Title 133 WAC — Commerce, Department of (Community Economic Revitalization Board)

Chapter 133-10 General provisions.

Wash. Admin. Code § 133-10-010 Organization and operation of the community economic revitalization board.

(1) The community economic revitalization board, hereinafter referred to as the board, is a twenty member board created pursuant to section 3, chapter 40, Laws of 1982 1st ex. sess. and RCW 43.160.030.

(2) Pursuant to RCW 43.160.030, membership consists of: Twelve members appointed by the director of the department of commerce, four members appointed by legislative leadership: One member of the two major caucuses of the house of representatives and the senate, or designee, and four nonvoting ex-officio members consisting of the director or designee of: Department of revenue, employment security department, and department of transportation.

(3) Voting members appointed by the department of commerce serve three-year terms.

(4) The chair of the board is appointed by the director of the department of commerce.

(5) The board may elect such other officers for such terms as it may from time to time deem necessary, in accordance with the board's policies.

(6) The board's staff and office space is provided by the department of commerce, P.O. Box 42525, Olympia, Washington 98504-2525; phone 360-725-3151.

(7) The community economic revitalization board is a unique statewide economic development resource. The board provides awards that help communities to:

(a) Respond rapidly to immediate business siting and expansion needs;

(b) Build feasible industrial sites for future business development;

(c) Target expansions in manufacturing, food processing, assembly, warehousing, industrial distribution, advanced technology, and other key sectors; and

(d) Spur creation and retention of higher wage jobs.

(8) The board provides low-interest loans (and in unique circumstances, grants) to help finance the local public infrastructure necessary to develop or retain stable business and industrial activity in furtherance of economic development. These improvements include industrial water, general-purpose industrial buildings and port facilities, sanitary and storm sewers, industrial wastewater treatment facilities, railroad spurs, telecommunications (broadband), electricity, natural gas, roads, and bridges.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-10-010, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-089, § 133-10-010, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-10-010, filed 5/2/83.

Wash. Admin. Code § 133-10-020 Board meetings.

(1) Regular meetings of the board are held on the third Thursday of January, March, May, July, September and November commencing at 9:00 a.m. Notice of the times and places of the regular meetings will be published annually in a January edition of the Washington State Register. The meeting schedule is published on the board's website biennially.

(2) Special meetings of the board can be called at any time by the board. Notice of such meetings will be as provided by law.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-10-020, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-089, § 133-10-020, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-10-020, filed 5/2/83.

Wash. Admin. Code § 133-10-030 Communications with the board.

Any and all written communications with the board including, but not limited to, requests for information or copies of agency records, or submittals of any nature, shall be addressed to the community economic revitalization board, in care of the chair, at the address which appears in WAC 133-10-010 (6).

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-10-030, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-089, § 133-10-030, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-10-030, filed 5/2/83.

Chapter 133-20 Public records.

Wash. Admin. Code § 133-20-010 Purpose.

The purpose of this chapter shall be to insure the compliance by the community economic revitalization board with state public records law chapter 42.56 RCW et seq.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-010, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-010, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-010, filed 5/2/83.

Wash. Admin. Code § 133-20-020 Definitions.

The following definitions shall apply to this chapter:

(1) "Board" means the community economic revitalization board, created pursuant to chapter 43.160 RCW, and shall also refer to the board's officers and staff, where appropriate.

(2) "Department" means the department of commerce.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-020, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-020, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-020, filed 5/2/83.

Wash. Admin. Code § 133-20-030 Public records available.

All public records of the board are deemed to be available for public inspection and copying, except as otherwise provided by RCW 42.56.070 and 42.56.210, as now or may hereafter be amended by WAC 133-20-090.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-030, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-20-030, filed 5/2/83.

Wash. Admin. Code § 133-20-040 Public records officer.

The board shall appoint a public records officer who shall be responsible for implementing the board's rules regarding disclosure of public records, coordination of staff in this regard, and generally coordinating compliance by the staff and board with public records disclosure requirements per RCW 42.56.580.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-040, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-040, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-040, filed 5/2/83.

Wash. Admin. Code § 133-20-050 Records index.

The board will maintain and make available for public inspection and copying an index in accordance with RCW 42.56.070(5).

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-050, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-20-050, filed 5/2/83.

Wash. Admin. Code § 133-20-060 Office hours.

Public records shall be available for inspection and copying during the department's normal office hours. For purposes of this chapter, normal office hours shall be from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

History

• Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-060, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-060, filed 5/2/83.

Wash. Admin. Code § 133-20-070 Requests for public records.

(1) Any person wishing to inspect or copy public records of the board may submit the request in writing to the board, attn: Public Disclosure Officer or via email at ChairCERBBoard@commerce.wa.gov. The request should include the following information:

(a) Name of requestor;

(b) Address of requestor;

(c) Other contact information, including telephone number and email address;

(d) Identification of the public records sought adequate for the public disclosure officer to locate the records; and

(e) The date and time of day of the request.

(2) The public disclosure officer may accept public records requests by telephone or in person during the board's normal business hours. However, the requesting party may be asked to submit the request in writing or the public disclosure officer may confirm receipt of the request and restate the substance of the request in writing.

(3) Nothing in this chapter shall be construed to require the board to compile statistics or other information from material contained in public records where doing so would unduly interfere with other essential functions of the board and is not required for litigation by rules of pretrial discovery.

(4) Requests must be for identifiable records. A request for all, or substantially all, of the board's public records is not a valid request.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-070, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-20-070, filed 5/2/83.

Wash. Admin. Code § 133-20-080 Copying.

No fee shall be charged for the inspection of public records. The board may charge a fee of $.15 per page for providing copies of public records, when copies of more than ten pages are provided, and for use of the department's copy equipment. This charge is the amount necessary to reimburse the department for its actual costs incident to such copying.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-080, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-20-080, filed 5/2/83.

Wash. Admin. Code § 133-20-090 Exemptions.

(1) The board reserves the right to determine that a public record requested is exempt, in whole or in part, under the provisions of chapter 42.56 RCW or other applicable provisions of law.

(2) In addition, there are exemptions outside the Public Records Act that restrict the availability of some documents held by the department for inspection and copying.

(3) All denials of requests for public records shall be accompanied by a written statement specifying the reason for the denial.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-090, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-20-090, filed 5/2/83.

Wash. Admin. Code § 133-20-100 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for public records may petition for prompt review of such decision by submitting a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Following receipt of a written request for review of a decision denying a request for public records, the public records officer or other authorized staff member denying the request shall refer it to the executive committee. The executive committee shall immediately consider the matter and either affirm or reverse such denial. The request shall be returned with the final decision within two business days following receipt of the request for review.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-100, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-086, § 133-20-100, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-20-100, filed 5/2/83.

Wash. Admin. Code § 133-20-110 Protection of public records.

(1) No person shall knowingly alter, deface, or destroy public records of the board.

(2) Original copies of public records of the board shall not be removed from the premises where maintained.

(3) Care and safekeeping of public records furnished pursuant to a request for inspection or copying shall be the sole responsibility of the requestor.

(4) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-20-110, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-20-110, filed 5/2/83.

Chapter 133-40 Public facility loans and grants.

Wash. Admin. Code § 133-40-010 Purpose.

(1) Pursuant to chapter 43.160 RCW, the community economic revitalization board may, in its discretion, provide low-interest loans (and in unique circumstances, grants) to help finance the local public economic development infrastructure necessary to develop or retain stable business and industrial activity.

(2) The purpose of this chapter is to prescribe the form and manner in which local governments and federally recognized Indian tribes may make application to the board for funding assistance.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-40-010, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-088, § 133-40-010, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-40-010, filed 5/2/83.

Wash. Admin. Code § 133-40-020 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the community economic revitalization board.

(2) "Local government" means any port district, county, city, town, special purpose district, and any other municipal corporations or quasi-municipal corporations in the state.

(3) "Public infrastructure and planning" or "public economic development infrastructure" means a project of a local government or a federally recognized Indian tribe for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of: Bridges; roads; research, testing, training, and incubation facilities in areas designated as innovation partnership zones under RCW 43.330.270; buildings or structures; domestic and industrial water, earth stabilization, sanitary sewer, storm sewer, railroad, electricity, telecommunications (broadband), transportation, natural gas, and port facilities; all for the purpose of job creation, job retention, or job expansion.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-40-020, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-088, § 133-40-020, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-40-020, filed 5/2/83.

Wash. Admin. Code § 133-40-030 Loan and grant applications.

(1) Applications for funding to assist in financing public infrastructure and planning costs may be made by any local government and federally recognized Indian tribe of the state of Washington.

(2) Applications shall be submitted to the board in writing, on forms provided by the board, forty-five to sixty days prior to the next board meeting.

(3) Any application for funding assistance submitted to the board shall submit a signed resolution of the governing body of the applicant approving the submittal of the application. The applicant shall also provide the board with any additional materials or information in support of the application which the board or its staff may request, either prior to or at the board's consideration of the application.

(4) Once the application has passed a threshold review, staff will work with the applicant to vet the application and the project. Staff will write a staff recommendation to be submitted to the board.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-40-030, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-088, § 133-40-030, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 84-21-124 (Order 84-1), § 133-40-030, filed 10/24/84
• WSR 83-10-041 (Order 83-1), § 133-40-030, filed 5/2/83.

Wash. Admin. Code § 133-40-040 Board deliberations.

(1) The board will consider and approve, in whole or in part, or disapprove, all applications for funding assistance at regular or special meetings of the board as it may determine.

(2) Applicants are required to attend the board meeting at which their project is being considered. For committed private partner applications, the committed private partner identified in the application is also required to attend. RCW 43.160.060 (2)(i).

(3) Attendance under extreme hardship circumstances, approved by the chair, could include electronic attendance.

(4) Applicants will be formally notified in writing regarding any board funding decisions.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-40-040, filed 3/16/20, effective 4/16/20. Statutory Authority: Chapter 43.160 RCW. WSR 95-24-088, § 133-40-040, filed 12/5/95, effective 1/5/96. Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-40-040, filed 5/2/83.

Wash. Admin. Code § 133-40-050 Loan and grant contracts—Terms.

(1) Upon project approval by the board, an initial offer of funding assistance will be sent to the award recipient. The initial offer must be signed by the recipient by the date stated in the initial offer. If the initial offer is not signed within this time period, it will be assumed that the award recipient has chosen to withdraw from the project.

(2) Prior to execution of a final contract, the award recipients must meet precontract conditions as stated in the initial offer of funding assistance. The award recipient must have all precontract conditions fulfilled within the time period specified in the initial offer of funding assistance.

(3) If an extension of time to meet the precontract conditions is necessary, the award recipient may make a request in writing at least three weeks prior to the precontract conditions due date.

(4) Once CERB funds have been committed to a project and precontract conditions have been met, the board will execute a contract with the award recipient.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-40-050, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-40-050, filed 5/2/83.

Wash. Admin. Code § 133-40-060 Requests for reconsideration.

(1) Any local government or federally recognized Indian tribe whose governing body disagrees with the terms and conditions of the funding offered by the board may request the board in writing to reconsider, amend or modify its offer.

(2) Any local government or federally recognized Indian tribe whose application for funding assistance was denied in whole or in part by the board, may petition the board in writing, within fifteen days of notification, to reconsider its decision. Such requests for reconsideration will only be considered with new or additional information in support of the application that was not available to the board during its initial consideration.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-40-060, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-40-060, filed 5/2/83.

Chapter 133-50 Compliance with State Environmental Policy Act.

Wash. Admin. Code § 133-50-010 Purpose.

The purpose of this chapter is to comply with RCW 43.21C.120, which requires all agencies of government in the state of Washington, consistent with the rules and guidelines adopted under RCW 43.21C.110, to adopt rules pertaining to the integration of policies and procedures of the State Environmental Policy Act of 1971, into the various programs under their jurisdiction for implementation.

History

• Statutory Authority: RCW 43.116.050(8) [43.160.050(8)]. WSR 83-10-041 (Order 83-1), § 133-50-010, filed 5/2/83.

Wash. Admin. Code § 133-50-020 Statement.

As a precontract condition the board requires all construction award recipients to attest that the local government or federally recognized Indian tribe has complied with the provisions of the State Environmental Protection Act (SEPA, chapter 43.21C RCW) as applicable. The board provides the attestment for the award recipient.

History

• Statutory Authority: RCW 43.160.050(8). WSR 20-07-074, § 133-50-020, filed 3/16/20, effective 4/16/20
• WSR 83-10-041 (Order 83-1), § 133-50-020, filed 5/2/83.