Revised Code of Washington
Chapter 43.155 - Public Works Projects.
43.155.070 - Eligibility, priority, limitations, and exceptions—Report.

RCW 43.155.070
Eligibility, priority, limitations, and exceptions—Report.

(1) To qualify for financial assistance under this chapter the board must determine that a local government meets all of the following conditions:
(a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility plan; and
(c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive financial assistance under this chapter unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving financial assistance under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 that has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 may apply for and receive financial assistance under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before executing a contractual agreement for financial assistance with the board.
(3) In considering awarding financial assistance for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, the board must consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(4)(a) 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:
(i) Whether the project is critical in nature and would affect the health and safety of many people;
(ii) The extent to which the project leverages other funds;
(iii) The extent to which the project is ready to proceed to construction;
(iv) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
(v) Whether the project promotes the sustainable use of resources and environmental quality, as applicable;
(vi) Whether the project consolidates or regionalizes systems;
(vii) Whether the project encourages economic development through mixed-use and mixed income development consistent with chapter 36.70A RCW;
(viii) Whether the system is being well-managed in the present and for long-term sustainability;
(ix) Achieving equitable distribution of funds by geography and population;
(x) The extent to which the project meets the following state policy objectives:
(A) Efficient use of state resources;
(B) Preservation and enhancement of health and safety;
(C) Abatement of pollution and protection of the environment;
(D) Creation of new, family-wage jobs, and avoidance of shifting existing jobs from one Washington state community to another;
(E) Fostering economic development consistent with chapter 36.70A RCW;
(F) Efficiency in delivery of goods and services and transportation; and
(G) Reduction of the overall cost of public infrastructure;
(xi) Whether the applicant sought or is seeking funding for the project from other sources; and
(xii) Other criteria that the board considers necessary to achieve the purposes of this chapter.
(b) 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:
(i) The total number of applications and amount of funding requested for public works projects;
(ii) A list and description of projects approved in the preceding fiscal year with project scores against the board's prioritization criteria;
(iii) The total amount of loan and grants disbursements made from the public works assistance account in the preceding fiscal year;
(iv) The total amount of loan repayments in the preceding fiscal year for outstanding loans from the public works assistance account;
(v) The total amount of loan repayments due for outstanding loans for each fiscal year over the following ten-year period; and
(vi) The total amount of funds obligated and timing of when the funds were obligated in the preceding fiscal year.
(c) The maximum amount of funding that the board may provide for any jurisdiction is ten million dollars per biennium.
(5) 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.
(6) Before September 1st of each year, the board must develop and submit to the appropriate fiscal committees of the senate and house of representatives a description of the loans and grants made under RCW 43.155.065 and 43.155.068.
(7) The board may not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds to the board for the purpose of funding public works projects under this chapter.
(8) To qualify for loans, grants, or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70A.205 RCW.
(9) 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.
(10) 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.
(11) The board must implement policies and procedures designed to maximize local government consideration of other funds to finance local infrastructure.

[ 2021 c 65 § 49; 2017 3rd sp.s. c 10 § 9; 2015 3rd sp.s. c 3 § 7033; 2013 2nd sp.s. c 19 § 7032; 2013 c 275 § 3; 2012 c 196 § 9; 2009 c 518 § 16; 2008 c 299 § 25. Prior: 2007 c 341 § 24; 2007 c 231 § 2; 2001 c 131 § 5; 1999 c 164 § 602; 1997 c 429 § 29; 1996 c 168 § 3; 1995 c 363 § 3; 1993 c 39 § 1; 1991 sp.s. c 32 § 23; 1990 1st ex.s. c 17 § 82; 1990 c 133 § 6; 1988 c 93 § 3; 1987 c 505 § 40; 1985 c 446 § 12.]
NOTES:

Explanatory statement—2021 c 65: See note following RCW 53.54.030.

Effective date—2015 3rd sp.s. c 3: See note following RCW 43.160.080.

Effective date—2013 2nd sp.s. c 19: See note following RCW 43.34.080.

Short title—2008 c 299: See note following RCW 76.15.020.

Effective date—2007 c 341: See RCW 90.71.907.

Findings—Recommendations—Reports encouraged—2007 c 231: "(1) The legislature finds that permit programs have been legislatively established to protect the health, welfare, economy, and environment of Washington's citizens and to provide a fair, competitive opportunity for business innovation and consumer confidence. The legislature also finds that uncertainty in government processes to permit an activity by a citizen of Washington state is undesirable and erodes confidence in government. The legislature further finds that in the case of projects that would further economic development in the state, information about the permitting process is critical for an applicant's planning and financial assessment of the proposed project. The legislature also finds that applicants have a responsibility to provide complete and accurate information.
(2) The legislature recommends that applicants be provided with the following information when applying for a development permit from a city, county, or state agency:
(a) The minimum and maximum time an agency will need to make a decision on a permit, including public comment requirements;
(b) The minimum amount of information required for an agency to make a decision on a permit;
(c) When an agency considers an application complete for processing;
(d) The minimum and maximum costs in agency fees that will be incurred by the permit applicant; and
(e) The reasons for a denial of a permit in writing.
(3) In providing this information to applicants, an agency should base estimates on the best information available about the permitting program and prior applications for similar permits, as well as on the information provided by the applicant. New information provided by the applicant subsequent to the agency estimates may change the information provided by an agency per subsection (2) of this section. Project modifications by an applicant may result in more time, more information, or higher fees being required for permit processing.
(4) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.
(5) City, county, and state agencies issuing development permits are encouraged to track the progress in providing the information to applicants per subsection (2) of this section by preparing an annual report of its performance for the preceding fiscal year. The report should be posted on its website [and] made available and provided to the appropriate standing committees of the senate and house of representatives." [ 2007 c 231 § 1.]

Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.

Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.

Effective date—1997 c 429 §§ 29, 30: "Sections 29 and 30 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 19, 1997]." [ 1997 c 429 § 55.]

Severability—1997 c 429: See note following RCW 36.70A.3201.

Finding—Purpose—1995 c 363: See note following RCW 43.155.068.

Effective date—1993 c 39: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 39 § 2.]

Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.

Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.

Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

Findings—Severability—1990 c 133: See notes following RCW 36.94.140.