Title 399 WAC — Commerce, Department of (Public Works Board)

Chapter 399-10 General provisions.

Wash. Admin. Code § 399-10-010 Organization and operation of the public works board.

(1) The public works board is a thirteen-member board appointed by the governor under RCW 43.155.030.

(2) The governor appoints one of the general public members as chair. The board may elect other officers for terms deemed necessary.

(3) The department of commerce provides staff support and office space to the board.

(4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-10-010, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-10-010, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040(5). WSR 01-09-014, § 399-10-010, filed 4/6/01, effective 5/7/01. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-10-010, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 95-11-093, § 399-10-010, filed 5/19/95, effective 6/19/95
WSR 93-22-014, § 399-10-010, filed 10/26/93, effective 11/26/93. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-10-010, filed 12/4/85.

Wash. Admin. Code § 399-10-015 General powers of the board.

The board may:

(1) Accept from any state or federal agency, loans or grants for the planning or financing of any public works project and enter into agreements with any such agency concerning the loans or grants;

(2) Provide technical assistance to local governments;

(3) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter;

(4) Develop a program that provides grants and additional assistance to leverage federal programs, and other opportunities to target deeper financial assistance to communities with economic distress or projects that would result in rate increases to residential utility rates that exceed a determined percentage of median household income;

(5) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

(6) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-10-015, filed 2/3/20, effective 3/5/20.

Wash. Admin. Code § 399-10-020 Board meetings.

(1) The board holds regular meetings on the first Friday of each month. In the month of October meetings are held on the first Thursday and Friday. The board may choose to cancel or move regular meetings and notice of any changes will be as provided by law.

(2) Notice of the times and places of the regular meetings will be published annually in a January edition of the Washington State Register. A copy of the schedule of regular meetings may also be obtained upon request from the board.

(3) Special meetings of the board may be called at any time by the chair of the board or by a majority of the board members. Notice of such meetings will be as provided by law.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-10-020, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-10-020, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-10-020, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 93-22-014, § 399-10-020, filed 10/26/93, effective 11/26/93. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-10-020, filed 12/4/85.

Wash. Admin. Code § 399-10-030 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, must be addressed to the public works board, in care of:

Executive Director

Public Works Board

P.O. Box 42525

Olympia, WA 98504-2525

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-10-030, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-10-030, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-10-030, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 93-22-014, § 399-10-030, filed 10/26/93, effective 11/26/93. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-10-030, filed 12/4/85.

Chapter 399-20 Public records.

Wash. Admin. Code § 399-20-010 Purpose.

This chapter is intended to ensure that the board complies with chapter 42.56 RCW, the Public Records Act, especially RCW 42.56.030 through 42.56.230 and RCW 42.56.510 through 42.56.580, which address disclosure of public records.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-20-010, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-010, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-010, filed 12/4/85.

Wash. Admin. Code § 399-20-020 Definitions.

The following definitions shall apply to this chapter:

(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

(3) "Board" means the public works board, created in chapter 43.155 RCW, and also refers to the board's officers and staff, where appropriate.

(4) "Department" means the department of commerce, and shall refer to the department's staff, where appropriate.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-20-020, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-20-020, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-020, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 95-11-093, § 399-20-020, filed 5/19/95, effective 6/19/95. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-020, filed 12/4/85.

Wash. Admin. Code § 399-20-030 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 hereafter amended, and by WAC 399-20-090.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-20-030, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-030, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-030, filed 12/4/85.

Wash. Admin. Code § 399-20-040 Public records officer.

The board shall designate a staff member to be the public records officer. The public records officer shall be responsible for implementation of the board's rules and regulations regarding inspection and copying of public records, and for ensuring compliance by the staff with the public records disclosure requirements of chapter 42.56 RCW.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-20-040, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-040, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-040, filed 12/4/85.

Wash. Admin. Code § 399-20-060 Office hours.

Public records are available for inspection and copying from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, or closure due to natural disaster, inclement weather, or local emergency.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-20-060, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-20-060, filed 2/4/09, effective 3/7/09. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-060, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-060, filed 12/4/85.

Wash. Admin. Code § 399-20-070 Requests for public records.

The Public Records Act, chapter 42.56 RCW, requires agencies to prevent unreasonable invasions of privacy, to protect public records from damage or disorganization, and to prevent excessive interference with essential functions of the board. Therefore, members of the public may inspect, copy, or obtain copies of public records in compliance with chapter 42.56 RCW. The public records officer will assist the member of the public in appropriately identifying the public record requested.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-20-070, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-070, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-070, filed 12/4/85.

Wash. Admin. Code § 399-20-080 Copying.

No fee is charged for the inspection of public records. The board may charge a fee of fifteen cents 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.

History

Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-080, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-080, filed 12/4/85.

Wash. Admin. Code § 399-20-090 Exemptions.

(1) The public records officer will determine whether a requested record is exempt from disclosure under chapter 42.56 RCW.

(2) If a requested record is determined to be exempt in part, the public records officer will delete the exempt portions of the record before making it available for inspection or copying. The public records officer will fully justify any deletion in writing.

(3) Whenever the public records officer denies a public records request, a written statement specifying the reason for the denial shall be provided.

(4) The Public Disclosure Act requires agencies to respond promptly to requests for public records. Within five business days after receiving a public records request, the public records officer must respond by either:

(a) Providing the record;

(b) Acknowledging the request and stating a reasonable estimate of the time the board will need to respond; or

The board may require additional time to respond for reasons consistent with RCW 42.56.520.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-20-090, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-090, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-090, filed 12/4/85.

Wash. Admin. Code § 399-20-100 Review of denials of public records requests.

Agencies are required to establish a mechanism for the prompt review of decisions denying the inspection or copying of public records. In any case where a public record is denied in whole or in part the chair, or designee, shall immediately review the matter and either affirm or reverse the denial. The review is deemed complete at the end of the second business day following the denial of inspection or copying and constitutes final agency action for purposes of judicial review.

History

Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-100, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-100, filed 12/4/85.

Wash. Admin. Code § 399-20-110 Protection of public records.

To protect the board's public records any person inspecting or copying the records must comply with the following requirements:

(1) Public records may not be removed from the board's offices;

(2) Persons inspecting public records must do so in the presence of a designated board or department employee;

(3) Persons inspecting or copying public records must not mark or deface them in any manner;

(4) Public records maintained in a file jacket, or in chronological order must not be dismantled except for the purposes of copying and then only by a designated board or department employee;

(5) Only board or department employees will have access to file cabinets, shelves, vaults, or other storage areas.

History

Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-20-110, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-20-110, filed 12/4/85.

Chapter 399-30 Public works loans and pledges.

Wash. Admin. Code § 399-30-010 Purpose.

(1) The public works board provides financial assistance to local governments from the public works assistance account or other sources to assist local governments in financing public works projects. The board may also pledge money to the repayment of all or a portion of the principal or interest on obligations issued by local governments to finance public works projects.

(2) The purpose of this chapter is to describe how local governments may apply to the board for financial assistance, and to provide for the review of the applications.

(3) The public works board provides technical assistance, including training and other services provided to local governments to help such local governments plan, apply, and qualify for loans and financing guarantees from the board, and help local governments improve their ability to plan for, finance, acquire, construct, repair, replace, rehabilitate, and maintain public facilities.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-30-010, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-010, filed 11/19/98, effective 12/20/98. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-30-010, filed 12/4/85.

Wash. Admin. Code § 399-30-020 Definitions.

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

(1) "Board" means the public works board.

(2) "Capital facility plan" means a capital facility plan required by the Growth Management Act under chapter 36.70A RCW or, for local governments not fully planning under the Growth Management Act, a plan required by the public works board.

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

(4) "Financing guarantees" means the pledge of money in the public works assistance account, or money to be received by the public works assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance public works projects.

(5) "Local governments" means cities, towns, counties, special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state excluding school districts and port districts.

(6) "Public works project" means a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, water systems, storm or sanitary sewer systems, lead remediation of drinking water systems, and solid waste/recycling systems. A planning project may include the compilation of biological, hydrological, or other data on a county, drainage basin, or region necessary to develop a base of information for a capital facility plan.

(7) "Solid waste or recycling project" means remedial actions necessary to bring abandoned or closed landfills into compliance with regulatory requirements and the repair, restoration, and replacement of existing solid waste transfer, recycling facilities, and landfill projects limited to the opening of landfill cells that are in existing and permitted landfills.

(8) "Emergency public works project" means a public works project made necessary by a natural disaster, or an immediate and emergent threat to the public health and safety due to unforeseen or unavoidable circumstances.

(9) "Value planning" means a uniform approach to assist in decision making through systematic evaluation of potential alternatives to solving an identified problem.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-020, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-020, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040. WSR 89-10-041 (Order 89-01), § 399-30-020, filed 4/28/89. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-30-020, filed 12/4/85.

Wash. Admin. Code § 399-30-024 Maximum award.

This section implements RCW 43.155.070. The maximum amount of funding that the board may provide for any jurisdiction is ten million dollars per biennium. This includes all three funding types (construction, emergency and preconstruction) combined.

(1) Construction, the maximum is a ten million dollar award per jurisdiction per biennium limit.

(2) Preconstruction, the maximum is one million dollars per project.

(3) Emergency, the maximum is one million dollars per project.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-024, filed 2/3/20, effective 3/5/20.

Wash. Admin. Code § 399-30-025 Public works financing powers—Establishment of interest rates—Competitive bids on projects.

(1) In order to aid the financing of public works projects, the board may:

(a) Make loans or grants to local governments from the public works assistance account or other funds and accounts for the purpose of assisting local governments in financing public works projects. Money received from local governments in repayment of loans made under this section shall be paid into the public works assistance account for uses consistent with this chapter.

(b) Pledge money in the public works assistance account, or money to be received by the public works assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance public works projects. The board shall not pledge any amount greater than the sum of money in the public works assistance account plus money to be received from the payment of the debt service on loans made from that account, nor shall the board pledge the faith and credit or the taxing power of the state or any agency or subdivision thereof to the repayment of obligations issued by any local government.

(c) Create such subaccounts in the public works assistance account as the board deems necessary to carry out the purposes of this chapter.

(d) Provide a method for the allocation of loans, grants, and financing guarantees and the provision of technical assistance under this chapter.

(2) When establishing interest rates for loan programs authorized in this chapter for projects which are supported by a rate base of at least fifty thousand equivalent residential units, the board must base interest rates on the average daily market interest rate for tax-exempt municipal bonds as published in the bond buyer's index for the period from sixty to thirty days before the start of the application cycle.

(a) For projects with a repayment period over five and twenty years, the rate must be fifty percent of the market rate.

(b) For projects with a repayment period of five and under years, the rate must be twenty-five percent of the market rate.

(c) For any year in which the average daily market interest rate for tax-exempt municipal bonds for the period from sixty to thirty days before the start of an application cycle is nine percent or greater, the board may cap interest rates at four percent for projects with a repayment period between five and twenty years and at two percent for projects with a repayment period under five years.

(d) The board may also provide reduced interest rates, extended repayment periods, or grants for projects that meet financial hardship criteria as measured by the affordability index or similar standard measure of financial hardship. The board may provide reduced interest rates, extended repayment periods, or grants for projects that are supported by a rate base of less than fifty thousand equivalent residential units.

(3) All local public works projects aided in whole or in part under the provisions of this chapter shall be put out for competitive bids, except for emergency public works under RCW 43.155.065 for which the recipient jurisdiction shall comply with this requirement to the extent feasible and practicable. The competitive bids called for shall be administered in the same manner as all other public works projects put out for competitive bidding by the local governmental entity aided under this chapter.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-025, filed 2/3/20, effective 3/5/20.

Wash. Admin. Code § 399-30-030 Applications for construction and preconstruction financial assistance.

(1) Any local government in the state of Washington may apply for financial assistance to assist in financing critical public works projects.

(2) All applicants must meet the following conditions:

(a) Applicant cities and counties must be imposing a real estate excise tax under RCW 82.46.010(2) at a rate of at least one-quarter of one percent;

(b) Applicant local governments must have developed a long-term plan for financing public works needs as further described in the loan application package under "capital facilities planning."

(3) Direct costs eligible for public works financial assistance are those costs directly attributable to a specific project and include:

(a) Work done by employees of the applicant, or by other government employees under an interlocal agreement or contract limited to: Engineering, environmental review, design activities, acquisition of rights of way or property, construction inspection activities, roadway seal coating (if bids from private sector contractors have been solicited and compared with the interlocal agreement proposal), and the cleaning, sterilization, or bacteriological testing of water system components prior to public use.

(i) Salaries and wages (at actual or average rates) covering productive labor hours of the local government employees (excluding the administrative organization of the operating unit involved). The cost of services rendered by employees generally classified as administrative are considered a direct cost only when such employees are assigned for short periods of time to perform on a full-time basis the types of services described above and when similar procedures are followed;

(ii) Employee benefits relating to direct labor are considered a direct cost of construction projects. The following items may be included as employee benefits:

(A) F.I.C.A. (Social Security) - employer's share;

(B) Retirement benefits;

(D) Life insurance;

(E) Industrial and medical insurance;

(F) Vacation;

(G) Holiday;

(H) Sick leave; and

(I) Military leave and jury duty.

Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations.

(b) Contract engineering, planning, legal, and financial planning services. The board reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project.

(i) Purchase of land and easements acquired for and devoted to the project;

(ii) Purchase of improvements;

(iii) Adjustment or reestablishment of improvements;

(iv) Salaries, expenses or fees of appraisers, negotiators or attorneys;

(v) Removal or demolition of improvement;

(vi) Other direct costs in connection with the acquisition. Amounts received from the sale of excess real property or improvements and from any rentals will be reduced from the direct cost.

(d) Contract construction work.

(e) Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county-owned equipment, at the rental rates established by the local government's "equipment rental and revolving fund" following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using type of fund are allowed the same rates as used by the department of transportation.

(f) Direct materials and supplies.

(i) An overhead rate or "loading factor" is not considered an appropriate additive to the actual cost of materials and supplies used on construction projects unless the factor is readily and properly supportable by the governmental unit's accounting records.

(ii) The cost, or reasonable estimate thereof, of materials paid for as contract estimate items, but not used, will be considered a reduction of direct costs. Any material that is salvaged in connection with a project will be assigned a reasonable value and considered a reduction of direct costs.

(iii) Wetland plants and other materials used for wetland planting, wildlife habitat, or fish habitat may be provided to a public or nonprofit organization without a reduction of direct costs.

(g) Interdepartmental charges for work performed by the local government for the benefit of specific construction projects is limited to direct costs plus an allocation of indirect costs based on ten percent of direct labor dollars, excluding employee benefits.

(h) Other direct costs incurred for materials or services acquired for a specific project are eligible for participation by public works loan or grant funds and may include, but are not limited to such items as:

(i) Public communication plans and activities;

(ii) Telephone charges;

(iii) Reproduction and photogrammetry costs;

(iv) Video and photography for project documentation;

(v) Computer usage;

(vi) Printing and advertising; and

(vii) Value engineering and performance audits.

(4) Other than work identified in subsection (3)(a) of this section, no government employee labor related costs, including force account work, are eligible for financing assistance or to be considered as local match under this chapter.

(5) Applications must be submitted on forms provided by the board for the current funding cycle.

(6) A responsible official of the applicant jurisdiction must certify each application for financial assistance. The official must also provide the board with additional materials or information in support of the application when requested by the board or its staff.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-030, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-30-030, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040(5). WSR 01-09-014, § 399-30-030, filed 4/6/01, effective 5/7/01. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-030, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 92-03-052, § 399-30-030, filed 1/13/92, effective 2/13/92. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-30-030, filed 12/4/85.

Wash. Admin. Code § 399-30-032 What are the requirements for meeting the Growth Management Act under RCW 43.155.070?

(1) "Compliance with the Growth Management Act" means that at the time of application for financial assistance:

(a) A local government that is required to or chooses to plan under RCW 36.70A.040 has adopted a comprehensive plan and development regulations in conformance with the requirements of chapter 36.70A RCW, after it is required that the comprehensive plan and development regulations be adopted; and

(b) The local government has not been found out of compliance by a growth management hearings board; or

(c) A growth management hearings board has found a local government in compliance with the requirements of chapter 36.70A RCW, after previously finding the local government was not in compliance.

(2) Exceptions based on "public health need" or "substantial environmental degradation" shall not be used as a method to provide unrestricted access to financial assistance for local governments not in compliance with the law.

(3) Applicants that are not in conformance with GMA requirements because their periodic update is overdue, have five months after the date award has been offered to come into conformance.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-032, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-30-032, filed 2/13/07, effective 3/16/07
WSR 99-09-020, § 399-30-032, filed 4/14/99, effective 5/15/99.

Wash. Admin. Code § 399-30-033 How will the board address a "public health need" under RCW 43.155.070?

"Public health need" means that a situation exists that causes or is about to cause a real, documented, acute public health need related to the state's air, water, or soil that contributes to injuries or deaths on public highways, or risk of a public health emergency due to contaminated domestic water, the failure of a sanitary sewer system, storm sewer system, or solid waste or recycling system; and the problem generally involves a discrete area including, but not limited to, a county, city, subdivision, or an area serviced by on-site wastewater disposal systems.

In determining whether a project is necessary to address a public health need, the board shall consider the following factors:

(1) For bridge or road projects - Whether injury or fatal injury motor or nonmotorized vehicle traffic collisions at a specific site, roadway control section, or area have occurred at a rate to be in the top five percent of all such collisions within the applicant jurisdiction for the most recent three-year period; and whether the proposed public works project will eliminate or reduce the likelihood of such vehicle collisions. Applicants applying under this subsection may utilize jurisdiction-wide accident data, or break the data down into arterial or nonarterial roads, intersection or nonintersection, and for intersections, whether they are signalized or nonsignalized.

(2) For domestic water projects - Whether a drinking water system regulated by the department of health has been contaminated or is in imminent danger of being contaminated to the extent of creating a public health risk and; whether the proposed public works project will eliminate or reduce the chance of contamination.

(3) For sanitary sewer projects - Whether failure of existing wastewater system or systems, including on-site systems, has resulted in contamination being present on the surface of the ground in such quantities and locations so as to create a potential for public contact; or whether contamination of a commercial or recreational shellfish bed so as to create a public health risk associated with the consumption of the shellfish, or contamination of surface water so as to create a public health risk associated with recreational use; and whether the proposed public works project will eliminate or reduce the danger of such public health risk.

(4) For storm sewer projects - Whether failure of an existing storm sewer system has caused or is in imminent danger of causing localized flooding which disrupts critical public services; causes disease, illness, or attraction of rodents so as to create a public health risk; or contamination of a commercial or recreational shellfish bed so as to create a public health risk associated with the consumption of the shellfish, or contamination of surface water so as to create a public health risk associated with recreational use and; whether the proposed public works project will eliminate or reduce the danger of localized flooding which disrupts critical public services or causes a public health risk.

(5) For solid waste or recycling projects - Whether failure of an existing solid waste or recycling system has caused or is in danger of causing groundwater contamination; causes disease, illness, or attraction of rodents so as to create a public health risk and; whether the proposed public works project will eliminate or reduce the danger of such public health risk.

(6) For all projects - Whether more efficient operation of an existing system, changing public access, or modifying other regulatory standards (e.g., reduced speed limits, water conservation measures, rodent control, restricted shellfish harvesting) is likely to provide the same or similar level of resolution.

(7) For all projects - Whether the public health problem is caused by failure to maintain or periodically replace, reconstruct, or rehabilitate a public works system.

(8) For all projects - Other factors the board finds on the record are significant in light of facts and circumstances unique to the project.

(9) The factors enumerated in subsection (1) of this section must be addressed in a letter of request, with supporting documentation, addressed to the chair of the board and signed by the public official who signed the application for financial assistance.

(10) The factors enumerated in subsections (2) through (5) of this section must be addressed in a letter of request, with supporting documentation, addressed to the secretary of the Washington state department of health and signed by the public official who signed the application for financial assistance. A determination of a public health need may be made by the secretary, or designee, and addressed to the same public official. The board will consider the determination of the secretary. The board will also consider information presented on factors enumerated in subsections (6) through (8) of this section, which must be documented in a manner acceptable to the board.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-30-033, filed 2/13/07, effective 3/16/07
WSR 99-09-020, § 399-30-033, filed 4/14/99, effective 5/15/99.

Wash. Admin. Code § 399-30-034 How will the board address "substantial environmental degradation" as found in RCW 43.155.070?

"Substantial environmental degradation" means a situation causes or is about to cause real, documented, substantial environmental degradation that contributes to violations of the state's air quality, water quality, or soil contaminate standards, interferes with beneficial uses of the air, water, or land, and the problem generally involves a discrete area including, but not limited to, a county, city, subdivision, or an area serviced by on-site wastewater disposal systems.

In determining whether a project is necessary to address substantial environmental degradation, the board shall consider the following factors:

(1) For bridge and road projects - Whether motorized or nonmotorized vehicle traffic has caused substantial environmental degradation of the air, water, or soils of the state at the site for which a proposed public works project is the subject of a financial assistance application, and; whether the proposed public works project will eliminate or reduce the chance of such vehicle-caused critical substantial environmental degradation.

(2) For domestic water projects - Whether a drinking water system regulated by the department of health has caused substantial environmental degradation of the air, water, or soil of the state including, but not limited to: Causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce the chance of substantial environmental degradation.

(3) For sanitary sewer projects - Whether failure of an existing wastewater system, including individual on-site systems, has caused substantial environmental degradation of the air, water, or soil of the state including, but not limited to: Causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce such substantial environmental degradation.

(4) For storm sewer systems - Whether failure of an existing storm sewer system has caused substantial environmental degradation of the air, water, or soil of the state including, but not limited to: Causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce such substantial environmental degradation.

(5) For solid waste or recycling projects - Whether failure of an existing solid waste system or recycling system has caused substantial environmental degradation of the air, water, or soil of the state including, but not limited to: Causing disease or illness to humans, the attraction of rodents, or the killing of fish and shellfish that reside in the waters of the state, and; whether the proposed public works project will eliminate or reduce such substantial environmental degradation.

(7) For all projects - Whether the substantial environmental degradation is caused by failure to maintain or periodically replace, reconstruct, or rehabilitate a public works system.

(8) For all projects - Other factors the board finds on the record are significant in light of facts and circumstances unique to the project. Fish passage, water quality, or water quantity issues directly impacting salmonid fish survival in a watershed which is designated as a candidate for listing, proposed for listing, threatened listing, or endangered listing under the federal Endangered Species Act may be considered significant and unique to a project.

(9) The factors enumerated in subsections (1) through (5) of this section must be addressed in a letter of request, with supporting documentation, to the director of the Washington state department of ecology and signed by the public official who signed the application for financial assistance. A determination of substantial environmental degradation may be made by the director or designee and addressed to the same public official. The board will consider the determination of the director. The board will also consider information presented on factors enumerated in subsections (6) through (8) of this section, which must be documented in a manner acceptable to the board.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-30-034, filed 2/13/07, effective 3/16/07
WSR 99-09-020, § 399-30-034, filed 4/14/99, effective 5/15/99.

Wash. Admin. Code § 399-30-040 Application evaluation procedure and board deliberations—Construction and preconstruction loan or grant programs.

(1) The board will consider and prioritize, or disapprove, all applications for financial assistance at regular or special meetings of the board. The applicant will be notified of meetings at which its application will be considered.

(2) Applications will be evaluated and prioritized in accordance with the following procedures:

(a) Staff will log in all applications as received.

(b) Staff will review all applications for compliance with the minimum qualification requirements of WAC 399-30-030(2). Jurisdictions whose applications do not meet the minimum qualification requirements will be notified in writing of the disqualification.

(c) Staff will perform an evaluation of all applications which meet the requirements of WAC 399-30-030(2). Applications will be scored according to responses in the application developed and approved by the board.

(d) Staff will provide the board with evaluation and scoring of the applications. All application materials will be available to the board for their deliberations. The board will approve a ranked list of projects based on the information provided to them by the staff and the applications.

(e) The board may adjust the ranked list in consideration of the following factors:

(i) Geographical balance;

(ii) Economic distress;

(iii) Type of projects;

(iv) Type of jurisdiction;

(v) Past management practices of the applicant, including, but not limited to, late loan payments, loan defaults, audit findings, or inability to complete projects within the time allowed by loan agreement;

(vi) Other criteria that the board considers advisable.

(f) Staff will verify critical information on each project as required by the board.

(g) In order to ensure fairness to all jurisdictions with applications pending before the board, the board will not accept oral or written testimony from any applicant while deliberating loan priorities, other than specific responses to information requests initiated by the board as provided in (h) of this subsection.

(h) The board may consult with officials of jurisdictions having projects submitted for funding on any issue it wishes to address.

(3) The board must develop a process to prioritize applications and funding of loans and grants for public works projects submitted by local governments. The board must consider, at a minimum and in any order, the following factors in prioritizing projects:

(a) Whether the project is critical in nature and would affect the health and safety of many people;

(b) The extent to which the project leverages other funds;

(d) Whether the project is located in an area of high unemployment, compared to the average state unemployment;

(e) Whether the project promotes the sustainable use of resources and environmental quality, as applicable;

(f) Whether the project consolidates or regionalizes systems;

(g) Whether the project encourages economic development through mixed-use and mixed-income development consistent with chapter 36.70A RCW;

(h) Whether the system is being well managed in the present and for long-term sustainability;

(i) Achieving equitable distribution of funds by geography and population;

(j) The extent to which the project meets the following state policy objectives:

(i) Efficient use of state resources;

(ii) Preservation and enhancement of health and safety;

(iii) Abatement of pollution and protection of the environment;

(iv) Creation of new, family-wage jobs, and avoidance of shifting existing jobs from one Washington state community to another;

(v) Fostering economic development consistent with chapter 36.70A RCW;

(vi) Efficiency in delivery of goods and services and transportation; and

(vii) Reduction of the overall cost of public infrastructure;

(k) Whether the applicant sought or is seeking funding for the project from other sources; and

(l) Other criteria that the board considers necessary to achieve the purposes of this chapter.

(4) After January 1, 2010, any project designed to address the effects of stormwater or wastewater on Puget Sound may be funded under this section only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

(5) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is reasonably obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its public works assistance account program loan or grant.

(6) Existing debt or financial obligations of local governments may not be refinanced under this chapter. Each local government applicant must provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.

(7) Applicants will be notified in writing of board decisions.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-040, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-30-040, filed 2/4/09, effective 3/7/09
WSR 07-05-029, § 399-30-040, filed 2/13/07, effective 3/16/07. Statutory Authority: RCW 43.155.040(5). WSR 01-09-014, § 399-30-040, filed 4/6/01, effective 5/7/01. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-040, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 95-11-093, § 399-30-040, filed 5/19/95, effective 6/19/95
WSR 93-22-015, § 399-30-040, filed 10/26/93, effective 11/26/93
WSR 92-03-052, § 399-30-040, filed 1/13/92, effective 2/13/92. Statutory Authority: RCW 43.155.040. WSR 88-10-009 (Order 88-02), § 399-30-040, filed 4/22/88
WSR 87-17-013 (Order 87-16), § 399-30-040, filed 8/10/87
WSR 86-18-009 (Resolution No. 86-12), § 399-30-040, filed 8/21/86. Statutory Authority: 1985 c 446 § 10. WSR 86-03-051 (Resolution No. 85-17), § 399-30-040, filed 1/15/86.

Wash. Admin. Code § 399-30-045 Application evaluation procedure and board deliberations—Emergency loan program.

This section implements RCW 43.155.060 and 43.155.065. The board may make low-interest or interest free loans or grants to local governments for emergency public works projects. The emergency loan program is to financially assist eligible communities experiencing the loss of critical public works services or facilities due to an emergency, and that can demonstrate a substantial fiscal need.

(1) Eligible local governments. Applicants must meet the conditions as identified under WAC 399-30-030(2).

(2) Eligible uses of funds. Financial assistance received shall be used for the purpose of restoring the services and/or repair of the public works facilities involved in the emergency. Assistance provided may be used to help fund all or part of an emergency public works project less any reimbursement from any of the following:

(a) Federal disaster or emergency funds, including funds from the Federal Emergency Management Agency;

(b) State disaster or emergency funds;

(d) Litigation.

Assisted local governments must reimburse the department any moneys received from the sources listed above. The local government is obligated to make reimbursement for four years after formal project closeout. Local governments eligible to receive moneys must use their best efforts to seek reimbursement in a timely manner.

(3) Availability of funds. Funding will be made available on a first-come first-served basis. Only those funds specifically appropriated by the legislature from the public works assistance account shall be used to make emergency loans. That amount shall not exceed five percent of the total amount appropriated from this account in any biennium.

(4) Application process. Local governments must apply on the form provided by the board. Applications will be processed in the order received.

(5) Board deliberations—Emergency loan applications.

(a) The board will consider and approve or disapprove all eligible applications for emergency financial assistance at regular or special meetings of the board. The applicant will be notified of meetings at which its application will be considered.

(b) All applications will be accepted and evaluated in accordance with the following procedures:

(i) Applications will be accepted only when emergency funding is available.

(ii) Staff will review applications and verify that the applicant is eligible for assistance as set forth in RCW 43.155.070(1).

(iii) Staff will provide the board an evaluation of whether an emergency loan is needed based upon the information documented by the applicant and staff.

(iv) Site visits to the location of the emergency public works project will be carried out at the discretion of the board or staff.

(6) Loan terms. The board shall determine the term and interest rate(s) of emergency loans annually.

(7) Exceptions to public works assistance account policies and procedures. Except as provided in this chapter or specified in annual program guidelines, the emergency program shall follow all general administrative program policies as set for the public works assistance account.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-045, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-30-045, filed 2/4/09, effective 3/7/09. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-045, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 92-03-052, § 399-30-045, filed 1/13/92, effective 2/13/92. Statutory Authority: RCW 43.155.040. WSR 89-10-041 (Order 89-01), § 399-30-045, filed 4/28/89.

Wash. Admin. Code § 399-30-060 Loan and financing guarantee loan agreements for the construction loan program.

(1) The board will only execute loan/grant agreements or otherwise financially obligate funds from the public works assistance account appropriated funds to the board for construction, preconstruction, planning, and emergency loans.

(2) After the legislature has appropriated funds from the public works assistance account for a specific list of public works projects or budget allocation, the construction loan/grant funds will be disbursed to the applicant local government through a loan/grant agreement. The loan/grant agreement will offer terms and conditions as the board determines are reasonable, based on the following standards:

(a) The local government's financial participation funds must be from locally generated funding or federal or state shared revenues that can be allocated at the discretion of the local government.

(b) The interest rates, local share requirements and loan limits will be determined annually by the board.

(3) The local government and the department must execute a final loan agreement before any funds are disbursed.

(4) The local government must submit for approval a scope of work, including such things as a budget and performance measures consistent with the application for financial assistance to the department within ninety days after the department offers a loan or financing guarantee.

(5) The local government must execute any loan or financing guarantee loan agreements offered within six months after the department offers the loan agreement.

(6) The local government must complete work on the public works project within the time specified in the loan agreement, unless a written request for extension is approved by the board.

(7) The board or department will not reimburse local governments for any funds spent on public works projects financed through the public works assistance account before a planning, emergency or preconstruction loan agreement has been formally executed. The board or department may reimburse local governments for those construction loan costs incurred after September 1st of the year in which a construction loan was recommended for financing by the board, providing that the project is approved by law, the costs are eligible for reimbursement at the time of loan agreement execution, and there are funds available in the public works assistance account. For the competitive loan/grant cycles, the effective date for reimbursement is the date the board approves the award. These reimbursable costs, incurred before loan agreement execution, must be spent on eligible activities as defined by WAC 399-30-030, comply with executive order 05-05, and be consistent with the loan agreement as later executed. Any costs incurred before the execution of a construction loan agreement will not be reimbursed unless a loan agreement is executed.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-060, filed 2/3/20, effective 3/5/20. Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-30-060, filed 2/4/09, effective 3/7/09
WSR 07-05-029, § 399-30-060, filed 2/13/07, effective 3/16/07
WSR 04-09-085, § 399-30-060, filed 4/20/04, effective 5/21/04. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-060, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 92-03-052, § 399-30-060, filed 1/13/92, effective 2/13/92. Statutory Authority: RCW 43.155.040. WSR 88-23-095 (Order 88-08, Resolution No. 86-12), § 399-30-060, filed 11/22/88
WSR 86-18-009 (Resolution No. 86-12), § 399-30-060, filed 8/21/86. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-30-060, filed 12/4/85.

Wash. Admin. Code § 399-30-065 Emergency loan and financing guarantee loan agreements.

(1) After the legislature has appropriated funds from the public works assistance account for emergency loans, the loan funds will be disbursed to the applicant local government pursuant to a loan agreement. The loan agreement will offer terms and conditions the board determines are reasonable, based on the following standards:

(a) The local government's financial participation funds must be from locally generated revenues or federal or state shared revenues that can be allocated at the discretion of the local government.

(b) Loans must not exceed twenty years, or the useful life of the improvements, whichever is shorter.

(2) The local government and the department must execute a final loan agreement before any funds are disbursed.

(3) The local government must complete a scope of work form for a loan or financing guarantee and return it to the department within ninety days after the department offers a loan or a financing guarantee loan agreement.

(4) The local government must execute any loan or financing guarantee loan agreements offered within ninety days after the department offers the loan agreement.

(5) The local government must begin work on an emergency public works project within ninety days after the loan agreement is executed.

(6) The local government must complete work on an emergency public works project within twelve months after the loan agreement is executed, unless a written request for extension is approved by the board.

(7) The board or department will not reimburse local governments for any funds spent on emergency public works projects financed through the public works assistance account before a loan agreement has been formally executed. However, if the local government has formally declared an emergency, the board may approve reimbursement of eligible costs of correcting the emergency incurred after an emergency was declared.

Any unreimbursed eligible costs for the project may be used toward local participation requirements, if any.

(8) All public works projects must comply with the competitive bid requirement of RCW 43.155.060 to the extent feasible and practicable.

History

Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-30-065, filed 2/4/09, effective 3/7/09. Statutory Authority: RCW 43.155.040 (4) and (5). WSR 98-24-010, § 399-30-065, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.155.040(4). WSR 92-03-052, § 399-30-065, filed 1/13/92, effective 2/13/92. Statutory Authority: RCW 43.155.040. WSR 89-10-041 (Order 89-01), § 399-30-065, filed 4/28/89.

Wash. Admin. Code § 399-30-070 Loans or grants for preconstruction activities.

This section implements RCW 43.155.068.

(1) The board may make loans or grants to local governments for preconstruction activities on public works projects before the legislature approves the construction phase of the project. Preconstruction activities include design, engineering, bid-document preparation, environmental studies, right-of-way acquisition, value planning, and other preliminary phases of public works projects as determined by the board. The purpose of the loans and grants authorized in this section is to accelerate the completion of public works projects by allowing preconstruction activities to be performed before the appropriation for the construction phase of the project by the legislature.

(2) Projects receiving loans or grants for preconstruction activities under this section must be evaluated using the priority process and factors in RCW 43.155.070. The receipt of a loan or grant for preconstruction activities does not ensure the receipt of a construction loan or grant for the project under this chapter. Construction loans or grants for projects receiving a loan or grant for preconstruction activities under this section are subject to legislative appropriation under RCW 43.155.070(7). The board shall adopt a single application process for local governments seeking both a loan or grant for preconstruction activities under this section and a construction loan for the project.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-070, filed 2/3/20, effective 3/5/20.

Wash. Admin. Code § 399-30-080 Reporting.

Before September 1, 2018, and each year thereafter, the board must develop and submit a report regarding the construction loans and grants to the office of financial management and appropriate fiscal committees of the senate and house of representatives. The report must include:

(1) The total number of applications and amount of funding requested for public works projects;

(2) A list and description of projects approved in the preceding fiscal year with project scores against the board's prioritization criteria;

(3) The total amount of loan and grants disbursements made from the public works assistance account in the preceding fiscal year;

(4) The total amount of loan repayments in the preceding fiscal year for outstanding loans from the public works assistance account;

(5) The total amount of loan repayments due for outstanding loans for each fiscal year over the following ten-year period; and

(6) The total amount of funds obligated and timing of when the funds were obligated in the preceding fiscal year.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-080, filed 2/3/20, effective 3/5/20.

Wash. Admin. Code § 399-30-085 Loans and grants for public works projects—Statement of environmental benefits—Sustainable asset management best practices—Development of outcome-focused performance measures.

(1) This section implements RCW 43.155.075. In providing loans and grants for public works projects, the board shall require recipients to incorporate the environmental benefits of the project into their applications, and the board shall utilize the statement of environmental benefits in its prioritization and selection process, when applicable. For projects funded under this chapter, the board may require a local government to:

(a) Have sustainable asset management best practices in place;

(b) Provide a long-term financial plan to demonstrate a sound maintenance program;

(d) Undergo value planning at the predesign project stage, where the greatest productivity gains and cost savings can be found.

(2) The board shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the loan and grant program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The board shall consult with affected interest groups in implementing this section.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-04-070, § 399-30-085, filed 2/3/20, effective 3/5/20.

Chapter 399-40 Compliance with State Environmental Policy Act.

Wash. Admin. Code § 399-40-010 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: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-40-010, filed 12/4/85.

Wash. Admin. Code § 399-40-020 Statement.

Pursuant to WAC 197-11-800(14), the public works board has reviewed its authorized activities and has found them all to be exempt under the provisions of chapter 197-11 WAC.

History

Statutory Authority: RCW 43.155.040(4). WSR 07-05-029, § 399-40-020, filed 2/13/07, effective 3/16/07
WSR 92-03-051, § 399-40-020, filed 1/13/92, effective 2/13/92. Statutory Authority: 1985 c 446 § 10. WSR 85-24-072 (Order 85-17), § 399-40-020, filed 12/4/85.

Chapter 399-50 Ethics in public service.

Wash. Admin. Code § 399-50-010 Definitions.

(1) Unless another definition is given, words used in this chapter have the same meaning as in chapter 42.52 RCW, Ethics in public service.

(2) "Annual construction roster" means the prioritized list of projects recommended for funding, which is developed and submitted to the legislature before November 1 of each year under RCW 43.155.070(4).

(3) "Beneficial interest" means the right to enjoy profit, benefit, or advantage from a contract or loan agreement or other property and also has the meaning given to it in Washington case law. Ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests.

(4) "Project" means public works project as defined in RCW 43.155.020(6).

History

Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-50-010, filed 2/4/09, effective 3/7/09
WSR 07-05-029, § 399-50-010, filed 2/13/07, effective 3/16/07. Statutory Authority: Chapter 42.52 RCW and RCW 43.155.040(4). WSR 00-11-021, § 399-50-010, filed 5/9/00, effective 6/9/00.

Wash. Admin. Code § 399-50-020 Interest in contracts or loan agreements, projects, or loans.

(1) When a member of the public works board is beneficially interested, directly or indirectly, in a loan agreement, project, or loan that may be made by, through, or under the supervision of the board, in whole or in part, or when the member accepts, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in such loan agreement, project, or loan, the member shall:

(a) Recuse him or herself from board discussion regarding the specific loan agreement, project, or loan;

(b) Recuse him or herself from the board vote on the specific loan agreement, project, or loan; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific loan agreement, project, or loan.

(2) The prohibition against discussion set forth in subsection (1)(a) and (c) of this section shall not prohibit the member of the board from using his or her general expertise to educate and provide general information on the subject area to the other members.

(3) Under subsection (1) of this section, "any other person" has a beneficial interest in a loan agreement, project, or loan when the other person bids, applies for, or otherwise seeks to be awarded the loan agreement, project, or loan.

Example 1

Board member Sam Jones is an engineering consultant. Jones performs consulting work on a regular basis for the Evergreen County public works department. The board is asked to approve an emergency public works loan for Evergreen County. Jones should recuse himself from voting on or discussing this action because he receives compensation from a "person" (Evergreen County) beneficially interested in the proposed loan.

Example 2

Board member Ima Kozy is the President and CEO of a firm that constructs roads and utilities. The board is asked to approve a list of loans for construction projects in various locations around the state. One of the projects is in the City of Destiny, where Ima's firm frequently responds to solicitation for bids. If Ima wants her firm to be able to bid on the Destiny project, she should recuse herself from voting on this list or discussing this action.

If Ima does vote to approve the list or participates in discussing it, she will be prohibited by RCW 42.52.030 from receiving a direct or indirect beneficial interest in the loan agreement to Destiny, or from accepting compensation from another person beneficially interested in the loan agreement. Thus, neither she nor her firm may bid on the project.

History

Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-50-020, filed 2/4/09, effective 3/7/09. Statutory Authority: Chapter 42.52 RCW and RCW 43.155.040(4). WSR 00-11-021, § 399-50-020, filed 5/9/00, effective 6/9/00.

Wash. Admin. Code § 399-50-030 Interest in transactions.

(1) When a member of the public works board either owns a beneficial interest in or is an officer, agent, employee or member of an entity or individual engaged in a transaction involving the board, the member shall:

(a) Recuse him or herself from board discussion regarding the specific transaction;

(b) Recuse him or herself from the board vote on the specific transaction; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific transaction.

(2) The prohibition against discussion and voting set forth in subsection (1)(a) and (c) of this section shall not prohibit the member of the board from using his or her general expertise to educate and provide general information on the subject area to the other members.

(3)(a) "Transaction involving the board" means a proceeding, application, submission, request for a ruling or other determination, loan agreement, project or proposed project, loan, claim, case, or other similar matter that the member in question believes, or has reason to believe:

(i) Is, or will be, the subject of board action; or

(ii) Is one to which the board is or will be a party; or

(iii) Is one in which the board has a direct and substantial proprietary interest.

(b) "Transaction involving the board" does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member; or a claim, case, lawsuit, or similar matter if the member did not participate in the underlying transaction involving the board that is the basis for the claim, case, or lawsuit. Rule making is not a "transaction involving the board."

(4) "Board action" means any action on the part of the board, including, but not limited to:

(a) A decision, determination, finding, ruling, or order; and

(b) A grant, payment, award, license, loan agreement, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.

Example 3

Board member Alice Lester is a director of the Starburst Sewer District. During presentation of the annual construction roster, the board is asked to consider adding projects to the roster based on various criteria developed by staff. The board's choice of criteria will determine which additional projects will be funded. A sewer improvement project for the Starburst Sewer District is among those that may be added to the roster, depending on which criteria are selected. Lester should disclose her affiliation with Starburst and recuse herself from discussing on or voting on the criteria for funding additional projects, because she is an officer of an entity interested in a transaction before the board, specifically determination of funding criteria that will affect Starburst Sewer District.

History

Statutory Authority: RCW 43.155.040(4). WSR 09-04-100, § 399-50-030, filed 2/4/09, effective 3/7/09. Statutory Authority: Chapter 42.52 RCW and RCW 43.155.040(4). WSR 00-11-021, § 399-50-030, filed 5/9/00, effective 6/9/00.

Chapter 399-80 Public works board broadband.

Wash. Admin. Code § 399-80-010 Broadband service expansion grant and loan program.

(1) The board, in collaboration with the office, shall establish a competitive grant and loan program to award funding to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state.

(2)(a) Grants and loans may be awarded under this section to assist in funding acquisition, installation, and construction of middle mile and last mile infrastructure that supports broadband services and to assist in funding strategic planning for deploying broadband service in unserved areas.

(b) The board may choose to fund all or part of an application for funding, provided that the application meets the requirements of subsection (11) of this section.

(3) Eligible applicants for grants and loans awarded under this section include:

(a) Local governments;

(b) Tribes;

(d) Cooperative associations;

(e) Multiparty entities comprised of public entity members;

(f) Limited liability corporations organized for the purpose of expanding broadband access; and

(g) Incorporated businesses or partnerships.

(4)(a) The board shall develop administrative procedures governing the preapplication and award process. The board shall act as fiscal agent for the program and is responsible for receiving and reviewing applications and awarding funds under this section.

(b) At least 60 days prior to the first day preapplications may be submitted each fiscal year, the board must publish on its website the specific criteria and any quantitative weighting scheme or scoring system that the board will use to evaluate or rank applications and award funding.

(c) The board may maintain separate accounting in the statewide broadband account created in RCW 43.155.165 as the board deems necessary to carry out the purposes of this section.

(d) The board must provide a method for the allocation of loans, grants, provision of technical assistance, and interest rates under this section.

(5) An applicant for a grant or loan under this section must provide the following information on the preapplication:

(a) The location and description of the project;

(b) Evidence regarding the unserved nature of the community in which the project is to be located;

(d) The number of households passed that will gain access to broadband service as a result of the project or whose broadband service will be upgraded as a result of the project;

(e) Evidence that before submission of the application, the applicant contacted, in writing, all entities providing broadband service near the proposed project area to ask each broadband service provider's plan to upgrade broadband service in the project area to speeds that meet or exceed the state's definition for broadband service as defined in RCW 43.330.530, within the time frame specified in the proposed grant or loan activities;

(f) If applicable, the broadband service providers' written responses to the inquiry made under (e) of this subsection;

(g) The proposed geographic broadband service area and the proposed broadband speeds in the form and manner prescribed by the board;

(h) Evidence of community support for the project; and

(i) Any additional information requested by the board.

(6) An applicant for a grant or loan under this section must provide the following information on the application:

(a) The final location and description of the project;

(b) Evidence that the proposed infrastructure will be capable of scaling to greater download and upload speeds;

(c) The number of households passed that will gain access to broadband service as a result of the project or whose broadband service will be upgraded as a result of the project;

(d) The estimated cost of retail services to end users facilitated by a project;

(e) The proposed actual download and upload speeds experienced by end users;

(f) Evidence of significant community institutions that will benefit from the proposed project;

(g) Anticipated economic, educational, health care, or public safety benefits created by the project;

(h) If available, a description of the applicant's user adoption assistance program and efforts to promote the use of newly available broadband services created by the project;

(i) The estimated total cost of the project;

(j) Other sources of funding for the project that will supplement any grant or loan award;

(k) A demonstration of the project's long-term sustainability, including the applicant's financial soundness, organizational capacity, and technical expertise;

(l) A strategic plan to maintain long-term operation of the infrastructure;

(m) If applicable, documentation describing the outcome of the broadband service providers' written responses to the inquiry made prior to or during the preapplication phase; and

(n) Any additional information requested by the board.

(7)(a) The board shall publish on its website for at least 30 days the proposed geographic broadband service area and the proposed broadband speeds for each proposed broadband project submitted in the preapplication period.

(b) The board shall, within three business days following the close of the preapplication cycle, publish on its website preapplications as described in subsection (5) of this section.

(d) The board shall publish objection information received during the objection period that includes: (i) The objecting provider; (ii) the reason for objection; (iii) a description of how the current or proposed infrastructure meets or exceeds speeds contained in the definition of broadband service in RCW 43.330.530; (iv) existing or planned service plans or tiers and associated speeds; and (v) information about the objector's project status including percentage completed.

(8)(a) Any existing broadband service provider near the proposed project area may, submit in writing to the board, an objection to a proposed broadband project. An objection must contain information demonstrating that:

(i) The project would result in overbuild, meaning that the objecting provider currently provides, or has begun construction to provide, broadband service to end users in the proposed project area at speeds equal to or greater than the speeds contained in the definition of broadband in RCW 43.330.530(2); or

(ii) The objecting provider commits to complete construction of broadband infrastructure and provide broadband service to end users in the proposed project area at speeds equal to or greater than the speeds contained in the definition of broadband in RCW 43.330.530(2), no later than 24 months after the date awards are made under this section for the grant and loan cycle under which the preapplication was submitted.

(b) Objections submitted to the board under this subsection must be certified by affidavit.

(d) The board may evaluate the information submitted under this section by the objecting provider and applicant and must consider it in making a determination on the proposed broadband project objected to. The board may request clarification or additional information. The board may choose to not fund a project if the board determines that the objecting provider's commitment to provide broadband service that meets the requirements of (a) of this subsection in the proposed project area is credible. In assessing the commitment, the board may consider whether the objecting provider has or will provide a bond, letter of credit, or other indicia of financial commitment guaranteeing the project's completion.

(e) If the board denies funding to an applicant as a result of a broadband service provider's objection made under this section, and the broadband service provider does not fulfill its commitment to provide broadband service in the project area, then for the following two grant and loan cycles, the board is prohibited from denying funding to an applicant on the basis of a challenge by the same broadband service provider, unless the board determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control. The board is not prohibited from denying funding to an applicant for reasons other than an objection by the same broadband service provider.

(f) An applicant or broadband service provider that objected to the application may request a debriefing conference regarding the board's decision on the application. Requests for debriefing must be coordinated by the office and must be submitted in writing in accordance with procedures specified by the office.

(g) An objecting provider may mark any proprietary business and financial information as confidential that the objecting provider is willing to defend in court as exempt under chapter 42.56 RCW.

(9)(a) In evaluating applications and awarding funds, the board shall give priority to applications that are constructed in areas identified as unserved.

(b) In evaluating applications and awarding funds, the board may give priority to applications that:

(i) Provide assistance to public-private partnerships deploying broadband infrastructure from areas currently served with broadband service to areas currently lacking access to broadband services;

(ii) Demonstrate project readiness to proceed;

(iii) Construct infrastructure that is open access, meaning that during the useful life of the infrastructure, service providers may use network services and facilities at rates, terms, and conditions that are not discriminatory or preferential between providers, and employing accountable interconnection arrangements published and available publicly;

(iv) Are submitted by tribal governments whose reservations are in rural and remote areas where reliable and efficient broadband services are unavailable to many or most residents;

(v) Bring broadband service to tribal lands, particularly to rural and remote tribal lands or areas servicing rural and remote tribal entities;

(vi) Are submitted by tribal governments in rural and remote areas that have spent significant amounts of tribal funds to address the problem but cannot provide necessary broadband services without either additional state support, additional federal support, or both;

(vii) Serve economically distressed areas of the state as the term "distressed area" is defined in RCW 43.168.020;

(viii) Offer new or substantially upgraded broadband service to important community anchor institutions including, but not limited to, libraries, educational institutions, public safety facilities, and health care facilities;

(ix) Facilitate the use of telemedicine and electronic health records, especially in deliverance of behavioral health services and services to veterans;

(x) Provide technical support and train residents, businesses, and institutions in the community served by the project to utilize broadband service;

(xi) Include a component to actively promote the adoption of newly available broadband services in the community;

(xii) Provide evidence of strong support for the project from citizens, government, businesses, and community institutions;

(xiii) Provide access to broadband service to a greater number of unserved households and businesses, including farms;

(xiv) Utilize equipment and technology demonstrating greater longevity of service;

(xv) Seek the lowest amount of state investment per new location served and leverage greater amounts of funding for the project from other private and public sources;

(xvi) Include evidence of a customer service plan;

(xvii) Consider leveraging existing broadband infrastructure and other unique solutions;

(xviii) Benefit public safety and fire preparedness; or

(xix) Demonstrate other priorities as the board, in collaboration with the office, may prescribe by rule.

(d) The board shall consider affordability and quality of service to end users in making a determination on any application.

(e) The board, in collaboration with the office, may develop additional rules for eligibility, project preapplications, project applications, the associated objection process, and funding priority, as provided under this subsection and subsections (3), (5), (6), (7), and (8) of this section.

(f) The board, in collaboration with the office, may adopt rules for a voluntary nonbinding mediation between incumbent providers and applicants to the grant and loan program created in this section.

(10) To ensure a grant or loan to a private entity under this section primarily serves the public interest and benefits the public, any such grant or loan must be conditioned on a guarantee that the asset or infrastructure to be developed will be maintained for public use for a period of at least 15 years.

(11)(a) No funds awarded under this section may fund more than 50 percent of the total cost of the project, except as provided in (b) of this subsection.

(b) The board may choose to fund up to 90 percent of the total cost of a project in financially distressed areas as the term "distressed area" is defined in RCW 43.168.020, and in areas identified as Indian country as the term "Indian country" is defined in WAC 458-20-192.

(c) Funds awarded to a single project under this section must not exceed $2,000,000, except that the board may choose to fund projects qualifying for the exception in (b) of this subsection up to, but not to exceed, $5,000,000.

(12) The board shall have such rights of recovery in the event of default in payment or other breach of financing agreement as may be provided in the agreement or otherwise by law.

(13) The community economic revitalization board shall facilitate the timely transmission of information and documents from its broadband program to the board in order to effectuate an orderly transition.

(14)(a) Emergency public works broadband projects include construction, repair, reconstruction, replacement, rehabilitation, or improvement to critical broadband infrastructure that has been made necessary by a natural disaster or damaged by unforeseen events. To ensure limited resources are provided as efficiently as possible, the board shall grant priority to emergency public works projects that replace existing infrastructure of the provider whose facilities were damaged by the natural disaster event or unforeseen event and shall not provide funds to a new provider to overbuild the existing provider unless the existing provider declines to continue operating broadband service to the area affected by the event. The loans or grants may be used to help fund all or part of an emergency public works broadband infrastructure project less any reimbursement from any of the following sources: (i) Federal disaster or emergency funds, including funds from the federal emergency management agency; (ii) state disaster or emergency funds; (iii) insurance settlements; and (iv) litigation. Applicants must reimburse the department any moneys received from the above listed sources for four years after formal project closeout within 60 days of receipt. Applicants eligible to receive moneys must use their best efforts to seek reimbursement in a timely manner.

(b) Eligible applicants for grants and loans awarded under this subsection are the same as those described in subsection (3) of this section.

(c) The board has discretion to waive certain program requirements in subsections (4) through (8) of this section if the applicant seeking emergency funding is the existing provider proposing to replace existing infrastructure impacted by the emergency.

(d) The board allocates funds to the emergency program biennially and the program is open until funds are expended.

(e) Eligible applicants must apply using the application and process provided by the board.

(f) Board deliberations—Emergency loan applications. The board will consider and approve or disapprove all eligible applications for emergency financial assistance at regular or special meetings of the board. The applicant will be notified of meetings at which its application will be considered.

(g) The applicant must be able to demonstrate substantial fiscal need for the funding to pay for the emergency repair.

(h) Definitions for this subsection (14) are as follows:

"Natural disaster" means a major, nonroutine natural or weather event. Proclamations of emergency or major disasters by federal, state, and local governments are considered key indicators of natural disasters eligible for emergency broadband funding. An emergency or major disaster declaration is not necessarily required to make a project eligible for emergency funding.

"Damage" means extraordinary physical impacts to, and the associated costs to repair, an asset that impairs or impedes the ability to provide broadband service to a community. When assessing whether the damage is extraordinary, the board will consider the cost to repair to the eligible applicant relative to its size, which may include, but is not limited to, total system revenues, number of passings and passings per mile affected by the service interruption, and total estimated population served. Damage does not include revenue loss or physical decay due to age, poor maintenance, or wear from normal or abnormal use.

"Unforeseen event" means a nonroutine, unplanned, distinct force out of the direct control of the applicant, such as, but not limited to, earthquakes, ice storms, or arson, and is above and beyond what is typically planned for in operations and maintenance plans. Unforeseen events do not include reasonably predictable impacts from climate change, nonextreme temperature conditions, lightning, rodents, falling trees, and cyberattacks.

(i) Loans must not exceed 15 years, or the useful life of the improvements, whichever is shorter.

(j) The board will not process requests for reimbursement of eligible costs incurred to remedy the emergency as allowed by (k) of this subsection until a funding agreement has been formally executed.

(k) If there is an emergency or disaster declaration by a local, state, or federal government entity that includes the proposed project area, the board may approve reimbursement of eligible costs of correcting the damage incurred after an emergency or disaster was proclaimed to have begun. Any unreimbursed eligible costs for the project may be used toward local match requirements, if any.

(l) A recipient of emergency funding must agree to a scope of work within 90 days of award.

(m) Work must begin within 90 days after the emergency funding agreement is executed. The recipient of emergency funding must complete the scope of work within the time specified in the agreement unless the board approves a written request for extension.

(n) All emergency broadband projects must comply with competitive bid requirements to the extent feasible and practicable and are subject to all cultural and historic review requirements.

(15) The definitions in RCW 43.330.530 apply throughout this section unless the context clearly requires otherwise.

(16) A "proposed broadband project" in subsections (7) and (8) of this section means a project that has been submitted as a preapplication to the board.

History

Statutory Authority: RCW 43.155.040(5). WSR 25-18-101, s 399-80-010, filed 9/3/25, effective 10/4/25. Statutory Authority: RCW 43.155.040(5), 43.155.160 (9)(e), and 43.155.160 (14)(a). WSR 23-05-098, § 399-80-010, filed 2/15/23, effective 3/18/23. Statutory Authority: RCW 43.155.040(5). WSR 20-09-144, § 399-80-010, filed 4/21/20, effective 5/22/20.

Wash. Admin. Code § 399-80-020 Statewide broadband account.

(1) The statewide broadband account is created in the state treasury. Moneys received from appropriations by the legislature, the proceeds of bond sales when authorized by the legislature, repayment of loans, or any other lawful source must be deposited into the account for uses consistent with this section. Moneys in the account may be spent only after appropriation.

(2) Expenditures from the account may be used only:

(a) For grant and loan awards made under RCW 43.155.160, including costs incurred by the board to administer RCW 43.155.160;

(b) To contract for data acquisition, a statewide broadband demand assessment, or gap analysis;

(d) To provide for state match requirements under federal law.

(3) The board must maintain separate accounting for any federal funds in the account.

(4) The definitions in RCW 43.330.530 apply throughout this section unless the context clearly requires otherwise.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-09-144, § 399-80-020, filed 4/21/20, effective 5/22/20.

Wash. Admin. Code § 399-80-030 Public works board other rules.

All other public works board rules set forth in Title 399 WAC shall apply to applications for broadband funding and to broadband projects funded by public works board, except to the extent the other rules set forth in Title 399 WAC conflict with the express language of this chapter 399-80 WAC. In the event of such conflict, the provisions of chapter 399-80 WAC shall control.

Broadband rules as defined in WAC 399-80-010 and 399-80-020.

History

Statutory Authority: RCW 43.155.040(5). WSR 20-09-144, § 399-80-030, filed 4/21/20, effective 5/22/20.

Title 399 WAC — Commerce, Department of (Public Works Board)

Chapter 399-10 General provisions.

Wash. Admin. Code § 399-10-010 Organization and operation of the public works board.

Wash. Admin. Code § 399-10-015 General powers of the board.

Wash. Admin. Code § 399-10-020 Board meetings.

Wash. Admin. Code § 399-10-030 Communications with the board.

Chapter 399-20 Public records.

Wash. Admin. Code § 399-20-010 Purpose.

Wash. Admin. Code § 399-20-020 Definitions.

Wash. Admin. Code § 399-20-030 Public records available.

Wash. Admin. Code § 399-20-040 Public records officer.

Wash. Admin. Code § 399-20-060 Office hours.

Wash. Admin. Code § 399-20-070 Requests for public records.

Wash. Admin. Code § 399-20-080 Copying.

Wash. Admin. Code § 399-20-090 Exemptions.

Wash. Admin. Code § 399-20-100 Review of denials of public records requests.

Wash. Admin. Code § 399-20-110 Protection of public records.

Chapter 399-30 Public works loans and pledges.

Wash. Admin. Code § 399-30-010 Purpose.

Wash. Admin. Code § 399-30-020 Definitions.

Wash. Admin. Code § 399-30-024 Maximum award.

Wash. Admin. Code § 399-30-025 Public works financing powers—Establishment of interest rates—Competitive bids on projects.

Wash. Admin. Code § 399-30-030 Applications for construction and preconstruction financial assistance.

Wash. Admin. Code § 399-30-032 What are the requirements for meeting the Growth Management Act under RCW 43.155.070?

Wash. Admin. Code § 399-30-033 How will the board address a "public health need" under RCW 43.155.070?

Wash. Admin. Code § 399-30-034 How will the board address "substantial environmental degradation" as found in RCW 43.155.070?

Wash. Admin. Code § 399-30-040 Application evaluation procedure and board deliberations—Construction and preconstruction loan or grant programs.

Wash. Admin. Code § 399-30-045 Application evaluation procedure and board deliberations—Emergency loan program.

Wash. Admin. Code § 399-30-060 Loan and financing guarantee loan agreements for the construction loan program.

Wash. Admin. Code § 399-30-065 Emergency loan and financing guarantee loan agreements.

Wash. Admin. Code § 399-30-070 Loans or grants for preconstruction activities.

Wash. Admin. Code § 399-30-080 Reporting.

Wash. Admin. Code § 399-30-085 Loans and grants for public works projects—Statement of environmental benefits—Sustainable asset management best practices—Development of outcome-focused performance measures.

Chapter 399-40 Compliance with State Environmental Policy Act.

Wash. Admin. Code § 399-40-010 Purpose.

Wash. Admin. Code § 399-40-020 Statement.

Chapter 399-50 Ethics in public service.

Wash. Admin. Code § 399-50-010 Definitions.

Wash. Admin. Code § 399-50-020 Interest in contracts or loan agreements, projects, or loans.

Wash. Admin. Code § 399-50-030 Interest in transactions.

Chapter 399-80 Public works board broadband.

Wash. Admin. Code § 399-80-010 Broadband service expansion grant and loan program.

Wash. Admin. Code § 399-80-020 Statewide broadband account.

Wash. Admin. Code § 399-80-030 Public works board other rules.

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