unpaid rent and unpaid utilities, provided that the landlord can evidence it to the department's satisfaction. (b) Claims related to landlord mitigation for an unpaid judgment for rent, unpaid judgments resulting from the tenant's failure to comply with an installment payment agreement identified in RCW 59.18.610, late fees, attorneys' fees, and costs after a court order pursuant to RCW 59.18.410(3), including any unpaid portion of the judgment after the tenant defaults on the payment plan pursuant to RCW 59.18.410(3)(c), are eligible for reimbursement from the landlord mitigation program account and are exempt from any postjudgment interest required under RCW 4.56.110. Any claim for reimbursement made pursuant to RCW 59.18.410(3)(e)(ii) must be accompanied by a court order staying the writ of restitution pursuant to RCW 59.18.410(3). Any claim for reimbursement under this subsection (1)(b) is not an entitlement. (i) The department shall provide for a form on its website for tenants and landlords to apply for reimbursement funds for the landlord pursuant to this subsection (1)(b). (ii) The form must include: (A) Space for the landlord and tenant to provide names, mailing addresses, phone numbers, date of birth for the tenant, and any other identifying information necessary for the department to process payment; (B) the landlord's statewide vendor identification number and how to obtain one; (C) name and address to whom payment must be made; (D) the amount of the judgment with instructions to include any other supporting documentation the department may need to process payment; (E) instructions for how the tenant is to reimburse the department under (b)(iii) of this subsection; (F) a description of the consequences if the tenant does not reimburse the department as provided in this subsection (1)(b); (G) a signature line for the landlord and tenant to confirm that they have read and understood the contents of the form and program; and (H) any other information necessary for the operation of the program. If the tenant has not signed the form after the landlord has made good faith efforts to obtain the tenant's signature, the landlord may solely submit the form but must attest to the amount of money owed and sign the form under penalty of perjury. (iii) When a landlord has been reimbursed pursuant to this subsection (1)(b), the tenant for whom payment was made shall reimburse the department by depositing the amount disbursed from the landlord mitigation program account into the court registry of the superior court in which the judgment was entered. The tenant or other interested party may seek an ex parte order of the court under the unlawful detainer action to order such funds to be disbursed by the court. Upon entry of the order, the court clerk shall disburse the funds and include a case number with any payment issued to the department. If directed by the court, a clerk shall issue any payments made by a tenant to the department without further court order. (iv) The department may deny an application made by a tenant who has failed to reimburse the department for prior payments issued pursuant to this subsection (1)(b). (v) With any disbursement from the account to the landlord, the department shall notify the tenant at the address provided within the application that a disbursement has been made to the landlord on the tenant's behalf and that failure to reimburse the account for the payment through the court registry may result in a denial of a future application to the account pursuant to this subsection (1)(b). The department may include any other additional information about how to reimburse the account it deems necessary to fully inform the tenant. (vi) The department's duties with respect to obtaining reimbursement from the tenant to the account are limited to those specified within this subsection (1)(b). (vii) If at any time funds do not exist in the landlord mitigation program account to reimburse claims submitted under this subsection (1)(b), the department must create and maintain a waitlist and distribute funds in the order the claims are received pursuant to subsection (6) of this section. Payment of any claims on the waitlist shall be made only from the landlord mitigation program account. The department shall not be civilly or criminally liable and may not have any penalty or cause of action of any nature arise against it regarding the provision or lack of provision of funds for reimbursement. (c)(i) Claims related to unpaid rent for: (A) Up to $15,000 in unpaid rent that accrued between March 1, 2020, and six months following the expiration of the eviction moratorium and the tenant being low-income, limited resourced or experiencing hardship, voluntarily vacated or abandoned the tenancy; or (B) Up to $15,000 in remaining unpaid rent if a tenant defaults on a repayment plan entered into under RCW 59.18.630 are eligible for reimbursement from the landlord mitigation program account subject to the program requirements under this section, provided the tenancy has not been terminated at the time of reimbursement. (ii) A landlord is ineligible for reimbursement under this subsection (1)(c) where the tenant vacated the tenancy because of an unlawful detainer action under RCW 59.12.030(3). (iii) A landlord in receipt of reimbursement from the program pursuant to this subsection (1)(c) is prohibited from: (A) Taking legal action against the tenant for damages or any remaining unpaid rent accrued between March 1, 2020, and six months following the expiration of the eviction moratorium attributable to the same tenancy; or (B) Pursuing collection, or authorizing another entity to pursue collection on the landlord's behalf, of a judgment against the tenant for damages or any remaining unpaid rent accrued between March 1, 2020, and six months following the expiration of the eviction moratorium attributable to the same tenancy. (d)(i) Claims, up to $5,000, related to landlord mitigation for damages to rental property when: (A) A tenant has terminated a rental agreement pursuant to RCW 59.18.575; (B) The property has sustained damage beyond wear resulting from ordinary use of the premises; (C) The landlord has, within the time limits specified in RCW 59.18.280, provided the tenant with a full and specific statement; (D) The landlord has, rather than retaining any of the damage deposit, returned the full damage deposit to the tenant; and (