CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5949
Chapter 375, Laws of 2024
68th Legislature
2024 Regular Session
CAPITAL BUDGET—2023-2025 SUPPLEMENTAL
EFFECTIVE DATE: March 29, 2024—Except for sections 1017, 1025, 1027,
1028, 1029, 1037, 1038, 2017, 3012, 3013, 3014, 3015, 3016, 3027,
3034, 3037, 3038, 5019, 5021, 5022, 5023, 5025, 5026, and 5036,
which take effect January 1, 2025.
Passed by the Senate March 6, 2024 CERTIFICATE
Yeas 46 Nays 0
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED
SUBSTITUTE SENATE BILL 5949 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House March 6, 2024 hereon set forth.
Yeas 96 Nays 0
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved March 29, 2024 11:15 AM FILED
April 1, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE SENATE BILL 5949
AS AMENDED BY THE HOUSE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Ways & Means (originally sponsored by Senators Mullet and
Schoesler; by request of Office of Financial Management)
READ FIRST TIME 02/20/24.
1 AN ACT Relating to the capital budget; amending RCW 70A.65.305,
2 79.64.020, 79A.25.210, 70A.305.190, 43.19.125, 79.22.060, 79.70.100,
3 79.71.060, and 43.63A.750; amending 2023 c 474 ss 6049, 1007, 1011,
4 1013, 1016, 1017, 1020, 1022, 1023, 1024, 1025, 1028, 1032, 1019,
5 1035, 1041, 6076, 1038, 1026, 1045, 1046, 1047, 1054, 1055, 1061,
6 1062, 1065, 1070, 2026, 6148, 2031, 2035, 2044, 2046, 2049, 3028,
7 3032, 3046, 6352, 3051, 3050, 3056, 3062, 3065, 3066, 3064, 3060,
8 3055, 3080, 3102, 3115, 3120, 3122, 5001, 5002, 5003, 5005, 5006,
9 5008, 5013, 5015, 5031, 5032, 5033, 5038, 5056, 5072, 6236, 5082,
10 5085, 5086, 5087, 5089, 6002, 6029, 6043, 6047, 6051, 6053, 6066,
11 6055, 6052, 6028, 6031, 6016, 6027, 6045, 6061, 6068, 6084, 6073,
12 6097, 6104, 6105, 6135, 6164, 6165, 6179, 6228, 6328, 6336, 6337,
13 6366, 6376, 6392, 6460, 6528, 6496, 8001, and 8002 (uncodified);
14 adding new sections to 2023 c 474 (uncodified); creating new
15 sections; repealing 2023 c 474 ss 1034, 6083, 6343, 6489, and 6490
16 (uncodified); providing effective dates; and declaring an emergency.
17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
18 NEW SECTION. Sec. 1. A supplemental capital budget is hereby
19 adopted and, subject to the provisions set forth in this act, the
20 several dollar amounts hereinafter specified, or so much thereof as
21 shall be sufficient to accomplish the purposes designated, are hereby
p. 1 ESSB 5949.SL
1 appropriated and authorized to be incurred for capital projects
2 during the period beginning with the effective date of this act and
3 ending June 30, 2025, out of the several funds specified in this act.
4 PART 1
5 GENERAL GOVERNMENT
6 Sec. 1001. 2023 c 474 s 6049 (uncodified) is amended to read as
7 follows:
8 FOR THE DEPARTMENT OF COMMERCE
9 2022 Local & Community Projects (40000230)
10 The ((reappropriation)) appropriations in this section ((is)) are
11 subject to the following conditions and limitations:
12 (1) The reappropriation is subject to the provisions of section
13 7012 of this act, except that:
14 (a) $2,000,000 of the reappropriation is for the Tiny House
15 Villages (Seattle) project, and not the Tiny House Villages and
16 Cottages (Seattle) project; and
17 (b) $206,000 of the reappropriation is for the Renton Housing
18 Repair Assistance Program (Renton) project, and not the 300 Rainier
19 Ave Building (Renton) project.
20 (2) The department must reimburse the city of Chelan for its
21 expenditures for the Chelan municipal airport extension project. The
22 amount of the reimbursement to the city of Chelan under this section
23 may not exceed the amount appropriated for the Chelan municipal
24 airport extension project in section 1022, chapter 296, Laws of 2022.
25 (3) ((It is the intent of the legislature to appropriate
26 funding)) $1,000,000 of the appropriation in this section is for the
27 remaining costs of the Chelan municipal airport extension project
28 ((in fiscal year 2024)).
29 Reappropriation:
30 State Building Construction Account—State. . . . . . $117,688,000
31 Appropriation:
32 State Building Construction Account—State. . . . . . . $1,000,000
33 Prior Biennia (Expenditures). . . . . . . . . . . . . $51,879,000
34 Future Biennia (Projected Costs). . . . . . . . . . . . . . . $0
35 TOTAL. . . . . . . . . . . . . . . . . . . . (($169,567,000))
36 $170,567,000
p. 2 ESSB 5949.SL
1 Sec. 1002. 2023 c 474 s 1007 (uncodified) is amended to read as
2 follows:
3 FOR THE DEPARTMENT OF COMMERCE
4 2023-25 Energy Retrofits and Solar Power for Public Buildings
5 (40000283)
6 The appropriation in this section is subject to the following
7 conditions and limitations:
8 (1) (($22,500,000)) $14,500,000 of the appropriation in this
9 section is provided solely for grants to local governments, public
10 higher education institutions, school districts, tribal governments,
11 and state agencies for improvements to facilities and related
12 projects that result in energy and operational cost savings.
13 (a) At least 20 percent of each competitive grant round is
14 designated for award to eligible projects in small cities or towns
15 with a population of 5,000 or fewer residents.
16 (b) In each competitive round, a higher energy savings to
17 investment ratio must result in a higher project ranking. Priority
18 consideration must be given to applicants that have not received
19 grant awards for this purpose in prior biennia.
20 (c) The department must determine a minimum match ratio to
21 maximize the leverage of nonstate funds.
22 (2) $22,500,000 of the appropriation in this section is provided
23 solely for grants to be awarded in competitive rounds to local
24 governments, public higher education institutions, school districts,
25 tribal governments, and state agencies for projects that involve the
26 purchase and installation of solar energy systems, including solar
27 modules and inverters, with a preference for products manufactured in
28 Washington.
29 (a) At least 20 percent of each competitive grant round is
30 designated for award to eligible projects in small cities or towns
31 with a population of 5,000 or fewer residents.
32 (b) In each competitive round, a higher energy savings to
33 investment ratio must result in a higher project ranking. Priority
34 consideration must be given to applicants that have not received
35 grant awards for this purpose in prior biennia.
36 (c) The department must determine a minimum match ratio to
37 maximize the leverage of nonstate funds.
38 (3) $5,000,000 of the appropriation in this section is provided
39 solely for the energy efficiency and environmental performance
p. 3 ESSB 5949.SL
 1 improvements to minor works, stand-alone, and emergency projects at
2 facilities owned by agencies that repair or replace existing building
3 systems and reduce greenhouse gas emissions from state operations,
4 including, but not limited to, HVAC, lighting, insulation, windows,
5 and other mechanical systems. Eligibility for this funding is
6 dependent on an analysis using the office of financial management's
7 life-cycle cost tool that compares project design alternatives for
8 initial and long-term cost-effectiveness. Assuming a reasonable
9 return on investment, the department shall provide grants in the
10 amount required to improve the project's energy efficiency compared
11 to the original project request.
12 (4) $4,000,000 of the appropriation in this section is provided
13 solely for the Washington state association of counties to provide
14 funding for energy audits on county-owned tier 1 and tier 2 covered
15 buildings and collect and manage data on the costs for counties to
16 comply with the requirements of RCW 19.27A.210 and 19.27A.250.
17 (a) The Washington state association of counties may award grants
18 to counties with qualifying buildings to assess current energy
19 performance and determine the approximate costs of facility and
20 system upgrades to meet state energy performance standards in chapter
21 19.27A RCW.
22 (b) The Washington state association of counties shall submit to
23 the appropriate committees of the legislature no later than December
24 31, 2025, a report detailing the current energy performance of each
25 county-owned tier 1 and tier 2 building for which an energy audit was
26 completed with the funding provided in this subsection (4), and an
27 estimate of the costs for bringing each building into compliance with
28 the state energy performance standards in chapter 19.27 RCW.
29 (c) Up to 12 percent of the amount of the grants awarded in (a)
30 of this subsection may be retained by the Washington state
31 association of counties for administrative costs.
32 (5) $4,000,000 of the appropriation in this section is provided
33 solely for the association of Washington cities to provide funding
34 for energy audits on city-owned tier 1 and tier 2 covered buildings
35 and collect and manage data on the costs for cities to comply with
36 the requirements of RCW 19.27A.210 and 19.27A.250.
37 (a) The association of Washington cities may award grants to
38 cities with qualifying buildings to assess current energy performance
39 and determine the approximate costs of facility and system upgrades
40 to meet state energy performance standards in chapter 19.27A RCW.
p. 4 ESSB 5949.SL
 1 (b) The association of Washington cities shall submit to the
2 appropriate committees of the legislature no later than December 31,
3 2025, a report detailing the current energy performance of each city-
4 owned tier 1 and tier 2 building for which an energy audit was
5 completed with the funding provided in this subsection (5), and an
6 estimate of the costs for bringing each building into compliance with
7 the state energy performance standards in chapter 19.27 RCW.
8 (c) Up to 12 percent of the amount of the grants awarded in (a)
9 of this subsection may be retained by the association of Washington
10 cities for administrative costs.
11 (6) The department shall develop metrics that indicate the
12 performance of energy efficiency efforts.
13 (((5))) (7) If a grant is provided in subsection (1) or (3) of
14 this section to purchase heating devices or systems, the agency must,
15 whenever possible and most cost effective, select devices and systems
16 that do not use fossil fuels.
17 (((6))) (8) Grants provided in subsections (1)((, (2), and))
18 through (3) of this section to state agencies are exempt from the
19 match requirements in this section.
20 Appropriation:
21 Climate Commitment Account—State. . . . . . . . . . . $50,000,000
22 Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $0
23 Future Biennia (Projected Costs). . . . . . . . . . $200,000,000
24 TOTAL. . . . . . . . . . . . . . . . . . . . . . $250,000,000
25 Sec. 1003. 2023 c 474 s 1011 (uncodified) is amended to read as
26 follows:
27 FOR THE DEPARTMENT OF COMMERCE
28 Pacific Tower Capital Improvements (40000287)
29 Appropriation:
30 State Building Construction Account—State. . . . . (($6,464,000))
31 $6,587,000
32 Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $0
33 Future Biennia (Projected Costs). . . . . . . . . . . $6,061,000
34 TOTAL. . . . . . . . . . . . . . . . . . . . (($12,525,000))
35 $12,648,000
p. 5 ESSB 5949.SL
1 Sec. 1004. 2023 c 474 s 1013 (uncodified) is amended to read as
2 follows:
3 FOR THE DEPARTMENT OF COMMERCE
4 2023-25 Broadband Infrastructure Federal Match Projects
5 (40000290)
6 The appropriations in this section are subject to the following
7 conditions and limitations:
8 (1)(a) $50,000,000 of the state building construction account—
9 state appropriation in this section is provided solely as match for
10 federal authority allocated under this section and section 7017 of
11 this act for the statewide broadband office to administer the
12 broadband equity, access, and deployment state grants program in
13 section 60102 of P.L. 117-58 (infrastructure investment and jobs
14 act). Expenditure of the amount in this subsection is contingent on
15 the receipt of this grant funding.
16 (b) To the extent permitted by federal law, the office shall
17 provide state match only for projects where the lead applicant is a
18 public or tribal government entity. The office must allocate state
19 match funds in a manner that prioritizes projects based on
20 affordability, fair labor practices, speed to deployment, open
21 access, local and tribal coordination, and the provision of digital
22 navigation services, as outlined in the scoring criteria contained in
23 the plan submitted by the office to the national telecommunications
24 and information administration.
25 (c) The legislature intends to provide sufficient funds to match
26 federal funds available during the 2025-2027 fiscal biennium.
27 (2) In addition to scoring and weighting criteria established
28 pursuant to the federal broadband equity, access, and deployment
29 program, the state broadband office must establish additional
30 secondary selection criteria, including, but not limited to, criteria
31 that give weight to projects that:
32 (a) Provide open-access wholesale last-mile broadband service for
33 the useful life of the subsidized networks on fair, equal, and
34 neutral terms to all potential retail providers; and
35 (b) Demonstrate support from the local government or any tribal
36 government with oversight over the location or locations to be
37 served.
38 (3) The statewide broadband office must include, in the five-year
39 action plan developed using initial planning funds from the broadband
p. 6 ESSB 5949.SL
 1 equity, access, and deployment program funded under P.L. 117-58
2 (infrastructure investment and jobs act):
3 (a) Consideration of broadband infrastructure projects that use
4 wireless technology in order to expand access at the lowest cost to
5 the most unserved or underserved residents; and
6 (b) Steps the office will take to promote: The use of existing
7 infrastructure; dig-once policies; streamlined permitting processes;
8 and cost-effective access to poles, conduits, easements, and rights-
9 of-way. To the extent permitted under federal law, the office must
10 consider creating a pool of grant funds dedicated to pole costs.
11 (4) $300,000 of the general fund—federal appropriation provided
12 in this section is for a staff position dedicated to advising the
13 statewide broadband office on the availability and feasibility of
14 deploying new and emerging technologies in broadband internet
15 service.
16 Appropriation:
17 General Fund—Federal. . . . . . . . . . . . . . (($150,000,000))
18 $245,560,000
19 State Building Construction Account—State. . . . . . $50,000,000
20 Subtotal Appropriation. . . . . . . . . . . (($200,000,000))
21 $295,560,000
22 Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $0
23 Future Biennia (Projected Costs). . . . . . . . (($150,000,000))
24 $1,132,194,000
25 TOTAL. . . . . . . . . . . . . . . . . . . . (($350,000,000))
26 $1,427,754,000
27 Sec. 1005. 2023 c 474 s 1016 (uncodified) is amended to read as
28 follows:
29 FOR THE DEPARTMENT OF COMMERCE
30 Capital Pre-Development Funding (40000293)
31 The appropriation in this section is subject to the following
32 conditions and limitations: Of the amounts provided in this section,
33 $3,800,000 is provided solely for the LETI Incubator for Family
34 Success project in Eve