Title 39 — Title 39 PUBLIC CONTRACTS AND INDEBTEDNESS
56 chapters · 633 sections in this title.
RCW 39.35A.010 Findings.
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The legislature finds that:(1) Conserving energy and water in publicly owned buildings will have a beneficial effect on our overall supply of energy and water;(2) Conserving energy and water in publicly owned buildings can result in cost savings for taxpayers; and(3) Performance-…
RCW 39.35A.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1)(a) "Conservation" includes reduced:(i) Energy consumption;(ii) Energy demand;(iii) Energy cost; or(iv) Greenhouse gas emissions.(b)(i) "Conservation" includes reduction…
RCW 39.35A.030 Performance-based contracts for water conservation services, solid waste reduction services, and energy equipment and services.
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(1) Each municipality shall publish in advance its requirements to procure water conservation services, solid waste reduction services, or energy equipment and services under a performance-based contract. The announcement shall state concisely the scope and nature of the equipmen…
RCW 39.35A.040 Application of other procurement requirements.
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If a municipality chooses, by resolution or other appropriate mechanism, to negotiate a performance-based contract under this chapter, no otherwise applicable statutory procurement requirement applies.[ 1985 c 169 s 4.]
RCW 39.35A.050 Energy service contractor registry—Identification of performance-based contracting services.
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The state department of enterprise services shall maintain a registry of energy service contractors and provide assistance to municipalities in identifying available performance-based contracting services.[ 2015 c 225 s 46; 2001 c 214 s 19.]Notes:Severability—Effective date—2001 …
RCW 39.35A.060 Conservation—Distributed energy resources.
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For purposes of this chapter:(1) Conservation may be achieved through the deployment of distributed energy resources; and(2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand respons…
RCW 39.35B.010 Legislative findings.
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The legislature finds that:(1) Operating costs of a facility over its lifetime may greatly exceed the initial cost of the facility;(2) In the planning, design, and funding for new construction or major renovation of state-owned facilities it is desirable to consider not only the …
RCW 39.35B.020 Legislative declaration.
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The legislature declares that:(1) It is the policy of the state to consider life-cycle costs in the selection of facility design alternatives, to the full extent practical, reasonable, and cost-effective;(2) Life-cycle cost should be considered by the state government, school dis…
RCW 39.35B.030 Intent.
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It is the intent of the legislature to:(1) Expand the definition and use of "life-cycle cost" and "life-cycle cost analysis" to include consideration of all operating costs, as opposed to only energy-related costs as addressed by chapter 39.35 RCW;(2) Encourage the recognition, d…
RCW 39.35B.040 Implementation.
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The principal executives of all state agencies are responsible for implementing the policy set forth in this chapter. The office of financial management in conjunction with the department of enterprise services may establish guidelines for compliance by the state government and i…
RCW 39.35B.050 Life-cycle cost model and analysis—Duties of the office of financial management.
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The office of financial management shall:(1) Design and implement a cost-effective life-cycle cost model by October 1, 2008, based on the work completed by the joint legislative audit and review committee in January 2007 and in consultation with legislative fiscal committees;(2) …
RCW 39.35C.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source. If these forms are electricity and thermal energy, th…
RCW 39.35C.020 State agency and school district conservation projects—Implementation—Department assistance.
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(1) Each state agency and school district shall implement cost-effective conservation improvements and maintain efficient operation of its facilities in order to minimize energy consumption and related environmental impacts and reduce operating costs. Each state agency shall unde…
RCW 39.35C.025 Energy audit of school district facilities—Completion dates—Identification, implementation of cost-effective energy conservation measures.
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(1) Except as provided in subsections (2) and (3) of this section, each school district shall conduct an energy audit of its facilities. This energy audit may be conducted by contract or by other arrangement, including appropriate district staff. Performance-based contracting sha…
RCW 39.35C.030 Department coordination of conservation development with utilities.
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(1) The department shall consult with the local utilities to develop priorities for energy conservation projects pursuant to this chapter, cooperate where possible with existing utility programs, and consult with the local utilities prior to implementing projects in their service…
RCW 39.35C.040 Sale of conserved energy.
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(1) It is the intent of this chapter that the state, state agencies, and school districts are compensated fairly for the energy savings provided to utilities and be allowed to participate on an equal basis in any utility conservation program, bidding, or solicitation process. Sta…
RCW 39.35C.050 Authority of state agencies and school districts to implement conservation—Energy as a service contracts.
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In addition to any other authorities conferred by law:(1) The department, with the consent of the state agency or school district responsible for a facility, a state or regional university acting independently, and any other state agency or school district acting through the depa…
RCW 39.35C.060 Authority to finance conservation in state agencies, public school districts, public universities, and municipalities.
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State agencies, public school districts, public universities, and municipalities may use financing contracts under chapter 39.94 RCW, as well as performance-based contracts, to provide all or part of the funding for conservation projects. The department shall determine the eligib…
RCW 39.35C.070 Development of cogeneration projects.
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(1) Consistent with the region's need to develop cost-effective, high-efficiency electric energy resources, the state shall investigate and, if appropriate, pursue development of cost-effective opportunities for cogeneration in existing or new state facilities.(2) To assist state…
RCW 39.35C.080 Sale of cogenerated electricity and thermal energy.
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It is the intention of chapter 201, Laws of 1991 that the state and its agencies are compensated fairly for the energy provided to utilities from cogeneration at state facilities. Such compensation may include revenues from sales of electricity or thermal energy to utilities, lea…
RCW 39.35C.090 Additional authority of state agencies.
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In addition to any other authorities conferred by law:(1) The department, with the consent of the state agency responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by l…
RCW 39.35C.130 Adoption of rules.
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The department may adopt rules to implement RCW 39.35C.020 through 39.35C.040, 39.35C.070, 39.35C.080, and 39.35.050.[ 1996 c 186 s 416; 1991 c 201 s 17.]Notes:Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
RCW 39.35C.140 Conservation—Distributed energy resources.
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For purposes of this chapter:(1) Conservation may be achieved through the deployment of distributed energy resources; and(2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand respons…
RCW 39.35C.150 Private-public partnerships—Performance-based contracts—Report.
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(1) The objective of chapter 309, Laws of 2023 is to promote private-public partnerships to reduce the amount of deferred maintenance required by the clean building performance standard and decarbonize buildings and central energy systems in public facilities in a cost-effective …
RCW 39.35D.010 Finding—Intent.
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(1) The legislature finds that public buildings can be built and renovated using high-performance methods that save money, improve school performance, and make workers more productive. High-performance public buildings are proven to increase student test scores, reduce worker abs…
RCW 39.35D.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of enterprise services.(2) "High-performance public buildings" means high-performance public buildings designed, constructed, and cert…
RCW 39.35D.030 Standards for major facility projects—Annual reports.
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(1) All major facility projects of public agencies receiving any funding in a state capital budget, or projects financed through a financing contract as defined in RCW 39.94.020, must be designed, constructed, and certified to at least the LEED silver standard. This subsection ap…
RCW 39.35D.040 Public school district major facility projects—Standards—Annual reports—Advisory committee.
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(1) All major facility projects of public school districts receiving any funding in a state capital budget must be designed and constructed to at least the LEED silver standard or the Washington sustainable school design protocol. To the extent appropriate LEED silver or Washingt…
RCW 39.35D.050 Annual reports—Submission to legislature.
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On or before January 1, 2009, the department and the superintendent of public instruction shall summarize the reports submitted under RCW 39.35D.030(4) and 39.35D.040(3) and submit the individual reports to the legislative committees on capital budget and ways and means for revie…
RCW 39.35D.060 Guidelines for administration of chapter—Amendment of fee schedules—Architecture and engineering services—Building commissioning—Preproposal conferences—Advisory committee.
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(1)(a) The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter for public agencies. The purpose of the guidelines is to define a procedure and method for employing and verifying activities necessary for cert…
RCW 39.35D.070 Liability for failure to meet standards.
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A member of the design or construction teams may not be held liable for the failure of a major facility project to meet the LEED silver standard or other LEED standard established for the project as long as a good faith attempt was made to achieve the LEED standard set for the pr…
RCW 39.35D.080 Affordable housing projects—Exemption.
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Except as provided in this section, affordable housing projects funded out of the state capital budget are exempt from the provisions of this chapter. On or before July 1, 2008, the department of commerce shall identify, implement, and apply a sustainable building program for aff…
RCW 39.35D.090 Use of local building materials and products—Intent.
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It is the intent and an established goal of the LEED program as authored by the United States green building council to increase demand for building materials and products that are extracted and manufactured locally, thereby reducing the environmental impacts and to support the l…
RCW 39.35D.100 Water efficient landscaping techniques—Intent—Athletic fields, other project elements—Wildfire ignition resistant landscaping.
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(1)(a) The legislature intends to encourage the use of landscaping design techniques that meet the highest standards for water efficiency in the design and construction of state-funded buildings. Except as provided in subsection (2) of this section, any public agency, public scho…
RCW 39.35D.800 Performance review—Report.
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The joint legislative audit and review committee, or its successor legislative agency, shall conduct a performance review of the high-performance buildings program established under this chapter.(1) The performance audit shall include, but not be limited to:(a) The identification…
RCW 39.36.010 Definitions.
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The term "taxing district" as herein used shall be held to mean and embrace all counties, cities, towns, townships, port districts, school districts, metropolitan park districts or other municipal corporations which now, or may hereafter exist.The term "the last assessed valuatio…
RCW 39.36.015 "Value of the taxable property" defined.
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Whenever used in chapter 42, Laws of 1970 ex. sess., the term "value of the taxable property" shall mean the actual value of the taxable property in a taxing district incurring indebtedness, as the term "taxing district" is defined in RCW 39.36.010, to be ascertained by the last …
RCW 39.36.020 Limitation of indebtedness prescribed.
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(1) Except as otherwise expressly provided by law or in subsections (2), (3) and (4) of this section, no taxing district shall for any purpose become indebted in any manner to an amount exceeding three-eighths of one percent of the value of the taxable property in such taxing dis…
RCW 39.36.030 Computation of indebtedness.
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(1) Whenever it shall be necessary to compute the indebtedness of a taxing district for bonding or any other indebtedness purposes, taxes levied for the current year and cash on hand received for the purpose of carrying on the business of such taxing district for such current yea…
RCW 39.36.040 Authorizations in violation of chapter void.
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All orders, authorizations, allowances, contracts, payments or liabilities to pay, made or attempted to be made in violation of this chapter, shall be absolutely void and shall never be the foundation of a claim against a taxing district.[ 1994 c 81 s 75; 1923 c 45 s 1; 1917 c 14…
RCW 39.36.050 Ballot proposition authorizing indebtedness—Excess property tax levies.
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The governing body of a taxing district desiring to place a ballot proposition authorizing indebtedness before the voters may submit the proposition at any special election held on the dates authorized in RCW 29A.04.330. The ballot proposition shall include the maximum amount of …
RCW 39.36.060 Chapter not applicable to loan agreements under chapter 39.69 RCW.
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This chapter does not apply to a loan made pursuant to a loan agreement under chapter 39.69 RCW, and any computation of indebtedness under this chapter shall exclude the amount of any loan under such a loan agreement.[ 1987 c 19 s 5.]
RCW 39.36.900 Validation—1969 c 142.
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All bonds heretofore issued, or heretofore voted and which may have been or may hereafter be issued, by any taxing district pursuant to any of the foregoing sections as amended or for any of the purposes authorized by any of said sections are hereby validated.[ 1969 c 142 s 6.]
RCW 39.40.010 Forty percent poll of voters required.
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No general obligation bonds of any county, port district, or metropolitan park district upon which a vote of the people is required under existing laws shall be issued, nor shall they become a lien upon the taxable property within such county or district unless, in addition to al…
RCW 39.40.020 Existing election laws to apply.
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In all such elections the provisions of existing law with respect to registration, opening and closing of registration books and the duties of officers and the appointment and selection of election officials shall apply.[ 1925 c 13 s 2; RRS s 5646-2.]Notes:Election laws in genera…
RCW 39.40.030 Certification of votes—Canvass.
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The election officials in each of the precincts included within any such district shall, as soon as possible and in no case later than five days after the closing of the polls of any election involving the issuance of bonds, certify to the county auditor of the county within whic…
RCW 39.40.040 Prior bonds not affected.
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This chapter shall not affect the validity or the issuance of any such bonds voted at any lawful election held prior to the taking effect of this chapter.[ 1925 c 13 s 4; RRS s 5646-4.]
RCW 39.42.010 Scope of application.
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This chapter shall apply to all bonds, notes and other evidences of indebtedness of the state authorized by the legislature after *the effective date of this chapter, unless otherwise provided in the authorizing acts.[ 1971 ex.s. c 184 s 1.]Notes:*Reviser's note: For "the effecti…
RCW 39.42.020 Evidences of indebtedness—Issuance—Signature.
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Bonds, notes or other evidences of indebtedness shall be issued by the state finance committee. They may be issued at one time or in a series from time to time. The maturity date of each series shall be determined by the state finance committee, but in no case shall any bonds mat…
RCW 39.42.030 Evidences of indebtedness—Issuance—State finance committee, duties and powers.
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(1) The state finance committee shall meet not less than twice per calendar year and shall determine by resolution the amount, date or dates, terms, conditions, covenants, denominations, interest rate or rates (which may be fixed or variable), maturity or maturities, redemption r…