SB 5167

CERTIFICATION OF ENROLLMENT
  ENGROSSED SUBSTITUTE SENATE BILL 5167
  Chapter 424, Laws of 2025
  (partial veto)
  69th Legislature
  2025 Regular Session
  OPERATING BUDGET
EFFECTIVE DATE: May 20, 2025—Except for section 940, which takes
  effect July 1, 2025.
Passed by the Senate April 27, 2025  CERTIFICATE
  Yeas 28 Nays 19
  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 5167      as
  passed by the Senate and the House
  of Representatives on the dates
Passed by the House April 27, 2025     hereon set forth.
  Yeas 52 Nays 45
  SARAH BANNISTER
  LAURIE JINKINS
  Secretary
Speaker of the House of
Representatives
Approved May 20, 2025 3:40 PM with  FILED
the exception of certain items that
were vetoed (see veto message).  May 20, 2025
  Secretary of State
  BOB FERGUSON  State of Washington
Governor of the State of Washington
  ENGROSSED SUBSTITUTE SENATE BILL 5167
  AS RECOMMENDED BY THE CONFERENCE COMMITTEE
  Passed Legislature - 2025 Regular Session
State of Washington  69th Legislature      2025 Regular Session
By Senate Ways & Means (originally sponsored by Senators Robinson and
Nobles; by request of Office of Financial Management)
READ FIRST TIME 03/28/25.
1     AN ACT Relating to fiscal matters; amending RCW 9.46.100,
2 15.76.115, 18.04.105, 18.20.430, 18.43.150, 18.51.060, 18.85.061,
3 19.28.351, 28B.76.525, 28B.99.030, 28C.04.535, 28C.10.082, 34.12.130,
4 39.12.080, 40.14.024, 40.14.025, 40.14.026, 41.05.120, 41.06.280,
5 41.06.285, 41.50.110, 41.50.150, 41.50.255, 41.80.010, 43.07.410,
6 43.09.282, 43.09.475, 43.19.025, 43.24.150, 43.41.450, 43.79.567,
7 43.101.200,    43.101.220,   43.216.828,     43.320.110,    43.330.184,
8 43.330.250, 44.90.070, 46.09.510, 46.09.520, 46.66.080, 50.16.010,
9 50.24.014, 51.44.190, 67.16.285, 67.70.044, 70.79.350, 70.128.160,
10 70A.65.250,   70A.65.260,   70A.65.300,    70A.200.140,    70A.305.180,
11 70A.305.190, 71.24.580, 74.31.060, 74.46.581, 76.04.511, 77.12.170,
12 77.44.050, 77.105.150, 79.64.040, 80.01.080, 81.88.050, 82.86.050,
13 86.26.007, 34.12.130, 38.40.200, 38.40.210, 38.40.220, 43.07.130,
14 43.330.365,   46.66.080,   51.44.170,    53.20.090,    72.09.780,   and
15 80.01.080; amending 2024 c 376 ss 101, 102, 112, 113, 114, 115, 116,
16 118, 119, 120, 121, 122, 125, 127, 128, 129, 130, 131, 133, 138, 139,
17 141, 142, 144, 146, 149, 150, 153, 201, 202, 203, 204, 205, 206, 207,
18 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 220, 221, 222, 223,
19 224, 225, 226, 227, 228, 229, 230, 302, 303, 304, 305, 306, 307, 308,
20 309, 310, 311, 401, 402, 501, 503, 504, 506, 507, 508, 509, 510, 511,
21 512, 513, 515, 516, 517, 518, 519, 520, 523, 601, 602, 603, 604, 605,
22 606, 607, 608, 609, 612, 613, 702, 703, 704, 706, 707, 713, 717, 801,
23 802, 803, and 804, 2023 c 475 ss 128, 712, and 738, 2023 sp.s. c 1 s
  p. 1  ESSB 5167.SL
1  35, and 2024 c 328 s 204 (uncodified); reenacting and amending RCW
2  28B.93.060, 36.22.175, 41.26.450, 43.79.195, 43.83B.430, 43.155.050,
3  70A.65.030, 71.24.890, and 79.64.110; reenacting and amending 2023 c
4  475 s 912 and 2024 c 376 s 906 (uncodified); adding a new section to
5  2024   c    376   (uncodified);   creating  new   sections;   making
6  appropriations; providing an effective date; providing an expiration
7  date; and declaring an emergency.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9     NEW SECTION.    Sec. 1.    (1) A budget is hereby adopted and,
10 subject to the provisions set forth in the following sections, the
11 several amounts specified in parts I through IX of this act, or so
12 much thereof as shall be sufficient to accomplish the purposes
13 designated, are hereby appropriated and authorized to be incurred for
14 salaries, wages, and other expenses of the agencies and offices of
15 the state and for other specified purposes for the fiscal biennium
16 beginning July 1, 2025, and ending June 30, 2027, except as otherwise
17 provided, out of the several funds of the state hereinafter named.
18     (2)   Unless  the   context   clearly  requires    otherwise, the
19 definitions in this section apply throughout this act.
20     (a) "Fiscal year 2026" or "FY 2026" means the fiscal year ending
21 June 30, 2026.
22     (b) "Fiscal year 2027" or "FY 2027" means the fiscal year ending
23 June 30, 2027.
24     (c) "FTE" means full time equivalent.
25     (d) "Lapse" or "revert" means the amount shall return to an
26 unappropriated status.
27     (e) "Provided solely" means the specified amount may be spent
28 only for the specified purpose. Unless otherwise specifically
29 authorized in this act, any portion of an amount provided solely for
30 a specified purpose which is not expended subject to the specified
31 conditions and limitations to fulfill the specified purpose shall
32 lapse.
33PART I
34GENERAL GOVERNMENT
35    NEW SECTION.   Sec. 101.   FOR THE HOUSE OF REPRESENTATIVES
36 General Fund—State Appropriation (FY 2026). . . . . . . . $61,985,000
  p. 2  ESSB 5167.SL
1 General Fund—State Appropriation (FY 2027). . . . . . . . $65,250,000
2TOTAL APPROPRIATION. . . . . . . . . . . . . . . $127,235,000
3    NEW SECTION.    Sec. 102.   FOR THE SENATE
4 General Fund—State Appropriation (FY 2026). . . . . . . . $45,521,000
5 General Fund—State Appropriation (FY 2027). . . . . . . . $50,984,000
6TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $96,505,000
7     NEW SECTION.    Sec. 103.     FOR THE JOINT LEGISLATIVE AUDIT AND
8 REVIEW COMMITTEE
9 Performance Audits of Government Account—State
10     Appropriation. . . . . . . . . . . . . . . . . . . .    $13,910,000
11TOTAL APPROPRIATION. . . . . . . . . . . . . . .    $13,910,000
12     The appropriations in this section are subject to the following
13 conditions and limitations:
14     (1) Notwithstanding the provisions of this section, the joint
15 legislative audit and review committee may adjust the due dates for
16 projects included on the committee's 2025-2027 work plan as necessary
17 to efficiently manage workload.
18     (2)(a) $400,000 of the performance audits of government account—
19 state appropriation is for the joint legislative audit and review
20 committee to review the department of children, youth, and families
21 juvenile rehabilitation programs as listed on the committee's
22 approved work plan, including:
23     (i) Review the department of children, youth, and families
24 juvenile rehabilitation program's existing processes and staffing
25 methodology used for determining adequate staffing ratios to meet the
26 confinement and rehabilitative needs of the juveniles and ensure
27 public safety;
28     (ii)   Review   procedures   and    protocols   for  professional
29 development, hiring and recruitment, and training for staff serving
30 youth in juvenile rehabilitation institutions, with a focus on how
31 staff are trained to implement rehabilitative practices;
32     (iii) Review youth access to programming, treatment, and services
33 including, but not limited to, educational programming, treatment and
34 services for youth experiencing substance use disorder, behavioral
35 health treatment, available reentry services such as housing, job
36 training, and other supports, access to technology services, family
37 and community connections, and other programming and services offered
  p. 3  ESSB 5167.SL
1 by the department to provide youth with rehabilitation and
2 restorative interventions;
3     (iv) Review existing security and safety measures, including the
4 use of disciplinary procedures for total isolation and room
5 confinement, adopted by the department and their effectiveness in
6 meeting the unique needs of the juvenile population in the custody of
7 the department;
8     (v) Review how often and how many youth face new juvenile or
9 adult criminal offense charges, convictions, or both while residing
10 at   juvenile   rehabilitation  institutions  and   potential  future
11 consequences that may occur as a result such as sentence extension,
12 likelihood of recidivism, health impacts, and effects regarding
13 criminal records;
14     (vi) Assess gender equity regarding education, employment, and
15 career options for female youth;
16     (vii) Review how staffing impacts youth-on-youth conflict and
17 safety;
18     (viii) Review best practices from other states regarding security
19 and safety measures, programming opportunities, reentry supports,
20 staff training and professional development, and staffing ratios, and
21 identify options that may be feasible to adopt in Washington state to
22 increase public safety and the security, programming options,
23 treatment services, and rehabilitation mission of the department's
24 juvenile rehabilitation institutions;
25     (ix) Review the department's existing processes for responding to
26 critical incidents, including communication and cooperation with
27 local law enforcement, and identify areas for improvement; and
28     (x) Review the impacts of changes in average daily population,
29 longer lengths of stay, longer sentences, increases in maximum age of
30 release, increases in more serious offense types and adult sentences,
31 and related effects of chapter 322, Laws of 2019.
32     (b) The joint legislative audit and review committee shall report
33 its findings and recommendations to the governor and the appropriate
34 committees of the legislature by June 30, 2026. The report shall
35 include recommendations on supporting the juvenile rehabilitation
36 program's efforts to gradually move young people from carceral
37 settings to least restrictive environments to improve positive
38 reentry outcomes.
39     (3) $400,000 of the performance audits of government account—
40 state appropriation is for the joint legislative audit and review
  p. 4  ESSB 5167.SL
1 committee to evaluate the ignition interlock device revolving account
2 including the compliance and monitoring results associated with the
3 device requirements, as listed on the committee's approved work plan.
4 The evaluation must include but is not limited to the following:
5     (a) An assessment of the compliance rates for individuals with a
6 legal requirement to have an ignition interlock device installed on
7 their vehicle;
8     (b) A review of impediments of barriers to individual compliance
9 with ignition interlock device installation and use requirements;
10     (c) An examination of state and local agency performance in
11 monitoring and enforcing ignition interlock device requirements; and
12     (d) Prioritized recommendations of potential procedural, policy,
13 or statutory changes, including additional fiscal resources to state
14 or local agencies which will improve ignition interlock device
15 compliance rates. The joint legislative and audit review committee
16 must prioritize the evaluation of compliance and results associated
17 with the state's ignition interlock device requirements in its work
18 plan for the 2025-2027 fiscal biennium.
19     (4) $150,000 of the performance audits of government account—
20 state appropriation is for the joint legislative audit and review
21 committee to review the department of natural resources long-term
22 forest health planning and sustainable harvest approach as listed on
23 the committee's approved work plan.
24     (5) Within the amount appropriated in this section, the joint
25 legislative audit and review committee shall conduct the audit
26 required under Second Substitute House Bill No. 1715 (energy
27 standard/comply cost).
28     NEW SECTION.    Sec. 104.    FOR     THE   LEGISLATIVE   EVALUATION   AND
29 ACCOUNTABILITY PROGRAM COMMITTEE
30 Performance Audits of Government Account—State
31     Appropriation. . . . . . . . . . . . . . . . . . . . .       $5,607,000
32TOTAL APPROPRIATION. . . . . . . . . . . . . . . .       $5,607,000
33     NEW SECTION.    Sec.   105.   FOR    THE   JOINT   LEGISLATIVE   SYSTEMS
34 COMMITTEE
35 General Fund—State Appropriation (FY 2026). . . . . . . . $23,263,000
36 General Fund—State Appropriation (FY 2027). . . . . . . . $22,084,000
37TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $45,347,000
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1      The appropriations in this section are subject to the following
2  conditions and limitations:
3      (1) Within the amounts provided in this section, the joint
4  legislative systems committee shall provide information technology
5  support, including but not limited to internet service, for the
6  district offices of members of the house of representatives and the
7  senate.
8     (2) $1,003,000 of the general fund—state appropriation for fiscal
9 year 2026 is provided solely for purchasing IT equipment for the
10 Pritchard building.
11     NEW SECTION.    Sec. 106.     FOR THE OFFICE OF STATE LEGISLATIVE
12 LABOR RELATIONS
13 General Fund—State Appropriation (FY 2026). . . . . . . . .    $919,000
14 General Fund—State Appropriation (FY 2027). . . . . . . . . $933,000
15TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $1,852,000
16    NEW SECTION.    Sec. 107.   FOR THE OFFICE OF THE STATE ACTUARY
17 General Fund—State Appropriation (FY 2026). . . . . . . . .    $404,000
18 General Fund—State Appropriation (FY 2027). . . . . . . . .    $422,000
19 State Health Care Authority Administrative Account—
20     State Appropriation. . . . . . . . . . . . . . . . . . .   $318,000
21 Department of Retirement Systems Expense Account—
22     State Appropriation. . . . . . . . . . . . . . . . . .    $7,684,000
23 School Employees' Insurance Administrative Account—
24     State Appropriation. . . . . . . . . . . . . . . . . . . $265,000
25TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $9,093,000
26     The appropriations in this section are subject to the following
27 conditions and limitations: The select committee on pension policy
28 shall study and report on the tax, legal, actuarial, pension policy,
29 and administrative implications of merging the legacy pension systems
30 as contemplated in Substitute Senate Bill No. 5085 (closed retirement
31 plans) and terminating plan 1 of the law enforcement officers' and
32 firefighters' retirement system as contemplated in Substitute House
33 Bill No. 2034 (LEOFF 1 restatement). The department of retirement
34 systems, the attorney general's office, the office of the state
35 treasurer, the Washington state investment board, and the office of
36 the state actuary shall provide the select committee on pension
37 policy with assistance as requested. The select committee on pension
  p. 6  ESSB 5167.SL
1 policy shall submit a report to include key findings to the fiscal
2 committees of the legislature by January 9, 2026.
3    NEW SECTION.    Sec. 108.    FOR THE STATUTE LAW COMMITTEE
4 General Fund—State Appropriation (FY 2026). . . . . . . .       $6,429,000
5 General Fund—State Appropriation (FY 2027). . . . . . . .       $6,245,000
6TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $12,674,000
7     NEW SECTION.    Sec. 109.     FOR THE OFFICE OF LEGISLATIVE SUPPORT
8 SERVICES
9 General Fund—State Appropriation (FY 2026). . . . . . . .        $6,568,000
10 General Fund—State Appropriation (FY 2027). . . . . . . . $6,926,000
11TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $13,494,000
12     NEW SECTION. Sec. 110. LEGISLATIVE AGENCIES
13     In order to achieve operating efficiencies within the financial
14 resources available to the legislative branch, the executive rules
15 committee of the house of representatives and the facilities and
16 operations committee of the senate by joint action may transfer funds
17 among the house of representatives, senate, joint legislative audit
18 and review committee, legislative evaluation and accountability
19 program committee, joint transportation committee, office of the
20 state actuary, joint legislative systems committee, statute law
21 committee, office of state legislative labor relations, and office of
22 legislative support services.
23    NEW SECTION.    Sec. 111.    FOR THE SUPREME COURT
24 General Fund—State Appropriation (FY 2026). . . . . . . . $15,979,000
25 General Fund—State Appropriation (FY 2027). . . . . . . . $16,247,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $32,226,000
27    NEW SECTION.    Sec. 112.    FOR THE COMMISSION ON JUDICIAL CONDUCT
28 General Fund—State Appropriation (FY 2026). . . . . . . .        $2,935,000
29 General Fund—State Appropriation (FY 2027). . . . . . . .        $2,863,000
30TOTAL APPROPRIATION. . . . . . . . . . . . . . . .       $5,798,000
31    NEW SECTION.    Sec. 113.    FOR THE COURT OF APPEALS
32 General Fund—State Appropriation (FY 2026). . . . . . . . $27,987,000
33 General Fund—State Appropriation (FY 2027). . . . . . . . $28,640,000
  p. 7  ESSB 5167.SL
1TOTAL APPROPRIATION. . . . . . . . . . . . . . .      $56,627,000
2     *NEW SECTION.   Sec. 114.   FOR THE ADMINISTRATOR FOR THE COURTS
3  General Fund—State Appropriation (FY 2026). . . . . . .     $108,147,000
4  General Fund—State Appropriation (FY 2027). . . . . . .     $109,947,000
5  General Fund—Federal Appropriation. . . . . . . . . . . .     $2,209,000
6  General Fund—Private/Local Appropriation. . . . . . . . . .     $681,000
7  Judicial Stabilization Trust Account—State
8      Appropriation. . . . . . . . . . . . . . . . . . . .     $36,639,000
9 Judicial Information Systems Account—State
10     Appropriation. . . . . . . . . . . . . . . . . . . .     $79,530,000
11 Opioid Abatement Settlement Account—State
12     Appropriation. . . . . . . . . . . . . . . . . . . . . . $940,000
13TOTAL APPROPRIATION. . . . . . . . . . . . . . . $338,093,000
14     The appropriations in this section are subject to the following
15 conditions and limitations:
16     (1) The distributions made under this section and distributions
17 from the county criminal justice assistance account made pursuant to
18 section 801 of this act constitute appropriate reimbursement for
19 costs for any new programs or increased level of service for purposes
20 of RCW 43.135.060.
21    (2)(a) $2,000,000 of the general fund—state appropriation for
22 fiscal   year  2026  and   $2,000,000  of  the   general  fund—state
23 appropriation for fiscal year 2027 are provided solely for
24 distribution to county juvenile court administrators for the costs
25 associated with processing and case management of truancy, children
26 in need of services, and at-risk youth referrals. The administrator
27 for   the   courts,   in   conjunction  with   the   juvenile  court
28 administrators, shall develop an equitable funding distribution
29 formula. The formula must neither reward counties with higher than
30 average per-petition/referral processing costs nor shall it penalize
31 counties with lower than average per-petition/referral processing
32 costs.
33     (b) Each fiscal year during the 2025-2027 fiscal biennium, each
34 county shall report the number of petitions processed and the total
35 actual costs of processing truancy, children in need of services, and
36 at-risk youth petitions. Counties shall submit the reports to the
37 administrator for the courts no later than 45 days after the end of
38 the   fiscal   year.  The   administrator   for   the  courts   shall
  p. 8  ESSB 5167.SL
1 electronically transmit this information to the chairs and ranking
2 minority members of the house of representatives and senate fiscal
3 committees no later than 60 days after a fiscal year ends. These
4 reports are informational in nature and are not for the purpose of
5 distributing funds.
6     (3) $6,000,000 of the judicial stabilization trust account—state
7 appropriation is provided solely for distribution to local courts for
8 costs associated with the court-appointed attorney and visitor
9 requirements set forth in the uniform guardianship act, chapter
10 11.130 RCW. If the amount provided in this subsection is insufficient
11 to fully fund the local court costs, distributions must be reduced on
12 a proportional basis to ensure that expenditures remain within the
13 available funds provided in this subsection.
14    (4) $500,000 of the general fund—state appropriation for fiscal
15 year 2026 and $500,000 of the general fund—state appropriation for
16 fiscal year 2027 are provided solely for the administrative office of
17 the courts to use as matching funds to distribute to small municipal
18 and county courts, located in a rural county as defined in RCW
19 43.160.020, for the purpose of increasing security for court
20 facilities. Grants must be used solely for security equipment and
21 services for municipal, district, and superior courts and may not be
22 used for staffing or administrative costs.
23     (5) $5,937,000 of the judicial stabilization trust account—state
24 appropriation is provided solely to establish a direct refund process
25 to individuals to refund legal financial obligations, collection
26 costs, and document-verified costs paid to third parties previously
27 paid by defendants whose convictions have been vacated by court order
28 due to the State v. Blake ruling. Superior court clerks, district
29 court administrators, and municipal court administrators must certify
30 and send to the office the amount of any refund ordered by the court.
31 The court order must either contain the amount of the refund or
32 provide language for the clerk or court administrator to certify to
33 the office the amount to be refunded to the individual.
34    (6) $870,000 of the general fund—state appropriation for fiscal
35 year 2026 and $870,000 of the general fund—state appropriation for
36 fiscal year 2027 are provided solely for activities of the office
37 relating to the resentencing or vacating convictions of individuals
38 and refund of legal financial obligations and costs associated with
39 the State v. Blake ruling. In addition to contracting with cities and
  p. 9  ESSB 5167.SL
1 counties for the disbursement of funds appropriated for resentencing
2 costs, the office must:
3     (a) Collaborate with superior court clerks, district court
4 administrators, and municipal court administrators to prepare
5 comprehensive reports, based on available court records, of all cause
6 numbers impacted by State v. Blake going back to 1971. Such reports
7 must include the refund amount related to each cause number;
8     (b) In collaboration with the office of public defense and the
9 office of civil legal aid, establish a process that can be used by
10 individuals seeking a refund, provide individuals information
11 regarding the application process necessary to claim a refund, and
12 issue payments from the refund bureau to individuals certified in
13 subsection (5) of this section; and
14     (c) Collaborate with counties and municipalities to adopt
15 standard coding for application to State v. Blake convictions and to
16 develop a standardized practice regarding vacated convictions.
17     (7) $7,563,000 of the judicial stabilization trust account—state
18 appropriation is provided solely to assist counties and cities with
19 costs of complying with the State v. Blake decision that arise from
20 their role in operating the state's criminal justice system,
21 including resentencing, vacating prior convictions for simple drug
22 possession, to include cannabis and possession of paraphernalia, and
23 certifying refunds of legal financial obligations and collections
24 costs. The office shall contract with counties and cities for
25 judicial, clerk, defense, and prosecution expenses for these purposes
26 if requested by a county or city. A county or city may designate the
27 office to use available funding to administer a vacate process, or a
28 portion of the vacate process, on behalf of the county or city. The
29 office must collaborate with counties and cities to adopt standard
30 coding for application to Blake convictions and to develop a
31 standardized practice regarding vacated convictions.
32     (8) $4,188,000 of the judicial stabilization trust account—state
33 appropriation is provided solely for decision-making assistance
34 pursuant to chapter 267, Laws of 2024 (2SSB 5825). During the fiscal
35 biennium, in conformity with RCW 2.72.030, the administrative office
36 of the courts shall collect uniform and consistent data on decision
37 making assistance to include, but not limited to: The number of
38 requests for decision making assistance received from hospitals, the
39 number of guardianships and less restrictive alternatives to
  p. 10  ESSB 5167.SL
1 guardianships provided, the support and housing provided, and any
2 other data related to case monitoring and management.
3      (9) $242,000 of the general fund—state appropriation for fiscal
4  year 2026 is provided solely for implementation of Engrossed Second
5  Substitute House Bill No. 1163 (firearms purchase). If the bill is
6  not enacted by June 30, 2025, the amount provided in this subsection
7  shall lapse.
8     (10) $520,000 of the judicial stabilization trust account—state
9 appropriation is provided solely for pilot self-help centers in two
10 courthouses, one on each side of the state.
11     (11) $79,000 of the general fund—state appropriation for fiscal
12 year 2026 and $75,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for implementation of Engrossed
14 House Bill No. 1219 (interbranch advisory comm.). If the bill is not
15 enacted by June 30, 2025, the amounts provided in this subsection
16 shall lapse.
17     (12) $249,000 of the general fund—state appropriation for fiscal
18 year 2026 and $133,000 of the general fund—state appropriation for
19 fiscal year 2027 are provided solely for implementation of Second
20 Substitute House Bill No. 1391 (court alternatives/youth). If the
21 bill is not enacted by June 30, 2025, the amounts provided in this
22 subsection shall lapse.
23     (13) $1,094,000 of the general fund—state appropriation for
24 fiscal year 2027 is provided solely for the statewide fiscal impact
25 on Thurston county courts. It is the intent of the legislature that
26 this policy will be continued in subsequent fiscal biennia.
27     (14) $500,000 of the general fund—state appropriation for fiscal
28 year 2026 and $500,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely to address data quality issues
30 across Washington state court management systems.
31     (15) $12,000 of the general fund—state appropriation for fiscal
32 year 2026 is provided solely for the administrative office of the
33 courts for data management and research related to conducting
34 statewide research on the proportionality of court charges in
35 Washington state based on race and ethnicity.
*Sec. 114 was partially vetoed. See message at end of chapter.
36     NEW SECTION.     Sec. 115.    FOR THE OFFICE OF PUBLIC DEFENSE
37 General Fund—State Appropriation (FY 2026). . . . . . . . $83,336,000
  p. 11  ESSB 5167.SL
1 General Fund—State Appropriation (FY 2027). . . . . . . . $84,113,000
2 Judicial Stabilization Trust Account—State
3     Appropriation. . . . . . . . . . . . . . . . . . . .    $19,056,000
4TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $186,505,000
5     The appropriations in this section are subject to the following
6 conditions and limitations:
7     (1) $900,000 of the general fund—state appropriation for fiscal
8 year 2026 and $900,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for the purpose of improving the
10 quality of trial court public defense services as authorized by
11 chapter 10.101 RCW. The office of public defense must allocate these
12 amounts so that $450,000 per fiscal year is distributed to counties,
13 and $450,000 per fiscal year is distributed to cities, for grants
14 under chapter 10.101 RCW.
15     (2) $2,632,000 of the general fund—state appropriation for fiscal
16 year 2026 and $2,812,000 of the general fund—state appropriation for
17 fiscal year 2027 are provided solely for the office of public defense
18 to administer contracts for appellate attorneys to cover a backlog of
19 case assignments and increasing workload associated with indigent
20 appeals. The office shall provide training for contracted attorneys.
21     (3)(a) $8,615,000 of the judicial stabilization trust account—
22 state appropriation is provided solely to:
23     (i) Assist counties and cities with public defense services
24 related to vacating the convictions of defendants and/or resentencing
25 for defendants whose convictions or sentences are affected by the
26 State v. Blake decision. The office of public defense will:
27     (A) Provide statewide attorney training, technical assistance,
28 data analysis and reporting, and quality oversight, to administer
29 financial assistance for public defense costs related to State v.
30 Blake impacts;
31     (B) Maintain a triage team to provide statewide support to the
32 management and flow of hearings for individuals impacted by the State
33 v. Blake decision; and
34     (C) Assist counties and cities in providing counsel for
35 defendants seeking to vacate a conviction and/or be resentenced under
36 State v. Blake. Assistance shall be allocated to counties and cities
37 based upon a formula established by the office of public defense.
38 Counties may receive assistance by applying for grant funding and/or
39 designating the office of public defense to contract directly with
  p. 12  ESSB 5167.SL
1 counsel. The office of public defense shall contract directly with
2 counsel to assist cities under this subsection; and
3     (ii) Administer statutory duties under RCW 2.70.200 through the
4 simple possession advocacy and representation program.
5     (b) Of the amounts provided in this subsection, the office of
6 public defense may utilize up to $5,000 for fiscal year 2026 and
7 $5,000 for fiscal year 2027 to address emergency needs for clients
8 served by the simple possession advocacy and representation program.
9 Temporary, limited assistance may be made available to address short
10 term urgent needs that, if unaddressed, could cause clients to miss
11 court dates or fail to engage in court-ordered services. The office
12 of public defense shall establish eligibility criteria and an
13 expedited process for reviewing financial assistance requests
14 submitted by SPAR program contractors.
15    (4) $40,000 of the general fund—state appropriation for fiscal
16 year 2026 and $40,000 of the general fund—state appropriation for
17 fiscal year 2027 are provided solely for the office of public defense
18 to address emergency safety assistance and other urgent needs for
19 clients served by the parents representation program. Temporary,
20 limited assistance may be made available for short-term housing,
21 utilities, transportation, food assistance, and other urgent needs
22 that, if unaddressed, could adversely impact dependency case outcomes
23 and impede successful family reunification. The office of public
24 defense shall utilize eligibility criteria and an expedited process
25 for reviewing financial assistance requests submitted by parents
26 representation program contractors.
27    (5) $500,000 of the general fund—state appropriation for fiscal
28 year 2026 and $500,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely for the parents for parents
30 program, as established by RCW 2.70.060 through 2.70.090. Funds must
31 be used to maintain and improve the parents for parents service
32 model, including host organizations and county coordinators.
33     (6) $300,000 of the general fund—state appropriation for fiscal
34 year 2026 is provided solely for the office of public defense to
35 contract with a nonprofit organization in eastern Washington
36 providing peer-led reentry services such as peer coaching, basic
37 needs, housing resources, behavioral health treatment, family
38 support, civic engagement, and voting education. The organization
39 must have a history of collaboration with the department of
  p. 13  ESSB 5167.SL
1  corrections to provide trainings on trauma to individuals reentering
2  the community after incarceration. The organization shall provide
3  comprehensive trainings, resources and referrals to individuals with
4  a history of reentry from incarceration.
5     (7)   $13,600,000   of    the    general   fund—state   appropriation   for
6 fiscal    year   2026   and   $13,600,000      of   the   general    fund—state
7 appropriation for fiscal year 2027 are provided solely for the office
8 of public defense to administer funds to counties and cities pursuant
9 to formulas established in RCW 10.101.050 through 10.101.080.
10     (8) $1,808,000 of the judicial stabilization trust account—state
11 appropriation is provided solely for implementation of chapter 293,
12 Laws of 2024 (2SSB 5780).
13     (9) $102,000 of the general fund—state appropriation for fiscal
14 year 2026 and $102,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for implementation of Substitute
16 Senate Bill No. 5149 (early childhood court prg.). If the bill is not
17 enacted by June 30, 2025, the amounts provided in this subsection
18 shall lapse.
19     NEW SECTION.    Sec. 116.       FOR THE OFFICE OF CIVIL LEGAL AID
20 General Fund—State Appropriation (FY 2026). . . . . . . . $66,083,000
21 General Fund—State Appropriation (FY 2027). . . . . . . . $64,483,000
22 Judicial Stabilization Trust Account—State
23     Appropriation. . . . . . . . . . . . . . . . . . . . . $1,464,000
24TOTAL APPROPRIATION. . . . . . . . . . . . . . . $132,030,000
25     The appropriations in this section are subject to the following
26 conditions and limitations:
27     (1) $8,611,000 of the general fund—state appropriation for fiscal
28 year 2026 and $8,611,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely for the appointed counsel
30 program for children and youth in dependency cases under RCW
31 13.34.212(3) in accordance with revised practice, caseload, and
32 training standards adopted by the supreme court commission on
33 children in foster care. The amounts provided in this subsection
34 incudes funding for implementation of Senate Bill No. 5761
35 (dependency/attorney appt.).
36     (2) $2,579,000 of the general fund—state appropriation for fiscal
37 year 2026 and $2,579,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for the provision of civil legal
  p. 14  ESSB 5167.SL
1 information, advice, and representation for tenants at risk of
2 eviction but not yet eligible for appointed counsel services under
3 RCW 59.18.640.
4     (3)   $19,612,000   of   the   general   fund—state   appropriation   for
5 fiscal year     2026 and $16,898,000  of   the general fund—state
6 appropriation   for fiscal year 2027  are   provided solely for the
7 appointed counsel program for tenants in unlawful detainer cases
8 established in RCW 59.18.640. The office of civil legal aid shall
9 assign priority to providing legal representation to indigent tenants
10 in those counties in which the most evictions occur and to indigent
11 tenants who are disproportionately at risk of eviction, as provided
12 in RCW 59.18.640.
13     (4) An amount not to exceed $40,000 of the general fund—state
14 appropriation for fiscal year 2026 and an amount not to exceed
15 $40,000 of the general fund—state appropriation for fiscal year 2027
16 may be used to provide telephonic legal advice and assistance to
17 otherwise eligible persons who are 60 years of age or older on
18 matters authorized by RCW 2.53.030(2) (a) through (k) regardless of
19 household income or asset level.
20     (5) $604,000 of the general fund—state appropriation for fiscal
21 year 2026 and $607,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely to the office of civil legal aid
23 to maintain a kinship care legal advice phone line and support
24 program. The program provides guidance and legal advice to kinship
25 caregivers on topics including kinship care, guardianship, the child
26 welfare system, and issues related to child custody.
27     (6) $2,000,000 of the general fund—state appropriation for fiscal
28 year 2026 and $2,000,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely for the office of civil legal
30 aid to continue civil legal aid services for survivors of domestic
31 violence, including legal services for protection order proceedings,
32 family law cases, immigration assistance, and other civil legal
33 issues arising from or related to the domestic violence they
34 experienced.
35    (7) $1,007,000 of the general fund—state appropriation for fiscal
36 year 2026 and $1,022,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for the office of civil legal
38 aid to continue the statewide reentry legal aid project as
39 established in section 115(12), chapter 357, Laws of 2020.
  p. 15  ESSB 5167.SL
1     (8) $204,000 of the general fund—state appropriation for fiscal
2 year 2026 and $204,000 of the general fund—state appropriation for
3 fiscal year 2027 is provided solely for implementation of chapter
4 328, Laws of 2024 (E2SSB 6109).
5     (9) $783,000 of the general fund—state appropriation for fiscal
6 year 2026 and $783,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for the office of civil legal
8 aid to establish a program for the provision of civil legal services
9 to medicaid-eligible long-term care residents being discharged from a
10 provider-owned setting.
11     *NEW SECTION.   Sec. 117.      FOR THE OFFICE OF THE GOVERNOR
12 General Fund—State Appropriation (FY 2026). . . . . . . . $23,479,000
13 General Fund—State Appropriation (FY 2027). . . . . . . . $23,590,000
14 Economic Development Strategic Reserve Account—State
15     Appropriation. . . . . . . . . . . . . . . . . . . . .  $2,215,000
16 GOV Central Service Account—State Appropriation. . . . .  $20,473,000
17 Performance Audits of Government Account—State
18     Appropriation. . . . . . . . . . . . . . . . . . . . . . $854,000
19TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $70,611,000
20     The appropriations in this section are subject to the following
21 conditions and limitations:
22     (1) $1,146,000 of the general fund—state appropriation for fiscal
23 year 2026 and $1,146,000 of the general fund—state appropriation for
24 fiscal year 2027 are provided solely for the office of the education
25 ombuds.
26     (2)   $20,473,000   of   the     GOV     central   service   account—state
27 appropriation is provided solely for the office of equity.
28     (3) $1,187,000 of the general fund—state appropriation for fiscal
29 year 2026 and $1,187,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for implementation of Substitute
31 House Bill No. 1272 (children in crisis program). If the bill is not
32 enacted by June 30, 2025, the amounts provided in this subsection
33 shall lapse. Within amounts provided in this subsection:
34     (a) $1,136,000 of the general fund—state appropriation for fiscal
35 year 2026 and $1,137,000 of the general fund—state appropriation for
36 fiscal year 2027 are provided solely for flexible funding to support
37 children in crisis. Uses of the flexible funding include, but are not
38 limited to:
  p. 16  ESSB 5167.SL
1     (i) Residential, housing, or wraparound supports that facilitate
2 the safe discharge of children in crisis from hospitals;
3     (ii) Support for families and caregivers to mitigate the risk of
4 a child going into or returning to a state of crisis;
5     (iii) Respite and relief services for families and caregivers
6 that would assist in the safe discharge of a child in crisis from a
7 hospital, or prevent or mitigate a child's future hospitalization due
8 to crisis; or
9     (iv) Any support or service that would expedite a safe discharge
10 of a child in crisis from an acute care hospital or that would
11 prevent or mitigate a child's future hospitalization due to crisis.
12     (b)   Flexible  funding   expenditures  may   not   be  used   for
13 administrative expenses.
14     (c) The project director in Substitute House Bill No. 1272
15 (children in crisis program) must approve any expenditures of
16 flexible funding.
17     (4) Within the amounts appropriated in this section, the
18 Washington state office of equity must cofacilitate the Washington
19 digital equity forum with the statewide broadband office.
20     (5) $328,000 of the general fund—state appropriation for fiscal
21 year 2026 and $318,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for implementation of Senate
23 Bill No. 5032 (juvenile rehab ombuds). If the bill is not enacted by
24 June 30, 2025, the amounts provided in this subsection shall lapse.
25     (6) $7,000 of the general fund—state appropriation for fiscal
26 year 2026 and $7,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely for implementation of Senate
28 Bill No. 5199 (DCYF oversight board comp.). If the bill is not
29 enacted by June 30, 2025, the amounts provided in this subsection
30 shall lapse.
31     (7)(a)   $240,000   of   the   general   fund—state   appropriation   for
32 fiscal year 2026 and $100,000 of the general fund—state appropriation
33 for fiscal year 2027 are provided solely for the governor to invite
34 federally   recognized   tribes,    local   governments,    agricultural
35 producers, commercial and recreational fisher organizations, business
36 organizations,    salmon   recovery    organizations,    forestry    and
37 agricultural   organizations,  and    environmental   organizations   to
38 participate in a process facilitated by an independent entity to
39 develop recommendations on proposed changes in policy and spending
  p. 17  ESSB 5167.SL
1 priorities to improve riparian habitat to ensure salmon and steelhead
2 recovery.
3     (i) The independent entity must develop recommendations on
4 furthering riparian funding and policy including, but not limited to,
5 strategies that can attract private investment in improving riparian
6 habitat and developing a regulatory or compensation strategy if
7 voluntary programs do not achieve concrete targets.
8     (ii) Preliminary recommendations shall be submitted to the
9 legislature and governor by June 1, 2026, with a final report by
10 November 15, 2026.
11     (b) The amounts provided in fiscal year 2027 are provided solely
12 for   the  task   force  to   develop  proposals   to  implement  the
13 recommendations submitted in (a) of this subsection. The independent
14 entity must convene a group of interested members of the legislature
15 to provide the task force with background information regarding the
16 recommendations submitted to the legislature, and to support the
17 development of the implementation proposals. A report outlining the
18 implementation proposals is due to the governor and the appropriate
19 committees of the legislature by November 15, 2026.
20     (c) The office of the governor may contract for an independent
21 facilitator. The contract is exempt from the competitive procurement
22 requirements in chapter 39.26 RCW.
23     (8) The appropriations in this section include sufficient funding
24 to implement Engrossed Second Substitute House Bill No. 1131
25 (clemency and pardons board).
*Sec. 117 was partially vetoed. See message at end of chapter.
26     NEW SECTION.     Sec. 118.    FOR THE LIEUTENANT GOVERNOR
27 General Fund—State Appropriation (FY 2026). . . . . . . .  $1,356,000
28 General Fund—State Appropriation (FY 2027). . . . . . . .  $1,416,000
29 General Fund—Private/Local Appropriation. . . . . . . . . . . $90,000
30TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $2,862,000
31     The appropriations in this section are subject to the following
32 conditions and limitations: Within the amounts appropriated in this
33 section, the office of the lieutenant governor shall conduct a review
34 of retail or commercial properties with substantial potential for
35 redevelopment as residential or mixed-use properties providing market
36 rate and affordable housing supply, and identify state or local
37 legislative actions that would reduce costs and accelerate delivery
  p. 18  ESSB 5167.SL
1  of new housing supply. The office shall solicit letters of interest
2  from the owners or developers of such properties to be received no
3  later than September 1, 2025. By December 1, 2025, the office must
4  review the letters of interest and submit a report to the appropriate
5  committees of the legislature identifying state or local legislative
6  actions including, but not limited to, regulatory and tax incentives,
7  permit streamlining, infrastructure assistance, support for local
8  development agreements, or other actions that would accelerate
9  delivery and reduce costs of new housing supply.
10    NEW SECTION.   Sec. 119.   FOR THE PUBLIC DISCLOSURE COMMISSION
11 General Fund—State Appropriation (FY 2026). . . . . . . .    $4,501,000
12 General Fund—State Appropriation (FY 2027). . . . . . . .    $5,851,000
13 Public Disclosure Transparency Account—State
14    Appropriation. . . . . . . . . . . . . . . . . . . . . $3,208,000
15TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $13,560,000
16     The appropriations in this section are subject to the following
17 conditions and limitations:
18     (1) No moneys may be expended from the appropriations in this
19 section to establish an electronic directory, archive, or other
20 compilation of political advertising unless explicitly authorized by
21 the legislature.
22     (2) $2,170,000 of the public disclosure transparency account—
23 state appropriation is provided solely for the public disclosure
24 commission for the purpose of improving the ability of the public to
25 access information about political campaigns, lobbying, and elected
26 officials, and facilitating accurate and timely reporting by the
27 regulated community. The commission must report to the office of
28 financial management and fiscal committees of the legislature by
29 October 31st of each year detailing information on the public
30 disclosure transparency account. The report shall include, but is not
31 limited to:
32     (a) An investment plan of how funds would be used to improve the
33 ability of the public to access information about political
34 campaigns, lobbying, and elected officials, and facilitate accurate
35 and timely reporting by the regulated community;
36     (b) A list of active projects as of July 1st of the fiscal year.
37 This must include a breakdown of expenditures by project and expense
38 type for all current and ongoing projects;
  p. 19  ESSB 5167.SL
1      (c) A list of projects that are planned in the current and
2  following fiscal year and projects the commission would recommend for
3  future funding. The commission must identify priorities, and develop
4  accountability measures to ensure the projects meet intended
5  purposes; and
6      (d) Any other metric or measure the commission deems appropriate
7  to track the outcome of the use of the funds.
8     NEW SECTION.     Sec. 120.       FOR THE SECRETARY OF STATE
9  General Fund—State Appropriation (FY 2026). . . . . . . . $33,025,000
10 General Fund—State Appropriation (FY 2027). . . . . . . . $40,763,000
11 General Fund—Federal Appropriation. . . . . . . . . . . .  $8,822,000
12 Public Records Efficiency, Preservation, and Access
13    Account—State Appropriation. . . . . . . . . . . . .  $12,854,000
14 Charitable Organization Education Account—State
15     Appropriation. . . . . . . . . . . . . . . . . . . . .  $1,305,000
16 Washington State Library Operations Account—State
17     Appropriation. . . . . . . . . . . . . . . . . . . .  $14,891,000
18 Local Government Archives Account—State
19     Appropriation. . . . . . . . . . . . . . . . . . . .  $11,783,000
20 Election Account—Federal Appropriation. . . . . . . . . .  $4,499,000
21 Personnel Service Account—State Appropriation. . . . . . . $1,685,000
22TOTAL APPROPRIATION. . . . . . . . . . . . . . . $129,627,000
23     The appropriations in this section are subject to the following
24 conditions and limitations:
25     (1)   $16,998,000   of    the    general   fund—state   appropriation   for
26 fiscal    year   2026   and   $21,450,000      of   the   general    fund—state
27 appropriation for fiscal year 2027 are provided solely to reimburse
28 counties for the state's share of primary and general election costs
29 and the costs of conducting mandatory recounts on state measures.
30 Counties shall be reimbursed only for those costs that the secretary
31 of state validates as eligible for reimbursement.
32     (2) Any reductions to funding for the Washington talking book and
33 Braille library may not exceed in proportion any reductions taken to
34 the funding for the library as a whole.
35    (3) $75,000 of the general fund—state appropriation for fiscal
36 year 2026 and $75,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for humanities Washington
38 speaker's bureau community conversations.
  p. 20  ESSB 5167.SL
1    (4) $114,000 of the general fund—state appropriation for fiscal
2 year 2026 and $114,000 of the general fund—state appropriation for
3 fiscal year 2027 are provided solely for election reconciliation
4 reporting. Funding provides for one staff to compile county
5 reconciliation reports, analyze the data, and to complete an annual
6 statewide election reconciliation report for every state primary and
7 general election. The report must be submitted annually on July 31,
8 to legislative policy and fiscal committees. The annual report must
9 include statewide analysis and by county analysis on the reasons for
10 ballot rejection and an analysis of the ways ballots are received,
11 counted, rejected and cure data that can be used by policymakers to
12 better understand election administration.
13    (5) $870,000 of the general fund—state appropriation for fiscal
14 year 2026 and $870,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for staff dedicated to the
16 maintenance and operations of the voter registration and election
17 management system. These staff will manage database upgrades,
18 database maintenance, system training and support to counties, and
19 triage and customer service to system users.
20    (6) $8,000,000 of the general fund—state appropriation for fiscal
21 year 2026 and $8,000,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for:
23     (a) Funding the security operations center, including identified
24 needs for expanded operations, systems, technology tools, training
25 resources;
26     (b) Additional staff dedicated to the cyber and physical security
27 of election operations at the office and county election offices;
28     (c) Expanding security assessments, threat monitoring, enhanced
29 security training; and
30     (d) Providing grants to county partners to address identified
31 threats and expand existing grants and contracts with other public
32 and private organizations such as the Washington military department,
33 national guard, private companies providing cyber security, and
34 county election offices.
35    (7) $580,000 of the general fund—state appropriation for fiscal
36 year 2026 and $580,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for the office's migration of
38 its applications and systems to Azure cloud environments, and is
  p. 21  ESSB 5167.SL
1 subject to the conditions, limitations, and review requirements of
2 section 701 of this act.
3    (8) $154,000 of the general fund—state appropriation for fiscal
4 year 2026 and $154,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for the Washington state library
6 branch at Green Hill school.
7    (9) $81,000 of the general fund—state appropriation for fiscal
8 year 2026 and $81,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for intrusion detection systems
10 that prevent election security breaches.
11     (10) $57,000 of the general fund—state appropriation for fiscal
12 year 2026 is provided solely for artifact preservation at Lakeland
13 Village.
14     (11) $237,000 of the general fund—state appropriation for fiscal
15 year 2026 is provided solely for implementation of Senate Bill No.
16 5077 (agency voter registration). If the bill is not enacted by June
17 30, 2025, the amount provided in this subsection shall lapse.
18     (12) $2,226,000 of the general fund—state appropriation for
19 fiscal year 2026 is provided solely for implementation of Senate
20 Joint Resolution No. 8201 (investments/LTSS accounts). If the
21 resolution is not enacted by June 30, 2025, the amount provided in
22 this subsection shall lapse.
23     NEW SECTION.   Sec. 121.   FOR THE GOVERNOR'S OFFICE OF INDIAN
24 AFFAIRS
25 General Fund—State Appropriation (FY 2026). . . . . . . . .   $852,000
26 General Fund—State Appropriation (FY 2027). . . . . . . . .   $833,000
27 Climate Commitment Account—State Appropriation. . . . . . . $506,000
28TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $2,191,000
29     The appropriations in this section are subject to the following
30 conditions and limitations:
31     (1) The office shall assist the department of enterprise services
32 on providing the government-to-government training sessions for
33 federal, state, local, and tribal government employees. The training
34 sessions shall cover tribal historical perspectives, legal issues,
35 tribal sovereignty, and tribal governments. Costs of the training
36 sessions shall be recouped through a fee charged to the participants
37 of each session. The department of enterprise services shall be
  p. 22  ESSB 5167.SL
1 responsible for all of the administrative aspects of the training,
2 including the billing and collection of the fees for the training.
3     (2) The office must report to and coordinate with the department
4 of ecology to track expenditures from climate commitment act
5 accounts, as defined and described in RCW 70A.65.300 and chapter
6 173-446B WAC.
7     NEW SECTION.    Sec. 122.     FOR THE COMMISSION ON ASIAN PACIFIC
8 AMERICAN AFFAIRS
9 General Fund—State Appropriation (FY 2026). . . . . . . . .    $628,000
10 General Fund—State Appropriation (FY 2027). . . . . . . . . $619,000
11TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $1,247,000
12     NEW SECTION.   Sec. 123.   FOR THE STATE TREASURER
13 State Treasurer's Service Account—State
14     Appropriation. . . . . . . . . . . . . . . . . . . .    $24,224,000
15TOTAL APPROPRIATION. . . . . . . . . . . . . . .    $24,224,000
16     NEW SECTION.   Sec. 124.   FOR THE STATE AUDITOR
17 General Fund—State Appropriation (FY 2026). . . . . . . . .    $723,000
18 General Fund—State Appropriation (FY 2027). . . . . . . . .    $737,000
19 Auditing Services Revolving Account—State
20     Appropriation. . . . . . . . . . . . . . . . . . . .    $18,024,000
21 Performance Audits of Government Account—State
22     Appropriation. . . . . . . . . . . . . . . . . . . . . .   $81,000
23TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $19,565,000
24     The appropriations in this section are subject to the following
25 conditions and limitations:
26     (1) $1,870,000 of the performance audit of government account—
27 state appropriation is provided solely for staff and related costs to
28 verify the accuracy of reported school district data submitted for
29 state funding purposes; conduct school district program audits of
30 state-funded public school programs; establish the specific amount of
31 state funding adjustments whenever audit exceptions occur and the
32 amount is not firmly established in the course of regular public
33 school audits; and to assist the state special education safety net
34 committee when requested.
35     (2) $730,000 of the general fund—state appropriation for fiscal
36 year 2026 and $730,000 of the general fund—state appropriation for
  p. 23  ESSB 5167.SL
1 fiscal year 2027 are provided solely for       law   enforcement   audits
2 pursuant to RCW 43.101.460 and 43.101.465.
3     (3) $825,000 of the auditing services revolving account—state
4 appropriation is provided solely for accountability and risk based
5 audits.
6     (4) It is the intent of the legislature that savings assumed in
7 this section from an underspend in audit services be one-time in the
8 2025-2027 fiscal biennium.
9     NEW SECTION. Sec. 125.     FOR THE CITIZENS' COMMISSION ON SALARIES
10 FOR ELECTED OFFICIALS
11 General Fund—State Appropriation (FY 2026). . . . . . . . .     $278,000
12 General Fund—State Appropriation (FY 2027). . . . . . . . .     $318,000
13TOTAL APPROPRIATION. . . . . . . . . . . . . . . . .    $596,000
14    *NEW SECTION.   Sec. 126.   FOR THE ATTORNEY GENERAL
15 General Fund—State Appropriation (FY 2026). . . . . . . . $40,286,000
16 General Fund—State Appropriation (FY 2027). . . . . . . . $34,616,000
17 General Fund—Federal Appropriation. . . . . . . . . . . . $29,506,000
18 General Fund—Private/Local Appropriation. . . . . . . . . .     $104,000
19 Public Service Revolving Account—State Appropriation. . .     $6,568,000
20 New Motor Vehicle Arbitration Account—State
21     Appropriation. . . . . . . . . . . . . . . . . . . . .    $1,934,000
22 Medicaid Fraud Penalty Account—State Appropriation. . . .     $8,735,000
23 Child Rescue Fund—State Appropriation. . . . . . . . . . . . $200,000
24 Legal Services Revolving Account—State Appropriation. .     $435,096,000
25 Local Government Archives Account—State
26     Appropriation. . . . . . . . . . . . . . . . . . . . .    $1,161,000
27 Tobacco Prevention and Control Account—State
28     Appropriation. . . . . . . . . . . . . . . . . . . . . . $275,000
29TOTAL APPROPRIATION. . . . . . . . . . . . . . . $558,481,000
30     The appropriations in this section are subject to the following
31 conditions and limitations:
32     (1) The attorney general shall report each fiscal year on actual
33 legal services expenditures and actual attorney staffing levels for
34 each agency receiving legal services. The report shall be submitted
35 to the office of financial management and the fiscal committees of
36 the senate and house of representatives no later than ninety days
37 after the end of each fiscal year. As part of its by agency report to
  p. 24  ESSB 5167.SL
1 the legislative fiscal committees and the office of financial
2 management, the office of the attorney general shall include
3 information detailing the agency's expenditures for its agency-wide
4 overhead and a breakdown by division of division administration
5 expenses.
6     (2) Prior to entering into any negotiated settlement of a claim
7 against the state that exceeds five million dollars, the attorney
8 general shall notify the director of the office of financial
9 management and the chairs and ranking members of the senate committee
10 on ways and means and the house of representatives committee on
11 appropriations.
12     (3) The attorney general shall annually report to the fiscal
13 committees of the legislature all new cy pres awards and settlements
14 and all new accounts, disclosing their intended uses, balances, the
15 nature of the claim or account, proposals, and intended timeframes
16 for the expenditure of each amount. The report shall be distributed
17 electronically and posted on the attorney general's web site. The
18 report shall not be printed on paper or distributed physically.
19    (4) $1,981,000 of the general fund—state appropriation for fiscal
20 year 2026 and $1,981,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for multi-year arbitrations of
22 the state's diligent enforcement of its obligations to receive
23 amounts withheld from tobacco master settlement agreement payments.
24    (5) $958,000 of the general fund—state appropriation for fiscal
25 year 2026 and $958,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for implementation of a program
27 for receiving and responding to tips from the public regarding risks
28 or potential risks to the safety or well-being of youth, called the
29 YES tip line program. Risks to safety or well-being may include, but
30 are not limited to, harm or threats of harm to self or others, sexual
31 abuse, assault, rape, bullying or cyberbullying, substance use, and
32 criminal acts. Any person contacting the YES tip line, whether for
33 themselves or for another person, must receive timely assistance and
34 not be turned away. The program must operate within the guidelines of
35 this subsection.
36     (a) During the development and implementation of the YES tip line
37 program the attorney general shall convene an advisory committee
38 consisting of representatives from the Washington state patrol, the
39 department of health, the health care authority, the office of the
  p. 25  ESSB 5167.SL
1 superintendent   of  public   instruction,  the   Washington  student
2 achievement council, the Washington association of educational
3 service districts, and other participants the attorney general
4 appoints.
5     (b) The attorney general shall develop and implement policies and
6 processes for:
7     (i) Assessing tips based on the level of severity, urgency, and
8 assistance needed using best triage practices including the YES tip
9 line;
10     (ii) Risk assessment for referral of persons contacting the YES
11 tip line to service providers;
12     (iii) Threat assessment that identifies circumstances requiring
13 the YES tip line to alert law enforcement, mental health services, or
14 other first responders immediately when immediate emergency response
15 to a tip is warranted;
16     (iv) Referral and follow-up on tips to schools or postsecondary
17 institution teams, local crisis services, law enforcement, and other
18 entities;
19     (v) YES tip line information data retention and reporting
20 requirements;
21     (vi) Ensuring the confidentiality of persons submitting a tip and
22 to allow for disclosure when necessary to respond to a specific
23 emergency threat to life; and
24     (vii) Systematic review, analysis, and reporting by the YES tip
25 line program of YES tip line data including, but not limited to,
26 reporting program utilization and evaluating whether the YES tip line
27 is being implemented equitably across the state.
28     (c) The YES tip line shall be operated by a vendor selected by
29 the attorney general through a competitive contracting process. The
30 attorney general shall ensure that the YES tip line program vendor
31 and its personnel are properly trained and resourced. The contract
32 must require the vendor to be bound by confidentiality policies
33 developed by the office. The contract must also provide that the
34 state of Washington owns the data and information produced from the
35 YES tip line and that vendor must comply with the state's data
36 retention, use, and security requirements.
37     (d) The YES tip line program must develop and maintain a
38 reference and best practices tool kit for law enforcement and mental
39 health officials that identifies statewide and community mental
40 health resources, services, and contacts, and provides best practices
  p. 26  ESSB 5167.SL
1 and strategies for investigators to use in investigating cases and
2 assisting youths and their parents and guardians.
3     (e) The YES tip line program must promote and market the program
4 and YES tip line to youth, families, community members, schools, and
5 others statewide to build awareness of the program's resources and
6 the YES tip line. Youth perspectives must be included and consulted
7 in tip line development and implementation including creating
8 marketing campaigns and materials required for the YES tip line
9 program. The insights of youth representing marginalized and minority
10 communities must be prioritized for their invaluable insight. Youths
11 are   eligible   for   stipends   and    reasonable  allowances   for
12 reimbursement, lodging, and travel expenses as provided in RCW
13 43.03.220.
14     (6) $7,000,000 of the legal services revolving fund—state
15 appropriation is provided solely for additional legal services to
16 address additional legal services necessary for dependency actions
17 where the state and federal Indian child welfare act apply. The
18 office must report to the fiscal committees of the legislature within
19 90 days of the close of the fiscal year the following information for
20 new cases initiated in the previous fiscal year to measure quantity
21 and use of this funding:
22     (a) The number and proportion of cases where the state and
23 federal Indian child welfare act (ICWA) applies as compared to non-
24 ICWA new cases;
25     (b) The amount of time spent advising on, preparing for court,
26 and litigating issues and elements related to ICWA's requirements as
27 compared to the amount of time advising on, preparing for court, and
28 litigating issues and elements that are not related to ICWA's
29 requirements;
30     (c) The length of state and federal Indian child welfare act
31 cases as compared to non-ICWA cases measured by time or number of
32 court hearings; and
33     (d) Any other information or metric the office determines is
34 appropriate to measure the quantity and use of the funding in this
35 subsection.
36    (7) $689,000 of the general fund—state appropriation for fiscal
37 year 2026 and $689,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for legal services related to
  p. 27  ESSB 5167.SL
1  the defense of the state and its agencies in a federal environmental
2  cleanup action involving the Quendall terminals superfund site.
3    (8) $216,000 of the general fund—state appropriation for fiscal
4  year 2026 and $216,000 of the general fund—state appropriation for
5  fiscal year 2027 are provided solely for personnel and associated
6  costs to implement and maintain functional operations such as
7 support, records management and disclosure, victim liaisons,      and
8 information technology for the clemency and pardons board.
9    (9) $905,000 of the general fund—state appropriation for fiscal
10 year 2026 and $906,000 of the general fund—state appropriation for
11 fiscal year 2027 are provided solely for implementation of chapter
12 299, Laws of 2024 (hate crimes & bias incidents).
13     (10)(a) $253,000 of the general fund—state appropriation for
14 fiscal year 2026 is provided solely for the office of the attorney
15 general, jointly with the department of health, to operate a task
16 force to provide recommendations to establish a comprehensive public
17 health and community-based framework to combat extremism and mass
18 violence.
19     (b) The office of the attorney general must, in consultation with
20 the department of health, appoint a minimum of 10 members to the task
21 force representing different stakeholder groups including, but not
22 limited to:
23     (i) Community organizations working to address the impacts of or
24 to assist those who are affected by extremism and mass violence;
25     (ii) Law enforcement organizations that gather data about or work
26 to combat extremism and mass violence; and
27     (iii) Public health and nonprofit organizations that work to
28 address the impacts of extremism and mass violence.
29     (c) The office of the attorney general and the department of
30 health may each have no more than one voting member on the task
31 force.
32     (d) The office of the attorney general must provide staff support
33 for the task force.
34     (e) Any reimbursement for nonlegislative members of the task
35 force is subject to chapter 43.03 RCW.
36     (f) The task force must submit a final report to the governor and
37 appropriate committees of the legislature by December 1, 2026. The
38 final report must include legislative and policy recommendations for
39 establishing the comprehensive framework.
  p. 28  ESSB 5167.SL
1     (g) No aspect of this subsection should be construed as a
2 directive to alter any aspect of criminal law, create new criminal
3 penalties, or increase criminal law enforcement.
4      (11) $107,000 of the legal services revolving fund—state
5  appropriation is provided solely for implementation of Engrossed
6  Substitute Senate Bill No. 5291 (long-term services trust). If the
7  bill is not enacted by June 30, 2025, the amount provided in this
8  subsection shall lapse.
9     (12) $22,000 of the legal services revolving fund—state
10 appropriation is provided solely for implementation of Substitute
11 Senate Bill No. 5149 (early childhood court prg.). If the bill is not
12 enacted by June 30, 2025, the amount provided in this subsection
13 shall lapse.
14    (13)   $480,000    of   the   legal     services   revolving    fund—state
15 appropriation is provided solely for implementation of Senate Bill
16 No. 5463 (industrial insurance/duties). If the bill is not enacted by
17 June 30, 2025, the amount provided in this subsection shall lapse.
18     (14) $34,000 of the legal services revolving fund—state
19 appropriation is provided solely for implementation of Substitute
20 Senate Bill No. 5501 (employee driving requirement). If the bill is
21 not enacted by June 30, 2025, the amount provided in this subsection
22 shall lapse.
23    (15) $250,000 of the general fund—state appropriation for fiscal
24 year 2026 and $250,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for the Washington state office
26 of the attorney general to support the continuation of the Washington
27 state missing and murdered indigenous women and people task force and
28 truth and healing tribal advisory committee.
29     (16) $553,000 of the legal services revolving account—state
30 appropriation is provided solely for implementation of Engrossed
31 Second Substitute Senate Bill No. 5217 (pregnancy accommodations). If
32 the bill is not enacted by June 30, 2025, the amount provided in this
33 subsection shall lapse.
34     (17) $45,000 of the general fund—state appropriation for fiscal
35 year 2026 is provided solely for the office to support the
36 underground economy task force created in section 906, chapter 376,
37 Laws of 2024.
38     (18) $44,000     of the legal services revolving account—state
39 appropriation is     provided solely for implementation of Second
  p. 29  ESSB 5167.SL
1 Substitute House Bill No. 1409 (clean fuels program). If the bill is
2 not enacted by June 30, 2025, the amount provided in this subsection
3 shall lapse.
4    (19) $49,000 of the general fund—state appropriation for fiscal
5 year 2026, $49,000 of the general fund—state appropriation for fiscal
6 year 2027, and $58,000 of the legal services revolving account—state
7 appropriation are provided solely for implementation of Second
8 Substitute House Bill No. 1359 (criminal insanity). If the bill is
9 not enacted by June 30, 2025, the amounts provided in this subsection
10 shall lapse.
11    (20) $45,000 of the general fund—state appropriation for fiscal
12 year 2026 and $94,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for implementation of Engrossed
14 Substitute House Bill No. 1483 (digital electronics/repair). If the
15 bill is not enacted by June 30, 2025, the amounts provided in this
16 subsection shall lapse.
17     (21) $545,000 of the legal services revolving account—state
18 appropriation is provided solely for implementation of Engrossed
19 Second Substitute House Bill No. 1163 (firearms purchase). If the
20 bill is not enacted by June 30, 2025, the amount provided in this
21 subsection shall lapse.
22     (22) $33,000 of the legal services revolving account—state
23 appropriation is provided solely for implementation of Second
24 Substitute House Bill No. 1524 (isolated employees). If the bill is
25 not enacted by June 30, 2025, the amount provided in this subsection
26 shall lapse.
27    (23)   $294,000   of   the   public   service   revolving   account—state
28 appropriation and $40,000 of the legal services revolving account—
29 state appropriation are provided solely for implementation of Second
30 Substitute House Bill No. 1514 (low carbon thermal energy). If the
31 bill is not enacted by June 30, 2025, the amounts provided in this
32 subsection shall lapse.
33     (24) $29,000 of the legal services revolving account—state
34 appropriation is provided solely for implementation of Engrossed
35 Second Substitute House Bill No. 1213 (paid family & medical leave).
36 If the bill is not enacted by June 30, 2025, the amount provided in
37 this subsection shall lapse.
38    (25) $94,000 of the general fund—state appropriation for fiscal
39 year 2026 and $94,000 of the general fund—state appropriation for
  p. 30  ESSB 5167.SL
1  fiscal year 2027 are provided solely for implementation of Second
2  Substitute House Bill No. 1217 (residential tenants). If the bill is
3  not enacted by June 30, 2025, the amounts provided in this subsection
4  shall lapse.
5      (26) $394,000 of the public service revolving account—state
6  appropriation is provided solely for implementation of Engrossed
7  Substitute House Bill No. 1522 (utility wildfire mitigation). If the
8  bill is not enacted by June 30, 2025, the amount provided in this
9  subsection shall lapse.
10     (27) $40,000 of the legal services revolving account—state
11 appropriation is provided solely for implementation of Engrossed
12 Substitute House Bill No. 1644 (working minors). If the bill is not
13 enacted by June 30, 2025, the amount provided in this subsection
14 shall lapse.
15     (28) $25,000 of the general fund—state appropriation for fiscal
16 year 2026 and $25,000 of the general fund—state appropriation for
17 fiscal year 2027 are provided solely for the office of the attorney
18 general to coordinate the receipt of agency reporting requirements
19 pursuant to sections 201, 210, 219, 221, 230, 233, and 601 of this
20 act.
*Sec. 126 was partially vetoed. See message at end of chapter.
21     NEW SECTION.     Sec. 127.    FOR THE CASELOAD FORECAST COUNCIL
22 General Fund—State Appropriation (FY 2026). . . . . . . .  $2,395,000
23 General Fund—State Appropriation (FY 2027). . . . . . . .  $2,369,000
24 Workforce Education Investment Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . . . . $367,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $5,131,000
27     The appropriations in this section are subject to the following
28 conditions and limitations:
29     (1) $367,000 of the workforce education investment account—state
30 appropriation is provided solely to forecast the caseload for the
31 Washington college grant program.
32     (2) Within existing resources, the caseload forecast council
33 shall produce an unofficial forecast of the long-term caseload for
34 juvenile rehabilitation as a courtesy.
35     (3) Within the amounts appropriated in this section, the council
36 must forecast the number of people eligible for the apple health
37 expansion for Washington residents with incomes at or below 138
  p. 31  ESSB 5167.SL
1 percent   of   the   federal   poverty   level,   regardless   of   immigration
2 status.
3     NEW SECTION. Sec. 128. FOR THE DEPARTMENT OF COMMERCE
4     The appropriations in sections 129 through 134 of this act are
5 subject to the following conditions and limitations:
6     (1) Repayments of outstanding mortgage and rental assistance
7 program loans administered by the department under RCW 43.63A.640
8 shall be remitted to the department, including any current revolving
9 account   balances.  The   department   shall  collect  payments  on
10 outstanding loans, and deposit them into the state general fund.
11 Repayments of funds owed under the program shall be remitted to the
12 department according to the terms included in the original loan
13 agreements.
14     (2) The department is authorized to suspend issuing any
15 nonstatutorily required grants or contracts of an amount less than
16 $1,000,000 per year.
17     (3)(a) The appropriations to the department of commerce in this
18 act must be expended for the programs and in the amounts specified in
19 this act. However, after May 1, 2026, unless prohibited by this act,
20 the department may transfer general fund—state appropriations for
21 fiscal year 2026 among programs after approval by the director of the
22 office of financial management. However, the department may not
23 transfer state appropriations that are provided solely for a
24 specified purpose, except that provisoed amounts may be transferred
25 among programs if they are transferred in their entirety.
26     (b) Within 30 days after the close of fiscal year 2026, the
27 department must provide the office of financial management and the
28 fiscal committees of the legislature with an accounting of any
29 transfers under this subsection. The accounting shall include a
30 narrative explanation and justification of the changes, along with
31 expenditures and allotments by budget unit and appropriation, both
32 before and after any allotment modifications or transfers. The
33 department must also provide recommendations for revisions to
34 appropriations to better align funding with the new budget structure
35 for the department in this act and to eliminate the need for transfer
36 authority in future budgets.
37     (4) The department must report to and coordinate with the
38 department of ecology to track expenditures from climate commitment
  p. 32  ESSB 5167.SL
1 act accounts, as defined and described in RCW 70A.65.300 and chapter
2 173-446B WAC.
3     *NEW SECTION.    Sec.   129.     FOR   THE   DEPARTMENT   OF   COMMERCE—
4 COMMUNITY SERVICES
5 General Fund—State Appropriation (FY 2026). . . . . . . . $72,053,000
6 General Fund—State Appropriation (FY 2027). . . . . . . . $55,043,000
7 General Fund—Federal Appropriation. . . . . . . . . . .        $143,496,000
8 General Fund—Private/Local Appropriation. . . . . . . . .  $5,396,000
9 Climate Commitment Account—State Appropriation. . . . . . $25,005,000
10 Community Reinvestment Account—State Appropriation. . . . $60,000,000
11 Domestic Violence Co-Responder Account—State
12     Appropriation. . . . . . . . . . . . . . . . . . . . .  $8,326,000
13 Financial Fraud and Identity Theft Crimes
14     Investigation and Prosecution Account—State
15     Appropriation. . . . . . . . . . . . . . . . . . . . .  $2,680,000
16 Lead Paint Account—State Appropriation. . . . . . . . . .  $1,690,000
17 Opioid Abatement Settlement Account—State
18     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $200,000
19 Prostitution Prevention and Intervention Account—
20     State Appropriation. . . . . . . . . . . . . . . . . . .  $26,000
21TOTAL APPROPRIATION. . . . . . . . . . . . . . . $373,915,000
22     The appropriations in this section are subject to the following
23 conditions and limitations:
24    (1) $9,975,000 of the general fund—state appropriation for fiscal
25 year 2026 and $9,975,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for a grant to resolution
27 Washington to build statewide capacity for alternative dispute
28 resolution centers and dispute resolution programs that guarantee
29 that citizens have access to low-cost resolution as an alternative to
30 litigation.
31     (2) Within existing resources, the department shall provide
32 administrative and other indirect support to the developmental
33 disabilities council.
34     (3) $2,000,000 of the general fund—state appropriation for fiscal
35 year 2026 and $2,000,000 of the general fund—state appropriation for
36 fiscal year 2027 are provided solely for the Washington new Americans
37 program. The department may require a cash match or in-kind
38 contributions to be eligible for state funding.
  p. 33  ESSB 5167.SL
1    (4) $797,000 of the general fund—state appropriation for fiscal
2 year 2026 and $797,000 of the general fund—state appropriation for
3 fiscal year 2027 are provided solely for the department to contract
4 with a private, nonprofit organization to provide developmental
5 disability ombuds services.
6    (5) $557,000 of the general fund—state appropriation for fiscal
7 year 2026 and $557,000 of the general fund—state appropriation for
8 fiscal year 2027 are provided solely for the department to design and
9 administer the achieving a better life experience program.
10     (6) $9,000,000 of the general fund—state appropriation for fiscal
11 year 2026 and $9,000,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for the department to contract
13 with   organizations   and   attorneys  to   provide  either   legal
14 representation or referral services for legal representation, or
15 both, to indigent persons who are in need of legal services for
16 matters related to their immigration status. Persons eligible for
17 assistance under any contract entered into pursuant to this
18 subsection must be determined to be indigent under standards
19 developed under chapter 10.101 RCW.
20    (7) $1,332,000 of the general fund—state appropriation for fiscal
21 year 2026 and $1,332,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for the operations of the long-
23 term care ombudsman program.
24     (8) $100,000 of the general fund—state appropriation for fiscal
25 year 2026 and $100,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for the department to contract
27 with a nonprofit entity located in Seattle that focuses on poverty
28 reduction and racial equity to convene and staff a poverty reduction
29 workgroup steering committee comprised of individuals that have lived
30 experience with poverty. Funding provided in this section may be used
31 to reimburse steering committee members for travel, child care, and
32 other costs associated with participation in the steering committee.
33     (9) $8,618,000 of the general fund—state appropriation for fiscal
34 year 2026 and $8,618,000 of the general fund—state appropriation for
35 fiscal year 2027 are provided solely for the department to continue
36 the Washington state office of firearm safety and violence
37 prevention, including the creation of a state and federal grant
38 funding plan to direct resources to cities that are most impacted by
39 community violence. Of the amounts provided in this subsection:
  p. 34  ESSB 5167.SL
1    (a) $5,318,000 of the general fund—state appropriation for fiscal
2 year 2026 and $5,318,000 of the general fund—state appropriation for
3 fiscal year 2027 are provided solely for grants to support existing
4 programs and capacity building for new programs providing evidence-
5 based violence prevention and intervention services to youth who are
6 at high risk to perpetrate or be victims of firearm violence and who
7 reside in areas with high rates of firearm violence as provided in
8 RCW 43.330A.050.
9     (i) Priority shall be given to programs that partner with the
10 University   of  Washington,   school  of   medicine, department of
11 psychiatry and behavioral sciences for training and support to
12 deliver culturally relevant family integrated transition services
13 through use of credible messenger advocates.
14     (ii) The office may enter into agreement with the University of
15 Washington or another independent entity with expertise in evaluating
16 community-based grant-funded programs to evaluate the grant program's
17 effectiveness.
18     (iii) The office shall enter into agreement to provide funding to
19 the University of Washington, school of medicine, department of
20 psychiatry and behavioral sciences to directly deliver trainings and
21 support to programs providing culturally relevant family integrated
22 transition services through use of credible messenger and to train a
23 third-party organization to similarly support those programs.
24     (iv) Of the amounts provided under (a) of this subsection,
25 $250,000 of the general fund—state appropriation for fiscal year 2026
26 and $250,000 of the general fund—state appropriation for fiscal year
27 2027 are provided solely for a certified credible messenger program
28 that does work in at least three regions of Washington state to train
29 and certify credible messengers to implement a culturally responsive,
30 evidence-based    credible   messenger   violence    prevention   and
31 intervention services program.
32    (b) $500,000 of the general fund—state appropriation for fiscal
33 year 2026 and $500,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided to support safe storage programs and
35 suicide prevention outreach and education efforts across the state.
36    (10)   $1,250,000   of   the   general   fund—state   appropriation   for
37 fiscal   year 2026   and  $1,250,000  of  the   general  fund—state
38 appropriation for fiscal year 2027 are provided solely for the
39 department to administer grants to diaper banks for the purchase of
  p. 35  ESSB 5167.SL
1  diapers, wipes, and other essential baby products, for distribution
2  to families in need. The department must give priority to providers
3  serving or located in marginalized, low-income communities or
4  communities of color; and providers that help support racial equity.
5  Of the amounts provided in this subsection, $150,000 of the general
6  fund—state appropriation for fiscal year 2026 is provided solely for
7  a grant to a Federal Way-based nonprofit diaper bank.
8     (11)(a) $25,000,000 of the climate commitment account—state
9 appropriation is provided solely for the department to administer
10 grant funding through the existing network of federal low-income home
11 energy assistance program grantees to provide low-income households
12 with energy utility bill assistance.
13     (b) To qualify for assistance, a household must be below 80
14 percent of the area median income and living in a community that
15 experiences high environmental health disparities.
16     (c) Under the grant program, each household accessing energy bill
17 assistance must be offered an energy assessment that includes
18 determining the household's need for clean cooling and heating system
19 upgrades   that   improve   safety  and   efficiency   while   meeting
20 Washington's climate goals. If beneficial, households may be offered
21 grant funding to cover the replacement of inefficient, outdated, or
22 unsafe home heating and cooling systems with more energy efficient
23 electric heating and cooling technologies, such as heat pumps.
24     (d) Of the amounts provided in this subsection, no more than 60
25 percent of the funding may be utilized by the department to target
26 services to multifamily residential buildings across the state that
27 experience high energy use, where a majority of the residents within
28 the building are below 80 percent of the area median income and the
29 community experiences high environmental health disparities.
30     (e) In serving low-income households who rent or lease a
31 residence, the department must establish processes to ensure that the
32 rent for the residence is not increased and the tenant is not evicted
33 as a result of receiving assistance under the grant program.
34     (f) The department must incorporate data collected while
35 implementing this program into future energy assistance reports as
36 required under RCW 19.405.120. The department may publish information
37 on its website on the number of furnace or heating and cooling system
38 replacements, including replacements within multifamily housing
39 units.
  p. 36  ESSB 5167.SL
1     (g) The department may utilize a portion of the funding provided
2 within this subsection to create an electronic application system.
3    (12) $140,000 of the general fund—state appropriation for fiscal
4 year 2026 and $140,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for the developmental
6 disabilities council.
7     (13) $20,000,000 of the general fund—state appropriation for
8 fiscal year 2026 is provided solely for grants to crime victims
9 service providers. The department must distribute the funding in a
10 manner that is consistent with the office of crime victims advocacy's
11 state plan.
12     (14) The department may submit the report required under section
13 1115(50)(b) of this act by October 1, 2025.
14     (15) The department may submit the report required under section
15 1115(124)(d) of this act by October 1, 2025.
16    (16) $125,000 of the general fund—state appropriation for fiscal
17 year 2026 and $125,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for a grant to a nonprofit
19 organization located in the city of Issaquah to provide cultural
20 programs and navigational support for individuals and families who
21 may face language or other cultural barriers when engaging with
22 schools, public safety, health and human services, and local
23 government agencies.
24     (17) $100,000 of the general fund—state appropriation for fiscal
25 year 2026 and $100,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for the department to provide
27 grants to nonprofit organizations including, but not limited to,
28 religious nonprofits, "by and for" organizations, or cultural
29 community centers, to fund the physical security or repair of such
30 institutions. Grant recipients must substantiate that their site or
31 sites have been subject to or at risk of physical attacks, threats,
32 vandalism, or damages based on their mission, ideology, or beliefs
33 and demonstrate a need for investments in physical security
34 enhancements,   construction   or    renovation, target   hardening,
35 preparedness planning, training, or exercises.
36     (18) $300,000 of the general fund—state appropriation for fiscal
37 year 2026 is provided solely for the office of crime victims advocacy
38 to contract with a research university to continue conducting a
39 randomized control trial comparing the strength at home program to
  p. 37  ESSB 5167.SL
1 standard domestic violence intervention treatment methods used in
2 Washington state. The research university must have completed a
3 randomized control trial of domestic violence intervention treatment
4 at joint base Lewis-McChord. The target population of the randomized
5 control trial must be individuals in Washington state who have been
6 referred to domestic violence intervention treatment via the criminal
7 or civil legal systems. The research university must also continue
8 research on the efficacy of the internal family systems intervention
9 for perpetrators of domestic violence.
10     (19) $200,000 of the general fund—state appropriation for fiscal
11 year 2026 and $100,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for a grant to a nonprofit
13 organization operating a teen center in the city of Issaquah to
14 provide case management and counseling services and connections to
15 housing supports for youth ages 12 to 19.
16     (20) $125,000 of the general fund—state appropriation for fiscal
17 year 2026 and $125,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for a grant to a nonprofit
19 community-based organization to provide youth mental and behavioral
20 health education and support services. Services may include, but are
21 not limited to, employment, mental health, counseling, tutoring, and
22 mentoring. The grant recipient must be a community-based organization
23 located in Granger operating a Spanish language public radio station
24 with the mission of addressing the social, educational, and health
25 needs   of  Spanish-speaking   residents  of   central  and   eastern
26 Washington.
27     (21) $125,000 of the general fund—state appropriation for fiscal
28 year 2026 and $125,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely for a grant to a nonprofit
30 organization within the city of Tacoma that provides social services
31 and   educational  programming  to   assist  Latino   and  indigenous
32 communities in honoring heritage and culture through the arts, and in
33 overcoming barriers to social, political, economic, and cultural
34 community development. Grant funding may be used for activities
35 including, but not limited to, providing family support services for
36 bilingual, bicultural clients.
37     (22) $150,000 of the general fund—state appropriation for fiscal
38 year 2026 and $150,000 of the general fund—state appropriation for
39 fiscal year 2027 are provided solely for a grant to a nonprofit
  p. 38  ESSB 5167.SL
1 organization to provide legal aid in subjects including, but not
2 limited to, criminal law and civil rights cases for underserved
3 populations focusing on Black gender-diverse communities. The grant
4 recipient must be a nonprofit organization with offices in Seattle
5 and Tacoma and with a mission to provide intersectional legal and
6 social services for Black intersex and gender-diverse communities in
7 Washington.
8     (23) $60,000,000 of the community reinvestment account—state
9 appropriation is provided solely for the department to distribute
10 grants for economic development, civil and criminal legal assistance,
11 community-based violence intervention and prevention services, and
12 reentry services programs. In making distributions under this
13 subsection, the department must award funds among these program areas
14 in similar proportions to awards made during the 2023-2025 fiscal
15 biennium for these purposes.
16    (24) $125,000 of the general fund—state appropriation for fiscal
17 year 2026 and $125,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for a grant to a nonprofit
19 organization to support the development of and outreach for
20 community-led mental health support groups and classes serving
21 individuals and families throughout Washington state, with special
22 focus on Latino communities, rural areas, and tribes. The grant
23 recipient must be a nonprofit organization that serves as the
24 Washington state office of a national grassroots mental health
25 organization dedicated to building better lives for individuals
26 affected by mental health conditions.
27    (25) $150,000 of the general fund—state appropriation for fiscal
28 year 2026 and $150,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely for the department, in
30 consultation with the state commission on African American affairs,
31 to contract with a qualified research entity to conduct the Charles
32 Mitchell and George Washington Bush study on reparative action for
33 Washington state's descendants of victims of United States chattel
34 slavery.
35     (a) The department shall verify and contract, in consultation
36 with the commission on African American affairs, that the contracted
37 research entity or research team possesses expertise in reparations,
38 historical analysis, public policy development, and must have the
39 following:
  p. 39  ESSB 5167.SL
1     (i) A researcher who possesses a Ph.D. or equivalent advanced
2 degree in history, African American studies, sociology, American
3 studies, ethnic studies, law, economics, public policy, or a related
4 field with a direct focus on reparations or United States chattel
5 slavery;
6     (ii) Verifiable expertise in writing peer-reviewed academic
7 studies, publications, or policy reports related to reparations,
8 historical analysis, public policy development, or economic valuation
9 for direct descendants of United States chattel slavery victims;
10     (iii) Expertise in calculating the present value of uncompensated
11 slave labor for direct victims of United States chattel slavery;
12     (iv) Substantial knowledge of the history and doctrine of United
13 States chattel slavery reparations and the ability to develop a
14 process requiring Washington residents seeking reparations to
15 demonstrate direct descent from individuals enslaved in the United
16 States between 1776 and 1865;
17     (v) Demonstrated commitment to reviewing and recommending
18 reparations public policy;
19     (vi) Professional expertise in the field of reparative justice;
20     (vii) A composition that, to the greatest extent possible,
21 reflects the diversity of individuals with direct lived experience
22 related to the subject matter of the study; and
23     (viii) An experienced genealogist on their research team.
24     (b) The department, in consultation with the state commission on
25 African American affairs shall commission and oversee the Charles
26 Mitchell and George Washington Bush study on reparative action for
27 Washington state's descendants of victims of United States chattel
28 slavery, which shall examine the historical injustices of United
29 States chattel slavery and their enduring impact on direct
30 descendants, particularly as they relate to Washington state laws and
31 policies. The study must include, but is not limited to the
32 following:
33     (i) Identification, compilation, and synthesization of historical
34 records concerning the institution of United States chattel slavery
35 (1619–1865), including its vestiges within the laws and economic and
36 social practices of Oregon and Washington territories (1848–1889)
37 against freed persons and their direct descendants;
38     (ii) An assessment of Washington territory and the state of
39 Washington's   historical    and   present   role    in   perpetuating
40 discriminatory practices through laws, policies, and economic
  p. 40  ESSB 5167.SL
1 structures against direct descendants of the victims of United States
2 chattel slavery, particularly in economic opportunity, education, and
3 criminal justice;
4     (iii) Appropriate reparative remedies based on study findings,
5 including, but not limited to:
6     (A)   Identified   highlights   for   contributions   to  federal
7 discussions on reparations, including proposed frameworks for
8 calculating and awarding reparations at the national level;
9     (B) The identification of existing Washington state laws and
10 policies that continue to disproportionately harm direct descendants
11 of United States enslaved persons and recommendations for their
12 reform or repeal;
13     (C) Proposed methods for calculating, structuring, and awarding
14 compensation, including both direct cash payments and alternative
15 measures such as enacting appropriate recommended state-level
16 investments in educational access, economic opportunity, and criminal
17 justice reforms; and
18     (D) A cost-benefit analysis for Washington state on the impact of
19 enacting   appropriate,   recommended    reparative   investments  in
20 education, economic opportunity, and criminal justice for the direct
21 descendants of United States chattel slavery victims; and
22     (iv) Utilization of the social determinants of health framework,
23 as outlined by the healthy people 2030 initiative under the United
24 States department of health and human services, to assess economic,
25 educational, and social disparities with the goal of informing
26 Washington state-level policy recommendations.
27     (c) The department, in consultation with the state commission on
28 African American affairs, shall transmit the selected research entity
29 or research team's following reports:
30     (i) A preliminary report to the legislature by June 30, 2026,
31 detailing researcher qualifications, study scope, methodology, and an
32 outline plan for continued community engagement plan throughout the
33 study;
34     (ii) An interim report by December 31, 2026, providing updates on
35 the study's progress and any initial findings; and
36     (iii) A final report by June 30, 2027, presenting findings and
37 recommendations to the legislature, the governor, and Washington
38 state's federal delegation.
  p. 41  ESSB 5167.SL
1     (d) The department may receive and utilize gifts, grants, or
2 endowments from public, private, or philanthropic sources for the
3 sole purpose of the study.
4    (26)   $1,169,000   of   the   general   fund—state   appropriation   for
5 fiscal   year   2026    and  $1,169,000 of the general  fund—state
6 appropriation   for    fiscal year 2027 are provided  solely for
7 implementation of chapter 462, Laws of 2023 (domestic violence).
8     (27) $54,000 of the general fund—state appropriation for fiscal
9 year 2026 and $54,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for implementation of the
11 existing structure tax incentive program.
12     (28) $200,000 of the opioid abatement settlement account—state
13 appropriation is provided solely for a grant to a statewide
14 association representing the full system of Washington public health,
15 including public health professionals, public health students, and
16 community-based health, to coordinate work related to opioid use
17 prevention, harm reduction, and treatment        statewide—at    the   state
18 level, the local level, and within schools.
19     (29) $1,426,000 of the lead paint account—state appropriation is
20 provided solely for implementation of Substitute Senate Bill No. 5494
21 (lead-based paint). If the bill is not enacted by June 30, 2025, the
22 amount provided in this subsection shall lapse.
23     (30) $40,000 of the general fund—state appropriation for fiscal
24 year 2026 and $40,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for a grant to a women-led,
26 community-driven organization that supports extremely vulnerable and
27 low-income Afghan women and girls in Washington to provide
28 neighborhood-based learning with instant translation in three
29 languages.
30     (31) $150,000 of the general fund—state appropriation for fiscal
31 year 2026 is provided solely for a grant to a Burien-based nonprofit
32 to develop a program to provide telehealth services to Washington
33 state farm workers. The partnering telehealth company must be based
34 in Washington.
35     (32) $150,000 of the general fund—state appropriation for fiscal
36 year 2026 and $150,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for a grant to a Seattle-based
38 nonprofit that seeks to improve the status of girls in Washington
39 state. Funding may be used to continue providing civic engagement
  p. 42  ESSB 5167.SL
1 programming as well as to develop an online train-the-trainer program
2 for adults working with youth to learn how to facilitate healthy
3 relationship skill building girl groups.
4     (33) $150,000 of the general fund—state appropriation for fiscal
5 year 2026 is provided solely for a grant to a King county-based
6 nonprofit that exclusively serves foreign-trained physicians to help
7 foreign-trained physicians prepare for work in a United States
8 clinical setting. Funds may be used to operate an educational
9 outreach   program  to   help   medical providers   and  institutions
10 understand the medical doctor: clinical experience program and for
11 stipends for foreign-trained physicians to take medical exams and for
12 other professional development.
13    (34) $125,000 of the general fund—state appropriation for fiscal
14 year 2026 and $125,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for a grant to a Seattle-based
16 community-based organization that supports Spanish speakers by
17 providing individuals with access to HIV treatment and testing and
18 community support groups for people living with HIV. Funding may be
19 used to assist with expansion to Snohomish county.
20    (35) $100,000 of the general fund—state appropriation for fiscal
21 year 2026 and $100,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for a grant to a Seattle-based
23 nonprofit to expand a program that provides skating lessons to
24 preschoolers from diverse and low-income families.
25     (36) $200,000 of the general fund—state appropriation for fiscal
26 year 2026 is provided solely for a Redmond-based nonprofit serving
27 Latino   low-income,  vulnerable,  immigrant,  and  Spanish-speaking
28 communities in King and Snohomish counties with bilingual, free
29 community health services, programs, and outreach. Funds may be used
30 to expand free programs including but not limited to health outreach,
31 financial coaching, small business assistance, youth tech space,
32 internships, and home buying support.
33     (37) $150,000 of the general fund—state appropriation for fiscal
34 year 2026 is provided solely for a grant to a Seattle-based community
35 organization that works to advance health justice, culturally
36 appropriate care, and integrative medicine. Funds may be used for a
37 study to assess the effectiveness of the organization's health
38 delivery model to refine and improve its service delivery approach.
  p. 43  ESSB 5167.SL
1     (38) $8,326,000 of the domestic violence co-responder account—
2 state appropriation is provided solely for implementation of
3 Substitute House Bill No. 1498 (domestic viol. co-responders). If the
4 bill is not enacted by June 30, 2025, the amount provided in this
5 subsection shall lapse.
*Sec. 129 was partially vetoed. See message at end of chapter.
6     *NEW SECTION.     Sec. 130.      FOR THE DEPARTMENT OF COMMERCE—HOUSING
7 General Fund—State Appropriation (FY 2026). . . . . . .  $309,054,000
8 General Fund—State Appropriation (FY 2027). . . . . . .  $304,114,000
9 General Fund—Federal Appropriation. . . . . . . . . . . . $65,412,000
10 Home Security Fund Account—State Appropriation. . . . .  $248,615,000
11 Affordable Housing for All Account—State
12     Appropriation. . . . . . . . . . . . . . . . . . . .  $91,728,000
13 Community and Economic Development Fee Account—State
14     Appropriation. . . . . . . . . . . . . . . . . . . . .  $3,448,000
15 Apple Health and Homes Account—State Appropriation. . . .  $6,496,000
16 Covenant Homeownership Account—State Appropriation. . .  $200,000,000
17 Washington Housing Trust Account—State Appropriation. . . $11,295,000
18TOTAL APPROPRIATION. . . . . . . . . . . . . . $1,240,162,000
19     The appropriations in this section are subject to the following
20 conditions and limitations:
21     (1) $1,000,000 of the general fund—state appropriation for fiscal
22 year 2026, $1,000,000 of the general fund—state appropriation for
23 fiscal year 2027, and $2,000,000 of the Washington housing trust
24 account—state appropriation are provided solely for services to
25 homeless families and youth through the Washington youth and families
26 fund.
27     (2) $1,000,000 of the general fund—state appropriation for fiscal
28 year 2026, $1,000,000 of the general fund—state appropriation for
29 fiscal year 2027, and $2,000,000 of the home security fund—state
30 appropriation are provided solely for the administration of the grant
31 program required in chapter 43.185C RCW, linking homeless students
32 and their families with stable housing.
33     (3)   $11,252,000     of   the   general   fund—state        appropriation   for
34 fiscal year 2026 and $11,252,000 of the general fund—state
35 appropriation for fiscal year 2027 are provided solely for housing
36 assistance,   including  long-term  rental   subsidies,  permanent
  p. 44  ESSB 5167.SL
1  supportive housing, and low- and no-barrier housing beds, for
2  unhoused individuals. Priority must be given to individuals with a
3  mental health disorder, substance use disorder, or other complex
4  conditions; individuals with a criminal history; and individuals
5  transitioning from behavioral health treatment facilities or local
6  jails.
7    (4)(a) $12,500,000 of the general fund—state appropriation for
8  fiscal year 2026, $12,500,000 of the general fund—state appropriation
9  for fiscal year 2027, and $37,000,000 of the affordable housing for
10 all account—state appropriation are provided solely for grants to
11 support the building operation, maintenance, and service costs of
12 permanent supportive housing projects or units within housing
13 projects that have or will receive funding from the housing trust
14 fund—state account or other public capital funding that:
15     (i) Is dedicated as permanent supportive housing units;
16     (ii) Is occupied by low-income households with incomes at or
17 below 30 percent of the area median income; and
18     (iii) Requires a supplement to rent income to cover ongoing
19 property operating, maintenance, and service expenses.
20     (b) Permanent supportive housing projects receiving federal
21 operating subsidies that do not fully cover the operation,
22 maintenance, and service costs of the projects are eligible to
23 receive grants as described in this subsection.
24     (c) The department may use a reasonable amount of funding
25 provided in this subsection to administer the grants.
26     (d) Within amounts provided in this subsection, the department
27 must provide staff support for the permanent supportive housing
28 operations, maintenance, and services forecast. The department must
29 develop a model to estimate demand for operating, maintenance, and
30 services costs for permanent supportive housing units that qualify
31 for grant funding under (a) of this subsection. The model shall
32 incorporate factors including the number of qualifying units
33 currently in operation; the number of new qualifying units assumed to
34 come online since the previous forecast and the timing of when those
35 units will become operational; the impacts of enacted or proposed
36 investments in the capital budget on the number of new potentially
37 qualifying units; the number of units supported through a grant
38 awarded under (a) of this subsection; the historical actual per unit
39 average grant awards under (a) of this subsection; reported data from
  p. 45  ESSB 5167.SL
1 housing providers on actual costs for operations, maintenance, and
2 services; and other factors identified as appropriate for estimating
3 the demand for maintenance, operations, and services for qualifying
4 permanent supportive housing units. The forecast methodology,
5 updates, and methodology changes must be conducted in coordination
6 with staff from the department, the office of financial management,
7 and the appropriate fiscal committees of the legislature. The
8 forecast must be updated each February and November during the fiscal
9 biennium and the department must submit a report to the legislature
10 summarizing the updated forecast based on actual awards made under
11 (a) of this subsection and the completed construction of new
12 qualifying units.
13     (5) $7,000,000 of the home security fund—state appropriation is
14 provided solely for the office of homeless youth prevention and
15 protection programs to:
16     (a) Expand outreach, services, and housing for homeless youth and
17 young adults including but not limited to secure crisis residential
18 centers, crisis residential centers, and HOPE beds, so that resources
19 are equitably distributed across the state;
20     (b) Contract with other public agency partners to test innovative
21 program models that prevent youth from exiting public systems into
22 homelessness; and
23     (c) Support the development of an integrated services model,
24 increase performance outcomes, and enable providers to have the
25 necessary skills and expertise to effectively operate youth programs.
26    (6) $3,800,000 of the general fund—state appropriation for fiscal
27 year 2026 and $3,800,000 of the general fund—state appropriation for
28 fiscal year 2027 are provided solely for the office of homeless youth
29 to build infrastructure and services to support a continuum of
30 interventions, including but not limited to prevention, crisis
31 response, and long-term housing, to reduce youth homelessness in
32 communities identified as part of the anchor community initiative.
33    (7) $1,913,000 of the general fund—state appropriation for fiscal
34 year 2026 and $1,912,000 of the general fund—state appropriation for
35 fiscal year 2027 are provided solely for the office of homeless youth
36 to contract with one or more nonprofit organizations to provide youth
37 services and young adult housing on a multi-acre youth campus located
38 in the city of Tacoma. Youth services include, but are not limited
39 to, HOPE beds and crisis residential centers to provide temporary
  p. 46  ESSB 5167.SL
1 shelter and permanency planning for youth under the age of 18. Young
2 adult housing includes, but is not limited to, rental assistance and
3 case management for young adults ages 18 to 24. The department shall
4 submit an annual report to the legislature on the use of the funds.
5 The report is due annually on June 30th. The report shall include but
6 is not limited to:
7     (a) A breakdown of expenditures by program and expense type,
8 including the cost per bed;
9     (b) The number of youth and young adults helped by each program;
10     (c) The number of youth and young adults on the waiting list for
11 programs, if any; and
12     (d) Any other metric or measure the department deems appropriate
13 to evaluate the effectiveness of the use of the funds.
14    (8)(a) $68,550,000 of the general fund—state appropriation for
15 fiscal year 2026 and $68,550,000 of the general fund—state
16 appropriation for fiscal year 2027 are provided solely for the
17 essential needs and housing support program and related services.
18     (b) The department may use a portion of the funds provided in
19 this subsection to continue the pilot program established in section
20 127(106), chapter 357, Laws of 2020 (addressing the immediate housing
21 needs of low or extremely low-income elderly or disabled adults in
22 certain counties who receive social security disability or retirement
23 income).
24     (c) The department must ensure the timely redistribution of the
25 funding provided in this subsection among entities or counties to
26 reflect   actual    caseload   changes    as   required   under   RCW
27 43.185C.220(5)(c).
28     (d) The department may use a portion of the funds provided in
29 this subsection to provide housing supports for individuals enrolled
30 in   the   foundational   community  supports  initiative  who   are
31 transitioning off of benefits under RCW 74.04.805 due to increased
32 income or other changes in eligibility.
33    (9) $1,000,000 of the general fund—state appropriation for fiscal
34 year 2026, $1,000,000 of the general fund—state appropriation for
35 fiscal year 2027, and $4,500,000 of the home security fund—state
36 appropriation are provided solely for the consolidated homeless grant
37 program. Of the amounts provided in this subsection:
38     (a) $4,500,000 of the home security fund—state appropriation is
39 provided solely for permanent supportive housing targeted at those
  p. 47  ESSB 5167.SL
1 families who are chronically homeless and where at least one member
2 of the family has a disability. The department will also connect
3 these families to medicaid supportive services.
4     (b) $500,000 of the general fund—state appropriation for fiscal
5 year 2026 and $500,000 of the general fund—state appropriation for
6 fiscal year 2027 are provided solely for diversion services for those
7 families and individuals who are at substantial risk of losing stable
8 housing or who have recently become homeless and are determined to
9 have a high probability of returning to stable housing.
10     (10)   $1,007,000   of   the   general   fund—state   appropriation   for
11 fiscal   year    2026  and   $1,007,000  of   the   general   fund—state
12 appropriation for fiscal year 2027 are provided solely for the
13 department    to   administer   a  transitional   housing   program  for
14 nondependent homeless youth.
15     (11)(a) $2,000,000 of the general fund—state appropriation for
16 fiscal   year  2026   and  $2,000,000   of  the   general fund—state
17 appropriation for fiscal year 2027 are provided solely for the office
18 of homeless youth prevention and protection programs to administer
19 flexible funding to serve eligible youth and young adults. The
20 flexible funding administered under this subsection may be used for
21 the immediate needs of eligible youth or young adults. An eligible
22 youth or young adult may receive support under this subsection more
23 than once.
24     (b) Flexible funding provided under this subsection may be used
25 for purposes including but not limited to:
26     (i) Car repair or other transportation assistance;
27     (ii) Rental application fees, a security deposit, or short-term
28 rental assistance;
29     (iii) Offsetting costs for first and last month's rent and
30 security deposits;
31     (iv) Transportation costs to go to work;
32     (v) Assistance in obtaining photo identification or birth
33 certificates; and
34     (vi) Other uses that will support the eligible youth or young
35 adult's housing stability, education, or employment, or meet
36 immediate basic needs.
37     (c) The flexible funding provided under this subsection may be
38 provided to:
  p. 48  ESSB 5167.SL
1     (i) Eligible youth and young adults. For the purposes of this
2 subsection, an eligible youth or young adult is a person under age 25
3 who is experiencing or at risk of experiencing homelessness,
4 including but not limited to those who are unsheltered, doubled up or
5 in unsafe living situations, exiting inpatient programs, or in
6 school;
7     (ii) Community-based providers assisting eligible youth or young
8 adults in attaining safe and stable housing; and
9     (iii) Individuals or entities, including landlords, providing
10 safe housing or other support designed to lead to housing for
11 eligible youth or young adults.
12     (12) $607,000 of the general fund—state appropriation for fiscal
13 year 2026 and $607,000 of the general fund—state appropriation for
14 fiscal year 2027 are provided solely for the department to assist
15 homeowners at risk of foreclosure pursuant to chapter 61.24 RCW.
16 Funding provided in this section may be used for activities to
17 prevent mortgage or tax lien foreclosure, housing counselors, a
18 foreclosure prevention hotline, legal services for low-income
19 individuals,   mediation,   and   other    activities   that promote
20 homeownership. The department may contract with other foreclosure
21 fairness program state partners to carry out this work.
22     (13)    $1,400,000    of    the   general   fund—state   appropriation   for
23 fiscal     year   2026    and    $1,400,000     of   the   general    fund—state
24 appropriation for fiscal year 2027 are provided solely for the office
25 of homeless youth to administer a competitive grant process to award
26 funding to licensed youth shelters, HOPE centers, and crisis
27 residential centers to provide behavioral health support services for
28 youth in crisis, and to increase funding for current grantees.
29    (14)     $55,500,000    of   the   general   fund—state   appropriation   for
30 fiscal     year   2026    and   $55,500,000     of   the   general    fund—state
31 appropriation for fiscal year 2027 are provided solely for the
32 department to continue grant funding for emergency housing and
33 shelter capacity and associated supports such as street outreach,
34 diversion services, short-term rental assistance, hotel and motel
35 vouchers, housing search and placement, and housing stability case
36 management. Entities eligible for grant funding include local
37 governments and nonprofit entities. The department may use existing
38 programs, such as the consolidated homelessness grant program, to
39 award funding under this subsection. Grants provided under this
  p. 49  ESSB 5167.SL
1  subsection must be used to maintain or increase current emergency
2  housing capacity, funded by the shelter program grant and other
3  programs, as practicable due to increased costs of goods, services,
4  and   wages.   Emergency  housing  includes  transitional  housing,
5  congregate or noncongregate shelter, sanctioned encampments, or
6  short-term hotel or motel stays.
7    (15)(a) $45,050,000 of the general fund—state appropriation for
8 fiscal year 2026 and $45,050,000 of the general fund—state
9 appropriation for fiscal year 2027 are provided solely for a targeted
10 grant program to transition persons residing in encampments to safer
11 housing opportunities, with an emphasis on ensuring individuals
12 living unsheltered reach permanent housing solutions. Eligible grant
13 recipients include local governments and nonprofit organizations
14 operating to provide housing or services. The department may provide
15 funding to state agencies to ensure individuals accessing housing
16 services are also able to access other wrap-around services that
17 enable them to obtain housing such as food, personal identification,
18 and other related services. Local government and nonprofit grant
19 recipients may use grant funding to provide outreach, housing, case
20 management, transportation, site monitoring, and other services
21 needed to assist individuals residing in encampments and on public
22 rights-of-way with moving into housing.
23     (b) When awarding grants under (a) of this subsection, the
24 department must prioritize applicants that focus on ensuring an
25 expeditious path to or remaining in sustainable permanent housing
26 solutions, and that demonstrate an understanding of working with
27 individuals to identify their optimal housing type and level of
28 ongoing services through the effective use of outreach, engagement,
29 and temporary lodging and permanent housing placement.
30     (c) Grant recipients under (a) of this subsection must enter into
31 a memorandum of understanding with the department, and other state
32 agencies if applicable, as a condition of receiving funds. Memoranda
33 of understanding must specify the responsibilities of the grant
34 recipients and the state agencies and must include specific
35 measurable outcomes for each entity signing the memorandum. The
36 department must publish all signed memoranda on the department's
37 website and must publish updates on outcomes for each memorandum at
38 least every 90 days, while taking steps to protect the privacy of
39 individuals served by the program. At a minimum, outcomes must
40 include:
  p. 50  ESSB 5167.SL
1     (i) The number of people actually living in any encampment
2 identified for intervention by the department or grantees;
3     (ii) The demographics of those living in any encampment
4 identified for intervention by the department or grantees;
5     (iii) The duration of engagement with individuals living within
6 encampments;
7     (iv) The types of housing options that were offered;
8     (v) The number of individuals who accepted offered housing;
9     (vi) Any reasons given for why individuals declined offered
10 housing;
11     (vii) The types of assistance provided to move individuals into
12 offered housing;
13     (viii) Any services and benefits in which an individual was
14 successfully enrolled; and
15     (ix) The housing outcomes of individuals who were placed into
16 housing every six months after placement.
17     (d) Grant recipients under (a) of this subsection may not
18 transition individuals from encampments or close encampments unless
19 they have provided extensive outreach and offered each individual
20 temporary lodging or permanent housing that matches the actual
21 situation and needs of each person, is noncongregate whenever
22 possible, and takes into consideration individuals' immediate and
23 long-term needs and abilities to achieve and maintain housing
24 stability. Grant recipients who initially match an individual to
25 temporary lodging must make efforts to transition the person to a
26 permanent housing placement within six months except under unusual
27 circumstances. The department must establish criteria regarding the
28 safety, accessibility, and habitability of housing options to be
29 offered by grant recipients to ensure that such options are private,
30 sanitary, healthy, and dignified, and that grant recipients provide
31 options that are well-matched to an individual's assessed needs.
32     (e) Funding granted to eligible recipients under (a) of this
33 subsection may not be used to supplant or replace existing funding
34 provided for housing or homeless services.
35     (16) $200,000,000 of the covenant homeownership account—state
36 appropriation is provided solely for implementation of the covenant
37 homeownership program.
38     (17) Before awarding or entering into grants or contracts for the
39 2025-2027 fiscal biennium for homeless housing and service programs
40 that are funded from the home security fund account or the affordable
  p. 51  ESSB 5167.SL
1 housing for all account, the department must first consult with local
2 governments and eligible grantees to ensure that funding from these
3 accounts is used to maintain the quantity and types of homeless
4 housing and services funded in local communities as of February 28,
5 2025. The department may take into consideration local document
6 recording fee balances and individual county fluctuations in
7 recording fee collections when allocating state funds. The department
8 must redeploy funds to other nonprofit and county grantees if
9 originally granted amounts are not expended or committed within a
10 reasonable timeline. The department may then provide funding to
11 eligible entities to undertake the activities described in RCW
12 36.22.250(4)(b), such as funding for project-based vouchers and other
13 assistance necessary to support permanent supportive housing as
14 defined in RCW 36.70A.030 or as administered by the office of apple
15 health and homes created in RCW 43.330.181.
16     (18) $425,000 of the general fund—state appropriation for fiscal
17 year 2026 and $425,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for the continuation of existing
19 contracts with a nonprofit organization to increase housing supply
20 and equitable housing outcomes by advancing affordable housing
21 options, including affordable homeownership or affordable rental
22 housing, supportive housing, transitional housing, shelter, or
23 housing funded through the apple health and homes program, that are
24 co-located with community services such as education centers, health
25 clinics, nonprofit organizations, social services, or community
26 spaces or facilities, available to residents or the public, on
27 underutilized or tax-exempt land. Contract funding may be used for
28 costs including, but not limited to, identifying properties and
29 implementing strategies to accelerate the development of affordable
30 housing,   conducting    affordable   housing    site    predevelopment
31 activities, providing technical assistance on topics related to
32 affordable   housing  development,   facilitating   collaboration   and
33 codevelopment between affordable housing and community partners, and
34 conducting community engagement activities.
35     (19)   $58,802,000   of   the   general   fund—state   appropriation   for
36 fiscal year 2026 and $58,802,000 of the general fund—state
37 appropriation for fiscal year 2027 are provided solely for grants to
38 counties, cities, and other entities receiving contracts pursuant to
39 RCW 43.185C.080(3) for homeless housing programs and services
  p. 52  ESSB 5167.SL
1 including, but not limited to, emergency housing and shelter,
2 temporary housing, permanent supportive housing programs, and other
3 homeless housing services and initiatives, including those funded
4 through the document recording fee collected pursuant to RCW
5 36.22.250. Grant funds must be prioritized for maintaining existing
6 levels of service and preventing the closure of existing beds or
7 programs.
8     (20) Within existing resources, the department must review
9 current policies and practices regarding reimbursement documentation
10 requirements for grant and contract recipients, with a focus on
11 requirements for grants made under subsection (4) of this section and
12 RCW 36.22.250(5), to improve the efficiency of the reimbursement
13 process and streamline compliance processes for grants and contract
14 recipients while continuing to manage risks related to financial
15 controls and federal requirements. In reviewing policies and
16 practices, the department may consider implementing process changes
17 and other approaches, including but not limited to risk-based tiering
18 of requirements for grant and contract recipients.
19     (21) Within existing resources, the department must consult with
20 permanent    supportive    housing   providers awarded   grants   under
21 subsection (4) of this section or RCW 36.22.250(5) to provide
22 awardees    the    opportunity   to   provide  feedback   and   develop
23 recommendations on topics including, but not limited to, allowable
24 expenditures under these grant programs, statewide application
25 benchmarks for operations and maintenance costs per unit and services
26 costs    per    tenant,   and    opportunities  to   streamline   grant
27 administration.
28     (22) $229,000 of the general fund—state appropriation for fiscal
29 year 2026 and $229,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for implementation of the mobile
31 home community sales program.
32     (23) $107,000 of the general fund—state appropriation for fiscal
33 year 2026 and $55,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely for implementation of Substitute
35 Senate Bill No. 5298 (mobile home community sale). If the bill is not
36 enacted by June 30, 2025, the amounts provided in this subsection
37 shall lapse.
38     (24) $33,000 of the general fund—state appropriation for fiscal
39 year 2026 and $33,000 of the general fund—state appropriation for
  p. 53  ESSB 5167.SL
1 fiscal year 2027 are provided solely for implementation of Substitute
2 Senate Bill No. 5587 (affordable housing dev.). If the bill is not
3 enacted by June 30, 2025, the amounts provided in this subsection
4 shall lapse.
5     (25) $400,000 of the general fund—state appropriation for fiscal
6 year 2026 is provided solely for a grant to a Pierce county-based
7 nonprofit with emergency shelters in Pierce, King, Thurston, and
8 Kitsap counties which provides a comprehensive approach to addressing
9 the root causes of homelessness to sustain emergency shelters.
10     (26) $150,000 of the general fund—state appropriation for fiscal
11 year 2026 is provided solely for a grant to a south King county-based
12 nonprofit family center for families experiencing homelessness to
13 maintain services, including emergency shelter beds.
14    (27) $200,000 of the general fund—state appropriation for fiscal
15 year 2026 is provided solely for a grant to a King county-based
16 nonprofit organization that runs at least two emergency shelters with
17 at least 500 beds to help families stay housed while researchers
18 study the effects of direct rental assistance on families.
19    (28) $74,000 of the general fund—state appropriation for fiscal
20 year 2026 and $6,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for the department to study the
22 prevalence of housing options for individuals 55 years of age or
23 older that market themselves as "senior independent living" or
24 similarly in Washington state. By July 1, 2026, the department shall
25 provide recommendations to the legislature for the creation of a
26 registration process for senior independent living that increases
27 consumer protection for residents and prospective residents.
28    (29) $500,000 of the general fund—state appropriation for fiscal
29 year 2026 and $500,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for implementation of chapter
31 408, Laws of 2023 (ESSB 5599). The entirety of this amount is
32 provided for the office of homeless youth for prevention and
33 protection   programs   to  provide   supportive  care   grants   to
34 organizations to address the needs of youth seeking protected health
35 care services.
36    (30) $100,000 of the general fund—state appropriation for fiscal
37 year 2026 and $100,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for implementation of Engrossed
39 House Bill No. 1217 (residential tenants). If the bill is not enacted
  p. 54  ESSB 5167.SL
1 by June    30,   2025,   the   amounts    provided   in   this   subsection   shall
2 lapse.
*Sec. 130 was partially vetoed. See message at end of chapter.
3      *NEW SECTION.        Sec. 131.    FOR THE DEPARTMENT OF COMMERCE—LOCAL
4  GOVERNMENT
5  General Fund—State Appropriation (FY 2026). . . . . . . . $30,488,000
6  General Fund—State Appropriation (FY 2027). . . . . . . . $27,669,000
7  General Fund—Federal Appropriation. . . . . . . . . . . . $55,565,000
8  General Fund—Private/Local Appropriation. . . . . . . . .  $1,137,000
9 Climate Commitment Account—State Appropriation. . . . . . $22,589,000
10 Community Preservation and Development Authority
11     Account—State Appropriation. . . . . . . . . . . . . . $1,016,000
12 Growth Management Planning and Environmental Review
13     Fund—State Appropriation. . . . . . . . . . . . . . .  $5,681,000
14 Liquor Excise Tax Account—State Appropriation. . . . . . . $1,402,000
15 Liquor Revolving Account—State Appropriation. . . . . . .  $6,850,000
16 Model Toxics Control Stormwater Account—State
17     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $100,000
18 Natural Climate Solutions Account—State
19     Appropriation. . . . . . . . . . . . . . . . . . . . .  $4,136,000
20 Public Facilities Construction Loan Revolving
21     Account—State Appropriation. . . . . . . . . . . . . . $1,596,000
22 Public Works Assistance Account—State Appropriation. . . . $9,030,000
23TOTAL APPROPRIATION. . . . . . . . . . . . . . . $167,259,000
24     The appropriations in this section are subject to the following
25 conditions and limitations:
26     (1) The department shall administer its growth management act
27 technical assistance and pass-through grants so that smaller cities
28 and counties receive proportionately more assistance than larger
29 cities or counties.
30     (2)   $6,827,000   of    the   liquor   revolving   account—state
31 appropriation is provided solely for the department to contract with
32 the municipal research and services center of Washington.
33     (3) $100,000 of the general fund—state appropriation for fiscal
34 year 2026 and $100,000 of the general fund—state appropriation for
35 fiscal year 2027 are provided solely for the department to produce
36 the biennial report identifying a list of projects to address
  p. 55  ESSB 5167.SL
1 incompatible developments near military installations as provided in
2 RCW 43.330.520.
3     (4) $1,160,000 of the general fund—state appropriation for fiscal
4  year 2026 and $1,159,000 of the general fund—state appropriation for
5  fiscal year 2027 are provided solely for the statewide broadband
6 office established in RCW 43.330.532.
7     (5) $9,000,000 of the general fund—state appropriation for fiscal
8 year 2026 and $9,000,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for the department for grants
10 for updating and implementing comprehensive plans and development
11 regulations in order to implement the requirements of the growth
12 management act.
13     (a) In allocating grant funding to local jurisdictions, awards
14 must be based on a formula, determined by the department, to ensure
15 that grants are distributed equitably among cities and counties.
16 Grants will be used primarily to fund the review and update
17 requirements for counties and cities required by RCW 36.70A.130.
18 Funding provided on this formula basis shall cover additional county
19 and city costs, if applicable, to implement chapter 254, Laws of 2021
20 (emergency shelters & housing) and to implement chapter 368, Laws of
21 2023 (land use permitting/local).
22     (b) Within the amounts not utilized under (a) of this subsection,
23 the department shall establish a competitive grant program to
24 implement requirements of the growth management act.
25     (c) Up to $500,000 per biennium may be allocated toward growth
26 management policy research and development or to assess the ongoing
27 effectiveness of existing growth management policy.
28     (d) The department must develop a process for consulting with
29 local governments, affected stakeholders, and the appropriate
30 committees of the legislature to establish emphasis areas for
31 competitive grant distribution and for research priorities.
32     (e) $149,000 of the amounts appropriated in this subsection for
33 fiscal year 2026 is for the department to develop recommendations for
34 the integration of special purpose districts into the state's growth
35 management planning framework. The department must provide a final
36 report with recommendations to the governor's office and the
37 appropriate committees of the legislature by December 1, 2025.
38     (6) Within the amounts provided in this section, the department
39 must publish on its website housing data needed to complete housing
  p. 56  ESSB 5167.SL
1 needs assessments required by RCW 36.70A.070(2)(a). The data shall
2 include:
3     (a) Housing profiles for each county and city in the state,
4 including cost burden, vacancy, and income;
5     (b) Data to assess racially disparate impacts, exclusion, and
6 displacement; and
7     (c) A dashboard to display data in an easily accessible format.
8    (7) $847,000 of the general fund—state appropriation for fiscal
9 year 2026 and $847,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely to increase middle housing.
11     (8)   $22,544,000  of the climate     commitment  account—state
12 appropriation is provided solely for      local government climate
13 planning implementation.
14    (9) $67,000 of the general fund—state appropriation for fiscal
15 year 2026 and $67,000 of the general fund—state appropriation for
16 fiscal year 2027 are provided solely for the noise abatement program
17 for qualifying port districts.
18     (10) $2,750,000 of the general fund—state appropriation for
19 fiscal year 2026 is provided solely for a contract with a public or
20 private entity for the purpose of public safety and security
21 activities related to the 2026 world cup event. Funding may be
22 provided for law enforcement and fire department resources, emergency
23 management, traffic control, and security at official event venues,
24 including fields and fan activation areas.
25     (11) $100,000 of the general fund—state appropriation for fiscal
26 year 2026 is provided solely for a grant to the city of Battle Ground
27 for a document management system.
28    (12) $53,000 of the general fund—state appropriation for fiscal
29 year 2026 and $35,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for a grant to the city of
31 Issaquah to conduct a two-year pilot program of a biometric
32 monitoring system.
33    (13) $375,000 of the general fund—state appropriation for fiscal
34 year 2026 and $375,000 of the general fund—state appropriation for
35 fiscal year 2027 are provided solely as pass-through funding to Walla
36 Walla Community College for its water and environmental center.
37     (14) $500,000 of the community preservation and development
38 authority account—state appropriation is provided solely for the
39 Central district community preservation and development authority
  p. 57  ESSB 5167.SL
1  established in RCW 43.167.070 to carry out the duties and
2  responsibilities set forth in RCW 43.167.030.
3      (15) $500,000 of the community preservation and development
4  authority account—state appropriation is provided solely for the
5  Pioneer Square-International district community preservation and
6  development authority established in RCW 43.167.060 to carry out the
7  duties and responsibilities set forth in RCW 43.167.030.
8      (16)    $2,500,000    of   the   general   fund—state        appropriation   for
9 fiscal     year   2026   and    $2,500,000     of   the    general      fund—state
10 appropriation for fiscal year 2027 are provided solely for the
11 department to provide grants to entities that provide digital
12 navigator services, devices, and subscriptions. These services must
13 include, but are not limited to, one-on-one assistance for people
14 with limited access to services, including individuals seeking work,
15 students seeking digital technical support, families supporting
16 students, English language learners, medicaid clients, people
17 experiencing poverty, and seniors.
18     (17)    $1,809,000    of   the   general   fund—state        appropriation   for
19 fiscal   year  2026  and   $2,008,000  of  the   general  fund—state
20 appropriation for fiscal year 2027 are provided solely for
21 implementation of Engrossed Second Substitute House Bill No. 1096
22 (lot splitting), Second Substitute House Bill No. 1183 (building
23 codes), Third Substitute House Bill No. 1491 (transit-oriented
24 housing dev), Engrossed Second Substitute Senate Bill No. 5148 (GMA
25 housing element), Engrossed Substitute Senate Bill No. 5184 (minimum
26 parking requirements), Engrossed Senate Bill No. 5471 (middle
27 housing), Engrossed Substitute Senate Bill No. 5509 (child care
28 center siting), Engrossed Senate Bill No. 5559 (UGA subdivision
29 process), and Substitute Senate Bill No. 5587 (affordable housing
30 dev).
*Sec. 131 was partially vetoed. See message at end of chapter.
31     *NEW SECTION. Sec. 132.  FOR THE DEPARTMENT OF COMMERCE—OFFICE
32 OF ECONOMIC DEVELOPMENT
33 General Fund—State Appropriation (FY 2026). . . . . . . . $15,018,000
34 General Fund—State Appropriation (FY 2027). . . . . . . . $15,522,000
35 General Fund—Federal Appropriation. . . . . . . . . . . .  $8,153,000
36 General Fund—Private/Local Appropriation. . . . . . . . .  $1,269,000
37 Dedicated Cannabis Account—State Appropriation
  p. 58  ESSB 5167.SL
1    (FY 2026). . . . . . . . . . . . . . . . . . . . . . .     $3,706,000
2 Dedicated Cannabis Account—State Appropriation
3     (FY 2027). . . . . . . . . . . . . . . . . . . . . . .    $3,831,000
4 Andy Hill Cancer Research Endowment Fund Match
5    Transfer Account—State Appropriation. . . . . . . . . $22,220,000
6 Climate Commitment Account—State Appropriation. . . . . . .     $951,000
7 Community and Economic Development Fee Account—State
8     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $765,000
9 Economic Development Strategic Reserve Account—State
10     Appropriation. . . . . . . . . . . . . . . . . . . . .    $2,851,000
11 Statewide Tourism Marketing Account—State
12     Appropriation. . . . . . . . . . . . . . . . . . . . . $3,021,000
13TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $77,307,000
14     The appropriations in this section are subject to the following
15 conditions and limitations:
16    (1) $4,152,000 of the general fund—state appropriation for fiscal
17 year 2026 and $4,152,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for associate development
19 organizations. During the 2025-2027 fiscal biennium, the department
20 shall   consider  an   associate   development  organization's  total
21 resources when making contracting and fund allocation decisions, in
22 addition to the schedule provided in RCW 43.330.086. The department
23 may distribute the funding as follows:
24     (a) For associate development organizations serving urban
25 counties, which are counties other than rural counties as defined in
26 RCW 82.14.370, a locally matched allocation of up to $1.00 per
27 capita, totaling no more than $300,000 per organization; and
28     (b) For associate development organizations in rural counties, as
29 defined in RCW 82.14.370, a $1.00 per capita allocation with a base
30 allocation of $50,000.
31    (2) $150,000 of the general fund—state appropriation for fiscal
32 year 2026 and $150,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for the northwest agriculture
34 business center.
35    (3) $1,335,000 of the general fund—state appropriation for fiscal
36 year 2026 and $1,335,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for the small business export
38 assistance program, for the department to establish representation in
39 key   international   markets   that  will   provide   the   greatest
  p. 59  ESSB 5167.SL
1 opportunities for increased trade and investment for small businesses
2 in the state of Washington, and for a grant to a business center that
3 provides    confidential,   no-cost,    one-on-one,   client-centered
4 assistance to small businesses to expand outreach in underserved
5 communities, especially Black, indigenous, and people of color-owned
6 businesses, providing targeted assistance where needed. Funding may
7 also be used to collaborate with the department, the Washington
8 economic development association, and others to develop a more
9 effective and efficient service delivery system for Washington's
10 women and minority-owned small businesses.
11     (4) $60,000 of the general fund—state appropriation for fiscal
12 year 2026 and $60,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for the department to submit the
14 necessary Washington state membership dues for the Pacific Northwest
15 economic region.
16     (5) $1,219,000 of the general fund—state appropriation for fiscal
17 year 2026 and $1,219,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for the department to identify
19 and invest in strategic growth areas, support key sectors, and align
20 existing economic development programs and priorities. The department
21 must consider Washington's position as the most trade-dependent state
22 when identifying priority investments. The department must engage
23 states and provinces in the northwest as well as associate
24 development  organizations,   small  business   development  centers,
25 chambers of commerce, ports, and other partners to leverage the funds
26 provided. Sector leads established by the department must include the
27 industries of: (a) Aerospace; (b) clean technology and renewable and
28 nonrenewable energy; (c) wood products and other natural resource
29 industries; (d) information and communication technology; (e) life
30 sciences and global health; (f) maritime; (g) military and defense;
31 and (h) creative industries. The department may establish these
32 sector leads by hiring new staff, expanding the duties of current
33 staff, or working with partner organizations and or other agencies to
34 serve in the role of sector lead.
35     (6) $22,220,000 of the Andy Hill cancer research endowment fund
36 match transfer account—state appropriation is provided solely for the
37 Andy Hill cancer research endowment program. Amounts provided in this
38 subsection may be used for grants and administration costs.
  p. 60  ESSB 5167.SL
1     (7) $100,000 of the general fund—state appropriation for fiscal
2  year 2026 and $100,000 of the general fund—state appropriation for
3  fiscal year 2027 are provided solely for a grant to assist people
4  with limited incomes in urban areas of the state start and sustain
5  small   businesses.  The  grant   recipient  must   be   a  nonprofit
6  organization involving a network of microenterprise organizations and
7 professionals to support micro      entrepreneurship   and    access   to
8 economic development resources.
9      (8) $1,000,000 of the general fund—state appropriation for fiscal
10 year 2026 and $1,000,000 of the general fund—state appropriation for
11 fiscal year 2027 are provided solely for a nonprofit organization
12 whose sole purpose is to provide grants, capacity building, and
13 technical assistance support to a network of microenterprise
14 development    organizations.    The   microenterprise   development
15 organizations will support rural and urban Black, indigenous and
16 people of color owned businesses, veteran owned businesses, and
17 limited resourced and other hard to serve businesses with five or
18 fewer employees throughout the state with business training,
19 technical assistance, and microloans.
20     (9) $200,000 of the general fund—state appropriation for fiscal
21 year 2026 and $200,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely to strengthen capacity of the
23 keep Washington working act work group established in RCW 43.330.510.
24     (10)(a) $100,000 of the general fund—state appropriation for
25 fiscal year 2026 is provided solely for the department to develop a
26 state quantum computing strategy and help shape a regional quantum
27 computing ecosystem. This includes, but is not limited to:
28     (i) Defining partnership approaches with regional quantum
29 stakeholder groups;
30     (ii) Exploration of quantum application research in specific
31 industry areas such as nuclear physics, energy and renewables,
32 materials science, or chemistry;
33     (iii)   Identifying   and   defining  research    and   development
34 opportunities with Washington-based research institutions including
35 the   University  of   Washington   and  Pacific   Northwest   national
36 laboratory; and
37     (iv) Partnering with industry to develop plans to attract federal
38 investment.
  p. 61  ESSB 5167.SL
1     (b) The department may contract with a Washington state-based
2 quantum computing manufacturing entity to assist with completing
3 obligations under this subsection.
4      (11) $300,000 of the general fund—state appropriation for fiscal
5  year 2026 is provided solely for the city of Seattle to lease space
6  for nonprofit and academic institutions to incubate technology
7  business   startups,   especially   those   focusing on   artificial
8  intelligence and develop and teach curricula to skill up workers to
9  use artificial intelligence as a business resource.
10     (12)   $500,000   of  the   climate   commitment   account—state
11 appropriation is provided solely for the department to contract with
12 a nonregulatory coalition located in Seattle that supports the
13 strategic   development  and   activation   of   Washington   state's
14 participation in the West Coast wide-floating offshore wind supply
15 chain   through  a   collaborative   approach.  The  department   and
16 nonregulatory coalition shall identify economic, community, and
17 workforce development opportunities resulting from Washington state's
18 participation in the offshore wind supply chain through conducting
19 convenings, workshops, and studies as appropriate.
20     (13) Sufficient amounts are provided in this section for the
21 department to administer a grant program to cannabis licensees
22 holding a license issued after July 1, 2024, who meet the social
23 equity applicant criteria under RCW 69.50.335. The department must
24 award grants primarily based on the strength of the social equity
25 plans submitted by cannabis licensees but may also consider
26 additional criteria if deemed necessary or appropriate by the
27 department. Technical assistance activities eligible for funding
28 include, but are not limited to:
29     (a) Assistance navigating the cannabis licensure process;
30     (b) Cannabis-business specific education and business plan
31 development;
32     (c) Regulatory compliance training;
33     (d) Financial management training and assistance in seeking
34 financing;
35     (e) Strengthening a social equity plan as defined in RCW
36 69.50.101; and
37     (f) Connecting social equity applicants with established industry
38 members and tribal cannabis enterprises and programs for mentoring
39 and other forms of support.
*Sec. 132 was partially vetoed. See message at end of chapter.
  p. 62  ESSB 5167.SL
1     *NEW SECTION.   Sec. 133.   FOR THE DEPARTMENT OF COMMERCE—ENERGY
2 AND INNOVATION
3 General Fund—State Appropriation (FY 2026). . . . . . . .     $3,601,000
4 General Fund—State Appropriation (FY 2027). . . . . . . .     $3,522,000
5 General Fund—Federal Appropriation. . . . . . . . . . . . $39,799,000
6 General Fund—Private/Local Appropriation. . . . . . . . . .     $106,000
7 Building Code Council Account—State Appropriation. . . . . .     $19,000
8 Climate Commitment Account—State Appropriation. . . . . . $54,112,000
9 Community and Economic Development Fee Account—State
10     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $160,000
11 Energy Efficiency Account—State Appropriation. . . . . . . .     $20,000
12 Low-Income Weatherization and Structural
13    Rehabilitation Assistance Account—State
14    Appropriation. . . . . . . . . . . . . . . . . . . . .     $1,416,000
15 Natural Climate Solutions Account—State
16     Appropriation. . . . . . . . . . . . . . . . . . . . . . $166,000
17TOTAL APPROPRIATION. . . . . . . . . . . . . . . $102,921,000
18     The appropriations in this section are subject to the following
19 conditions and limitations:
20     (1) The department is authorized to require an applicant to pay
21 an application fee to cover the cost of reviewing the project and
22 preparing an advisory opinion on whether a proposed electric
23 generation project or conservation resource qualifies to meet
24 mandatory conservation targets.
25     (2) $500,000 of the general fund—state appropriation for fiscal
26 year 2026 and $500,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely to build a mapping and
28 forecasting tool that provides locations and information on charging
29 and refueling infrastructure as required in chapter 300, Laws of 2021
30 (zero emissions transp.). The department shall collaborate with the
31 interagency electric vehicle coordinating council established in
32 chapter 182, Laws of 2022 (transportation resources) when developing
33 the tool and must work to meet benchmarks established in chapter 182,
34 Laws of 2022 (transportation resources).
35     (3)   $5,000,000  of  the   climate   commitment  account—state
36 appropriation is provided solely for grants to support port
37 districts, counties, cities, towns, special purpose districts, any
38 other municipal corporations or quasi-municipal corporations, and
39 tribes to support siting and permitting of clean energy projects in
  p. 63  ESSB 5167.SL
1  the state. Eligible uses of grant funding provided in this section
2  include supporting predevelopment work for sites intended for clean
3  energy projects, land use studies, conducting or engaging in planning
4  efforts such as planned actions and programmatic environmental impact
5  statements, and staff to improve permit timeliness and certainty.
6     (4)(a) $500,000 of the general fund—state appropriation for
7 fiscal year 2026 is provided solely for the department to contract
8 with one or more of the western national laboratories, or a similar
9 independent research organization, in consultation with state and
10 federal energy agencies, stakeholders, and relevant utilities, to
11 conduct an analysis for new electricity generation, transmission,
12 ancillary services, efficiency and storage sufficient to offset those
13 presently provided by the lower Snake river dams. The analysis should
14 include a list of requirements for a replacement portfolio that
15 diversifies and improves the resilience and maintains the reliability
16 and adequacy of the electric power system, is consistent with the
17 state's statutory and regulatory requirements for clean electricity
18 generation, and is supplementary to the resources that will be
19 required to replace fossil fuels in the electrical generation,
20 transportation, industry, and buildings sectors. The department and
21 its contractor's assessment will include quantitative analysis based
22 on available data as well as qualitative input gathered from tribal
23 and other governments, the Northwest power and conservation council,
24 relevant utilities, and other key stakeholders. The analysis must
25 include the following:
26     (i) Expected trends for demand, and distinct scenarios that
27 examine potential outcomes for electricity demand, generation, and
28 storage technologies development, land use and land use constraints,
29 and cost through 2050, as well as the most recent analysis of future
30 resource adequacy and reliability;
31     (ii) A resource portfolio approach in which a combination of
32 commercially available generating resources, energy efficiency,
33 conservation, and demand response programs, transmission resources,
34 and   other  programs   and   resources   that would  be  necessary
35 prerequisites to replace the power and grid reliability services
36 otherwise provided by the lower Snake river dams and the time frame
37 needed to put those resources into operation;
38     (iii) Identification of generation and transmission siting
39 options consistent with the overall replacement resource portfolio,
  p. 64  ESSB 5167.SL
1 in   coordination  with   other  state   processes   and  requirements
2 supporting the planning of clean energy and transmission siting;
3     (iv) An evaluation of alternatives for the development, ownership
4 and operation of the replacement resource portfolio;
5     (v) Examination of possible impacts and opportunities that might
6 result from the renewal of the Columbia river treaty, revisions of
7 the    Bonneville   power    administration    preference   contracts,
8 implementation of the western resource adequacy program (WRAP), and
9 other changes in operation and governance of the regional electric
10 power system, consistent with statutory and regulatory requirements
11 of the clean energy transformation act;
12     (vi) Identification of revenue and payment structures sufficient
13 to maintain reliable and affordable electricity supplies for
14 ratepayers, with emphasis on overburdened communities;
15     (vii) Development of distinct scenarios that examine different
16 potential   cost  and   timeline   potentials   for  development   and
17 implementation of identified generation and transmission needs and
18 options including planning, permitting, design, and construction,
19 including relevant federal authorities, consistent with the statutory
20 and regulatory requirements of the clean energy transformation act;
21     (viii) Quantification of impacts to greenhouse gas emissions
22 including    life-cycle    emissions    analysis    associated    with
23 implementation of identified generation and transmission needs and
24 options including (A) planning, permitting, design, and construction,
25 and, if relevant, emissions associated with the acquisition of non-
26 Washington state domestic or foreign sources of electricity, and (B)
27 any additional operations of existing fossil-fueled generating
28 resources; and
29     (ix) An inventory of electricity demand by state-owned or
30 operated facilities and information needed to complete a request for
31 proposals (RFP) to satisfy this demand through new nonhydro renewable
32 energy generation and/or conservation.
33     (b) The department shall, to the extent determined practicable,
34 consider related analyses undertaken by the federal government as
35 part of the Columbia river system operation stay of litigation agreed
36 to in National Wildlife Federation et al. v. National Marine
37 Fisheries Service et al. in October 2021.
38     (c) The department shall provide a status update to the energy
39 and environment committees of the legislature and governor's office
40 by June 30, 2026.
  p. 65  ESSB 5167.SL
1      (5)   $13,088,000  of   the   climate  commitment account—state
2  appropriation is provided solely for the department to administer a
3  grant program to assist owners of public buildings in covering the
4  costs of conducting an investment grade energy audit for those
5  buildings. Public buildings include those owned by state and local
6  governments, tribes, and school districts.
7     (6)   $1,078,000   of  the   climate   commitment   account—state
8 appropriation is provided solely for the department to develop plans
9 to test hydrogen combustion and resulting nitrogen oxides (NOx)
10 emissions, technical assistance for strategic end uses of hydrogen, a
11 feasibility assessment regarding underground storage of hydrogen in
12 Washington, and an environmental justice toolkit for hydrogen
13 projects.
14    (7)   $1,678,000   of   the    climate   commitment   account—state
15 appropriation is provided solely for implementation of chapter 344,
16 Laws of 2024 (public building materials), including to develop and
17 maintain a publicly accessible database for covered projects to
18 submit environmental and working conditions data, to convene a
19 technical work group, and to develop legislative reports.
20     (8)   $2,500,000   of   the  climate   commitment   account—state
21 appropriation is provided solely for the department for activities
22 that engage tribes or overburdened communities when siting renewable
23 energy generation or electrical transmission facilities in Washington
24 state. Of the amounts provided in this subsection:
25     (a)   $2,000,000  of   the   climate  commitment   account—state
26 appropriation is provided solely for engagement of a tribal
27 collaborative and participating tribes to identify areas with higher
28 and lower potential for avoiding conflicts with tribes when siting
29 renewable energy generation and electrical transmission facilities.
30 The effort must consider tribal renewable energy and transmission
31 needs, tribal sovereignty and rights, sensitive natural areas and
32 working lands, and the goal to minimize harm while maximizing
33 benefits to tribal communities. The department may contract for this
34 purpose.
35     (b)   $500,000   of   the   climate   commitment   account—state
36 appropriation is provided solely for the department to engage with
37 communities to create a framework and process to support early and
38 ongoing overburdened community input for the planning and development
39 of transmission corridors. This shall, to the extent feasible,
  p. 66  ESSB 5167.SL
1  include identifying ways for overburdened communities to benefit from
2  transmission corridor development as well as ways to reduce and avoid
3  conflict with overburdened communities in the development of
4  transmission corridors. Engagement activities may be coordinated with
5  the tribal collaborative described in section 133 of this act and
6  other relevant community engagement activities within the department.
7     (9)(a)   $200,000  of   the   climate  commitment   account—state
8 appropriation is provided solely for a grant to continue the
9 Washington just and rapid transition climate tech program. The grant
10 will provide funding for the recruitment, development, business
11 training, and support of underserved climate technology innovators,
12 entrepreneurs, and organizations developing or deploying solutions in
13 the areas of renewable energy, energy efficiency, sustainable
14 transportation, and other technology solving for the environmental
15 challenges facing overburdened communities in Washington.
16     (b) Activities may include supporting entrepreneurs in preparing
17 for private investment; technical assistance for entrepreneurs
18 receiving state directed federal equity and debt capital; assistance
19 accessing or leveraging the use of federal funding; business coaching
20 and mentoring; and connections to technical and business resources.
21     (c) The grant recipient must be a nonprofit organization that has
22 been awarded, from the state of Washington, federal state small
23 business credit initiative funds for investment in Washington climate
24 tech entrepreneurs, and must also have experience managing investment
25 funding and providing entrepreneurial support programs and federal
26 funding assistance to early-stage climate start-ups and businesses
27 based in Washington. The grant recipient should have experience
28 providing services to individuals and companies led by individuals
29 from underrepresented groups, including BIPOC, women, and individuals
30 residing in rural communities and have working partnerships with
31 state    research   universities,    climate   technology    industry
32 associations, and community-based organizations serving underserved
33 communities.
34     (10)   $300,000   of   the   climate    commitment  account—state
35 appropriation is provided solely for the department to provide
36 assistance   and  develop   financing   recommendations  to   increase
37 transmission capacity in Washington. The department must use the
38 funding provided in this subsection to:
39     (a) Provide assistance to local and tribal governments regarding
40 the permitting of electric transmission projects which includes, but
  p. 67  ESSB 5167.SL
1 is not limited to, providing easily accessible information on
2 advanced transmission technologies in Washington and identifying
3 applicable codes and ordinances that support transmission facilities
4 for the purpose of providing frameworks that local and tribal
5 governments may consider or adopt;
6     (b) Provide technical assistance to transmission operators for
7 increasing and enhancing transmission capacity with reconductoring
8 and other advanced transmission technologies; and
9     (c) Identify the appropriate finance mechanisms needed to improve
10 capacity to develop electric transmission in Washington. By November
11 1, 2025, the department must submit a report that analyzes financing
12 options for transmission projects and provides recommendations to the
13 governor and the appropriate committees of the legislature.
14     (11)   $163,000   of   the   climate   commitment account—state
15 appropriation is provided solely for the department to administer a
16 pilot program to provide grants and technical assistance to support
17 planning, predevelopment, and installation of commercial, dual-use
18 solar power demonstration projects. Eligible grant recipients may
19 include, but are not limited to, nonprofit organizations, public
20 entities, and federally recognized tribes.
21     (12)(a) $10,000,000 of the climate commitment account—state
22 appropriation is provided solely for the department to administer a
23 program to assist community-based organizations, local governments,
24 ports, tribes, and other entities to access federal tax incentives
25 and grants. Eligible entities for the program include, but are not
26 limited to, local governments in Washington, tribal governments and
27 tribal entities, community-based organizations, housing authorities,
28 ports, transit agencies, nonprofit organizations, and for-profit
29 businesses. The department shall prioritize assistance that benefits
30 vulnerable populations in overburdened communities, with a goal of
31 directing at least 25 percent of funds to this purpose.
32     (b) Within the amounts provided in (a) of this subsection, the
33 department must contract with a nonprofit organization to provide the
34 following services:
35     (i) Development of tax guidance resources for clean energy tax
36 credits, including core legal documents to be used broadly across
37 stakeholders;
38     (ii) Providing tailored marketing materials for these resources
39 targeting underserved entities; and
  p. 68  ESSB 5167.SL
1      (iii) Providing funds to subcontract with clean energy tax
2  attorneys to pilot office hours style support available to eligible
3  entities across the state.
4      (13)   $3,500,000  of  the   climate   commitment  account—state
5  appropriation is provided solely for the department to provide and
6  facilitate   access   to  energy   assistance   programs,   including
7  incentives, energy audits, and rebate programs to retrofit homes and
8  small businesses.
9     (14)   $250,000   of   the   climate   commitment   account—state
10 appropriation is provided solely for the department to contract with
11 a nonprofit entity that represents the maritime industry to develop
12 and publish a strategic framework regarding the production, supply,
13 and use of sustainable maritime fuels and deployment of low and zero-
14 emissions vessel technologies in Washington. Analyses will include
15 relevant human and environmental health and equity considerations.
16 Funding under this subsection may be used for activities including,
17 but   not   limited   to,   convening  stakeholders   and  building
18 organizational capacity. Stakeholder engagement pursuant to this
19 subsection shall include, at a minimum, engagement with federal and
20 state agencies, ports, industry, labor, research institutions,
21 nongovernmental organizations, and relevant federally recognized
22 tribes.
23     (15)   $456,000   of   the   climate   commitment   account—state
24 appropriation is provided solely for the department to develop
25 guidance documents regarding the different types of battery energy
26 storage systems technologies. The guidance documents must address
27 safety    considerations,   emergency    response   preparation   and
28 requirements, and siting and zoning. The department shall contract
29 with a facilitator to convene a work group of staff and relevant
30 stakeholders with expertise on the topic. The guidance documents
31 shall be completed by June 30, 2027.
32     (16)   $719,000   of   the   climate   commitment   account—state
33 appropriation is provided solely for the department to develop a
34 guidebook to support local governments in integrating clean energy
35 development into planning and zoning requirements, including dual-use
36 clean energy technologies and colocation with agricultural uses. The
37 guidebook shall be developed through a stakeholder engagement process
38 that includes, but is not limited to, federally recognized tribes and
39 local governments. The department shall offer direct technical
  p. 69  ESSB 5167.SL
1 assistance to local governments, including methods and best practices
2 for siting clean energy projects and colocation of energy facilities
3 with agricultural operations, open space areas, and other land uses.
4     (17)   $450,000   of   the   climate   commitment   account—state
5 appropriation is provided solely for the department to contract with
6 the Washington state academy of sciences to complete a study to
7 determine the value of distributed solar and storage in Washington
8 state. Including any factors that it finds relevant, the academy
9 shall develop policy recommendations and options for a methodology or
10 methodologies that utility regulators and governing bodies may use
11 after the statutory four percent net metering threshold is met. The
12 academy shall submit a final report to the department and the
13 utilities and transportation commission by October 1, 2026.
14     (18) $197,000 of the general fund—state appropriation for fiscal
15 year 2026 is provided solely for the department to complete the final
16 report of the electrical transmission workforce needs study pursuant
17 to section 1117(40) of this act. The department must submit the final
18 report of the study to the appropriate committees of the legislature
19 by November 1, 2025.
*Sec. 133 was partially vetoed. See message at end of chapter.
20     NEW SECTION.      Sec. 134.     FOR THE DEPARTMENT OF COMMERCE—PROGRAM
21 SUPPORT
22 General Fund—State Appropriation (FY 2026). . . . . . . .  $6,539,000
23 General Fund—State Appropriation (FY 2027). . . . . . . .  $5,692,000
24 General Fund—Federal Appropriation. . . . . . . . . . . .  $7,902,000
25 General Fund—Private/Local Appropriation. . . . . . . . .  $2,075,000
26 Dedicated Cannabis Account—State Appropriation
27     (FY 2026). . . . . . . . . . . . . . . . . . . . . . . . .  $2,000
28 Climate Commitment Account—State Appropriation. . . . . .  $1,753,000
29 Growth Management Planning and Environmental Review
30     Fund—State Appropriation. . . . . . . . . . . . . . . . $148,000
31TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $24,111,000
32     The appropriations in this section are subject to the following
33 conditions and limitations:
34     (1)   $253,000   of   the   climate   commitment   account—state
35 appropriation is provided solely for the department to incorporate
36 equity and environmental justice into agency grant programs with the
37 goal of reducing programmatic barriers to vulnerable populations in
  p. 70  ESSB 5167.SL
1 overburdened   communities  in  accessing  department   funds.  The
2 department shall prioritize grant programs receiving funds from the
3 accounts established under RCW 70A.65.240, 70A.65.250, 70A.65.260,
4 70A.65.270, and 70A.65.280.
5     (2)   $1,500,000   of   the  climate commitment account—state
6 appropriation is provided solely for the department to continue
7 implementation of chapter 70A.02 RCW.
8     (3) $175,000 of the general fund—state appropriation for fiscal
9 year 2026 and $175,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for language access activities,
11 which may include translation services, interpretation services, and
12 in-language material development.
13     NEW SECTION.    Sec. 135.     FOR THE ECONOMIC AND REVENUE FORECAST
14 COUNCIL
15 General Fund—State Appropriation (FY 2026). . . . . . . . .     $948,000
16 General Fund—State Appropriation (FY 2027). . . . . . . . .     $946,000
17 Lottery Administrative Account—State Appropriation. . . . . . $50,000
18TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $1,944,000
19     NEW SECTION.   Sec. 136.    FOR THE OFFICE OF FINANCIAL MANAGEMENT
20 General Fund—State Appropriation (FY 2026). . . . . . . . $16,140,000
21 General Fund—State Appropriation (FY 2027). . . . . . . . $16,270,000
22 General Fund—Federal Appropriation. . . . . . . . . . . . $36,493,000
23 General Fund—Private/Local Appropriation. . . . . . . . . .     $539,000
24 Climate Commitment Account—State Appropriation. . . . . .     $3,004,000
25 Performance Audits of Government Account—State
26     Appropriation. . . . . . . . . . . . . . . . . . . . . . .    $2,000
27 Personnel Service Account—State Appropriation. . . . . .     $24,571,000
28 Higher Education Personnel Services Account—State
29     Appropriation. . . . . . . . . . . . . . . . . . . . .    $1,428,000
30 Statewide 988 Behavioral Health Crisis Response Line
31     Account—State Appropriation. . . . . . . . . . . . . . . $300,000
32 Statewide Information Technology System Development
33     Revolving Account—State Appropriation. . . . . . . . $154,207,000
34 Office of Financial Management Central Service
35     Account—State Appropriation. . . . . . . . . . . . .     $34,140,000
36 Labor Relations Service Nonappropriated Account—
37     State Appropriation. . . . . . . . . . . . . . . . .     $11,797,000
  p. 71  ESSB 5167.SL
1TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $298,891,000
2     The appropriations in this section are subject to the following
3 conditions and limitations:
4     (1)(a) The student achievement council and all institutions of
5 higher education as defined in RCW 28B.92.030 and eligible for state
6 financial aid programs under chapters 28B.92 and 28B.118 RCW shall
7 ensure that data needed to analyze and evaluate the effectiveness of
8 state financial aid programs are promptly transmitted to the
9 education data center so that it is available and easily accessible.
10 The data to be reported must include but not be limited to:
11     (i) The number of Washington college grant and college bound
12 recipients;
13     (ii) Persistence and completion rates of Washington college grant
14 recipients and college bound recipients, disaggregated by institution
15 of higher education;
16(iii) Washington college grant recipients grade point averages;
17 and
18     (iv) Washington college grant and college bound scholarship
19 program costs.
20     (b) The student achievement council shall submit student unit
21 record data for state financial aid program applicants and recipients
22 to the education data center.
23     (2)(a)   $153,269,000  of  the   information   technology  system
24 development revolving account—state appropriation is provided solely
25 for the one Washington enterprise resource planning statewide program
26 phase 1A (agency financial reporting system replacement) and is
27 subject to the conditions, limitations, and review requirements of
28 section 701 of this act.
29     (b) Of the amount provided in this subsection:
30     (i) $15,300,000 of the information technology system development
31 revolving account—state appropriation is provided solely for a
32 technology pool in fiscal year 2026 to pay for phase 1A (agency
33 financial reporting system replacement—core financials) state agency
34 costs due to legacy system remediation work associated with impacted
35 financial systems and interfaces. The office of financial management
36 must manage the pool, authorize funds, track funds authorized and
37 spent by agency by fiscal month, and report after each fiscal month
38 close on the agency spending to Washington technology solutions so
39 that the spending is included in the statewide dashboard actual
  p. 72  ESSB 5167.SL
1  spending each fiscal month for phase 1A and included on the program
2  dashboard for program actual spend;
3      (ii) $27,563,000 of the information technology system development
4 revolving account—state appropriation is provided solely for an
5 agency readiness pool in fiscal year 2026 to pay for phase 1A (agency
6 financial reporting system replacement-core financials) state agency
7 costs incurred in preparation for a successful transition to phase
8 1A. The office of financial management must manage this pool,
9 authorize funds, track funds authorized and spent by agency by fiscal
10 month, and report after each fiscal month close on the agency
11 spending to Washington technology solutions so that the spending is
12 included in the statewide dashboard actual spending each fiscal month
13 for phase 1A and included on the program dashboard program actual
14 spend; and
15     (iii) $988,000 of the information technology system development
16 revolving account—state appropriation is provided solely for an
17 interagency agreement in fiscal year 2026 with Washington technology
18 solutions for one dedicated information technology consultant and two
19 dedicated system architect staff. These staff will work with state
20 agencies to ensure preparation and timely decommission of information
21 technology   systems  that    will   no   longer   be necessary   post
22 implementation of phase 1A (agency financial reporting system
23 replacement-core financials).
24     (c) The one Washington solution and team must use an agile
25 development   model  holding    live   demonstrations of   functioning
26 software, developed using incremental user research, held at the end
27 of two-week sprints.
28     (d) The one Washington solution must be capable of being
29 continually updated, as necessary.
30     (e) Beginning July 1, 2025, the office of financial management
31 shall provide written quarterly reports, within 30 calendar days of
32 the end of each fiscal quarter, to legislative fiscal committees and
33 the legislative evaluation and accountability program committee to
34 include how funding was spent compared to the budget spending plan
35 for the prior quarter by fiscal month and what the ensuing quarter
36 budget will be by fiscal month. All reporting must be separated by
37 phase of one Washington subprojects. The written report must also
38 include:
  p. 73  ESSB 5167.SL
1     (i) A list of quantifiable deliverables scheduled for that
2 quarter, including those accomplished and the amount spent associated
3 with each deliverable, by fiscal month;
4     (ii) A report on the contract full-time equivalent charged
5 compared to the budget spending plan by fiscal month for each
6 contracted vendor, to include interagency agreements with other state
7 agencies, and what the ensuing contract equivalent budget spending
8 plan assumes by fiscal month;
9     (iii) A report identifying each state agency that applied for and
10 received technology pool resources under (b)(i) of this subsection,
11 the staffing equivalent used, and the actual spending by fiscal month
12 by agency compared to the budget spending plan by fiscal month;
13     (iv) A report identifying each state agency that applied for and
14 received agency readiness pool resources under (b)(ii) of this
15 subsection, the staffing equivalent used, and the actual spending by
16 fiscal month by agency compared to the budget spending plan by fiscal
17 month;
18     (v) A report on budget spending plan by fiscal month by phase
19 compared to actual spending by fiscal month, and the projected
20 spending plan by fiscal month for the ensuing quarter;
21     (vi) A report on current financial office performance metrics
22 that at least 10 state agencies use, to include the monthly
23 performance data, that began July 1, 2021;
24     (vii) A report identifying each mandatory go-live phase 1A system
25 by agency and system name, and the status on each system readiness
26 compliance to meet the go-live date as of the start of the quarter
27 and the percentage of compliance by the end of the quarter;
28     (viii) An accounting of each known risk to the project identified
29 by Washington technology solutions, the assigned quality assurance
30 vendor, or the program during the last quarter, and then how each of
31 these risks were addressed during the last quarter, what date each of
32 these risks are anticipated to be resolved, and if the risk will be
33 unresolved in the ensuing quarter;
34     (ix) An accounting of any deliverables that were changed in the
35 last quarter noting start and anticipated end dates before and after
36 change, and any plans to change future deliverables to include what
37 the deliverable was, what the new deliverable is, why the deliverable
38 was or will be missed, what was done to mitigate this delay, and what
39 the revised deliverable date is; and
  p. 74  ESSB 5167.SL
1     (x) The project roll-out schedule by phase to include the date
2 each phase will go live compared to the last known go-live date. If
3 the go-live date changed since the last quarterly report, the report
4 must reference the last go-live date compared to the new one and
5 include detail on why the schedule will be missed, how the project
6 mitigated additional delays, and what the additional time in the
7 schedule is anticipated to cost by fiscal year.
8     (f) Prior to the expenditure of the amounts provided in this
9 subsection, the director of the office of financial management must
10 review and approve the spending in writing.
11     (g) The legislature intends to provide additional funding for
12 fiscal year 2027 costs for phase 1A (agency financial reporting
13 system replacement) to be completed.
14     (3) $250,000 of the office of financial management central
15 services account—state appropriation is provided solely for a
16 dedicated information technology budget staff for the work associated
17 with statewide information technology projects that at least are
18 subject to the conditions, limitations, and review requirements of
19 section 701 of this act and are under the oversight of Washington
20 technology solutions. The staff will be responsible for providing a
21 monthly financial report after each fiscal month close to fiscal
22 staff of the senate ways and means and house appropriations
23 committees to reflect at least:
24     (a) Fund balance of the information technology pool account after
25 each fiscal month close;
26     (b) Amount by information technology project, differentiated if
27 in the technology pool or the agency budget, of what funding has been
28 approved to date and for the last fiscal month;
29     (c) Amount by agency of what funding has been approved to date
30 and for the last fiscal month;
31     (d) Total amount approved to date, differentiated if in the
32 technology pool or the agency budget, and for the last fiscal month;
33     (e) A projection for the information technology pool account by
34 fiscal month through the 2025-2027 fiscal biennium close, and a
35 calculation spent to date as a percentage of the total appropriation;
36     (f) A projection of each information technology project spending
37 compared to budget spending plan by fiscal month through the
38 2025-2027 fiscal biennium, and a calculation of amount spent to date
39 as a percentage of total project cost; and
  p. 75  ESSB 5167.SL
1     (g) A list of agencies and projects that have not yet applied for
2 nor been approved for funding by the office of financial management.
3     (4) Within existing resources, the labor relations section shall
4 produce a report annually on workforce data and trends for the
5 previous fiscal year. At a minimum, the report must include a
6 workforce profile; information on employee compensation, including
7 salaries and cost of overtime; and information on retention,
8 including average length of service and workforce turnover.
9     (5) The office of financial management must report to and
10 coordinate with the department of ecology to track expenditures from
11 climate commitment act accounts, as defined and described in RCW
12 70A.65.300 and chapter 173-446B WAC.
13     (6) Within existing resources, the office will maintain a data
14 portal to track state agency expenditures from climate commitment act
15 accounts as defined and described in RCW 70A.65.300 and chapter
16 173-446B WAC. The data portal must be coordinated with the department
17 of ecology.
18    (7) $250,000 of the general fund—state appropriation for fiscal
19 year 2026 and $250,000 of the general fund—state appropriation for
20 fiscal year 2027 are provided solely for implementation of chapter
21 245, Laws of 2022 (state boards, etc./stipends).
22     (8)(a) $100,000 of the general fund—state appropriation for
23 fiscal year 2026 is provided solely for the office of financial
24 management to complete a study of the future long-term uses of the
25 Olympic heritage behavioral health campus. The study must assess the
26 options for maximizing the facility's ability to receive federal
27 matching funds for services provided while contributing to the health
28 of the entire state behavioral health system based on community
29 needs. The study must examine Washington behavioral health system
30 trends, including demand and capacity for voluntary and involuntary
31 behavioral health in-patient treatment, forecasted bed need and
32 current and planned statewide capacity for civil and forensic state
33 hospital populations, short-term civil commitment capacity trends,
34 and trends in prosecutorial forensic referrals. The study must also
35 consider area provider admittance and refusal rates. The study must
36 include:
37     (i) An analysis on the types of services which could be provided
38 at the property, including but not limited to:
  p. 76  ESSB 5167.SL
1     (A) Voluntary behavioral health treatment services, including
2 diversion, prediversion, and specialty services for people with co-
3 occurring conditions including substance use disorders, intellectual
4 or   developmental   disabilities,  traumatic   brain  disorders,   or
5 dementia;
6     (B) Services for patients that are deemed not guilty by reason of
7 insanity;
8     (C) Integrated service approaches that address medical, housing,
9 vocational, and other needs of behaviorally disabled individuals with
10 criminal   legal   involvement   or  likelihood   of  criminal   legal
11 involvement;
12     (D) Long-term involuntary treatment services for specialized
13 populations such as those with developmental disabilities or
14 dementia;
15     (E) Short-term involuntary treatment services;
16     (F) Long-term involuntary treatment services for civil conversion
17 patients;
18     (G) Out-patient intensive behavioral health treatment including
19 partial hospitalization and intensive outpatient care;
20     (H) Crisis response services; and
21     (I) Other services that will increase the state's ability to
22 comply with requirements for providing timely admission of competency
23 restoration patients into treatment beds;
24     (ii) Review of potential for additional capacity or services on
25 the entirety of the property, including any capital improvements
26 needed to expand services under the options described in (a)(i) of
27 this subsection;
28     (iii) Identification and evaluation of strategies to obtain
29 federal matching funding opportunities, specifically focusing on
30 innovative medicaid framework adjustments and the consideration of
31 necessary state plan amendments;
32     (iv)   Estimated   costs,    required   staffing   and  workforce
33 availability for each of the recommended types of services if
34 available; and
35     (v) Consideration of options for providers that can provide the
36 different services recommended at the facility and an analysis on the
37 cost differential and potential federal reimbursement for the
38 different providers. The office of financial management may consider
39 a variety of provider types or partners, including, but not limited
40 to:
  p. 77  ESSB 5167.SL
1     (A) Tribal or local governments;
2     (B) Acute care hospitals already providing similar care;
3     (C) Providers contracted by the health care authority; and
4     (D) State-operated options.
5     (b) The office of financial management shall consult with the
6 University of Washington school of medicine, the health care
7 authority, and the department of social and health services in
8 developing and conducting the study.
9     (c) The office of financial management shall submit a final
10 report with its findings and recommendations to the governor and the
11 appropriate policy and fiscal committees of the legislature by
12 December 1, 2025.
13     (d) The office of financial management may contract with one or
14 more third parties and consult with other state entities to conduct
15 the study. The contract is exempt from the competitive procurement
16 requirements in chapter 39.26 RCW.
17     (9)   $352,000   of   the    labor   relations    service      nonappropriated
18 account—state appropriation is provided solely for implementation of
19 Senate Bill No. 5653 (fish and wildlife officers). If the bill is not
20 enacted by June 30, 2025, the amount provided in this subsection
21 shall lapse.
22     NEW SECTION.      Sec.      137.     FOR   THE   OFFICE   OF    ADMINISTRATIVE
23 HEARINGS
24 Administrative Hearings Revolving Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . .  $72,878,000
26 Administrative Hearings Revolving Account—Local
27     Appropriation. . . . . . . . . . . . . . . . . . . . . .   $12,000
28TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $72,890,000
29     The appropriations in this section are subject to the following
30 conditions and limitations:
31     (1) $809,000 of the administrative hearings revolving account—
32 state appropriation is provided solely for implementation of
33 Engrossed Substitute Senate Bill No. 5291 (long-term services trust).
34 If the bill is not enacted by June 30, 2025, the amount provided in
35 this subsection shall lapse.
36     (2) $24,000 of the administrative hearings revolving account—
37 state appropriation is provided solely for implementation of
38 Engrossed  Second  Substitute Senate  Bill   No.  5217  (pregnancy
  p. 78  ESSB 5167.SL
1 accommodations). If the bill is not enacted by June 30, 2025, the
2 amount provided in this subsection shall lapse.
3     (3) $56,000 of the administrative hearings revolving account—
4 state appropriation is provided solely for implementation of
5 Engrossed Second Substitute House Bill No. 1213 (paid family and
6 medical leave protections). If the bill is not enacted by June 30,
7 2025, the amount provided in this subsection shall lapse.
8     (4) $39,000 of the administrative hearings revolving account—
9 state appropriation is provided solely for implementation of
10 Engrossed Substitute House Bill No. 1644 (working minors). If the
11 bill is not enacted by June 30, 2025, the amount provided in this
12 subsection shall lapse.
13     NEW SECTION.   Sec. 138.    FOR THE WASHINGTON STATE LOTTERY
14 Lottery Administrative Account—State Appropriation. . . . $31,618,000
15TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $31,618,000
16     The appropriation in this section is subject to the following
17 conditions and limitations:
18     (1) No portion of this appropriation may be used for acquisition
19 of gaming system capabilities that violate state law.
20     (2) Pursuant to RCW 67.70.040, the commission shall take such
21 action necessary to reduce retail commissions to an average of 5.1
22 percent of sales.
23     NEW SECTION.   Sec. 139.    FOR THE COMMISSION ON HISPANIC AFFAIRS
24 General Fund—State Appropriation (FY 2026). . . . . . . .  $1,173,000
25 General Fund—State Appropriation (FY 2027). . . . . . . .  $1,199,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . . .  $2,372,000
27     The appropriations in this section are subject to the following
28 conditions   and   limitations:   $105,000   of   the   general    fund—state
29 appropriation for fiscal year 2026 and $105,000 of the general fund—
30 state appropriation for fiscal year 2027 are provided solely for
31 grants to gang youth intervention specialists for a pilot program
32 within high schools in Washington. Grants may be provided without
33 using a competitive selection process.
34     NEW SECTION.    Sec. 140.     FOR THE COMMISSION ON AFRICAN-AMERICAN
35 AFFAIRS
36 General Fund—State Appropriation (FY 2026). . . . . . . . .  $559,000
  p. 79  ESSB 5167.SL
1 General Fund—State Appropriation (FY 2027). . . . . . . . . $541,000
2TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $1,100,000
3     NEW SECTION.   Sec. 141.   FOR THE DEPARTMENT OF RETIREMENT SYSTEMS
4 —OPERATIONS
5 Department of Retirement Systems Expense Account—
6     State Appropriation. . . . . . . . . . . . . . . . .   $124,988,000
7TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $124,988,000
8     The appropriation in this section is subject to the following
9 conditions and limitations:
10     (1) $45,493,000 of the department of retirement systems expense
11 account—state appropriation is provided solely for pension system
12 modernization, and is subject to the conditions, limitations, and
13 review requirements of section 701 of this act.
14     (2) $20,000 of the department of retirement systems expense
15 account—state appropriation is provided solely for implementation of
16 Senate Bill No. 5306 (pension credit for leave). If the bill is not
17 enacted by June 30, 2025, the amount provided in this subsection
18 shall lapse.
19    NEW SECTION.    Sec. 142.   FOR THE DEPARTMENT OF REVENUE
20 General Fund—State Appropriation (FY 2026). . . . . . .    $431,882,000
21 General Fund—State Appropriation (FY 2027). . . . . . .    $448,347,000
22 Timber Tax Distribution Account—State Appropriation. . . . $8,187,000
23 Business License Account—State Appropriation. . . . . . . $20,025,000
24 Waste Reduction, Recycling, and Litter Control
25    Account—State Appropriation. . . . . . . . . . . . . . . $184,000
26 Model Toxics Control Operating Account—State
27     Appropriation. . . . . . . . . . . . . . . . . . . . . .   $128,000
28 Financial Services Regulation Nonappropriated Fund—
29     State Appropriation. . . . . . . . . . . . . . . . . . $5,000,000
30TOTAL APPROPRIATION. . . . . . . . . . . . . . . $913,753,000
31     The appropriations in this section are subject to the following
32 conditions and limitations:
33     (1) $1,661,000 of the general fund—state appropriation for fiscal
34 year 2026 and $1,661,000 of the general fund—state appropriation for
35 fiscal year 2027 are provided solely for the implementation of
36 chapter 196, Laws of 2021 (capital gains tax).
  p. 80  ESSB 5167.SL
1     (2)   $253,005,000    of   the    general   fund—state  appropriation   for
2  fiscal year 2026 and $273,103,000 of the general fund—state
3  appropriation for fiscal year 2027 are provided solely for
4  implementation of chapter 195, Laws of 2021 (working families tax
5  exempt.). Of the total amounts provided in this subsection:
6     (a)    $14,005,000    of    the    general   fund—state  appropriation   for
7 fiscal    year   2026    and   $14,103,000  of    the    general    fund—state
8  appropriation    for     fiscal      year   2027        are    provided   solely   for
9  administration of the working families tax exemption program; and
10     (b)   $239,000,000    of   the    general   fund—state  appropriation   for
11 fiscal year 2026 and $259,000,000 of the general fund—state
12 appropriation for fiscal year 2027 are provided solely for
13 remittances under the working families tax exemption program.
14     (3) $6,976,000 of the general fund—state appropriation for fiscal
15 year 2026 and $4,510,000 of the general fund—state appropriation for
16 fiscal year 2027 are provided solely for the department to implement
17 2025 revenue legislation. Within the amounts provided in this
18 section, funding is sufficient for the department to implement
19 Substitute Senate Bill No. 5314 (capital gains tax) and Engrossed
20 Substitute House Bill No. 2061 (duty-free sales enterprises).
21     (4) $181,000 of the general fund—state appropriation for fiscal
22 year 2026 is provided solely to support the underground economy task
23 force created in section 906, chapter 376, Laws of 2024.
24     (5) Within existing resources, during the 2025-2027 fiscal
25 biennium, the department of revenue shall implement an expanded
26 voluntary disclosure program for all entities engaged in investment
27 activities that are not a banking, lending, or security business, as
28 defined in RCW 82.04.4281. Unless an audit has been commenced by the
29 department as of July 1, 2025, all such entities may participate in
30 the expanded voluntary disclosure program. During the 2025-2027
31 fiscal biennium, the department shall waive all penalties and
32 interest for participating entities of the expanded voluntary
33 disclosure program for the purpose of registering and collecting
34 revenue due from businesses.
35     NEW SECTION.    Sec. 143.        FOR THE BOARD OF TAX APPEALS
36 General Fund—State Appropriation (FY 2026). . . . . . . .  $2,810,000
37 General Fund—State Appropriation (FY 2027). . . . . . . .  $2,847,000
38TOTAL APPROPRIATION. . . . . . . . . . . . . . . .  $5,657,000
  p. 81  ESSB 5167.SL
1      NEW SECTION. Sec. 144.     FOR THE OFFICE OF MINORITY AND WOMEN'S
2  BUSINESS ENTERPRISES
3  General Fund—State Appropriation (FY 2026). . . . . . . .      $3,611,000
4  General Fund—State Appropriation (FY 2027). . . . . . . .      $3,677,000
5  Minority and Women's Business Enterprises Account—
6      State Appropriation. . . . . . . . . . . . . . . . . . $8,350,000
7TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $15,638,000
8     The appropriations in this section are subject to the following
9 conditions and limitations: The office of minority and women's
10 business enterprises shall consult with the Washington state office
11 of equity on the Washington state toolkit for equity in public
12 spending.
13    NEW SECTION.   Sec. 145.   FOR THE INSURANCE COMMISSIONER
14 General Fund—State Appropriation (FY 2026). . . . . . . . .     $300,000
15 General Fund—State Appropriation (FY 2027). . . . . . . . .     $800,000
16 General Fund—Federal Appropriation. . . . . . . . . . . .      $6,780,000
17 Insurance Commissioner's Regulatory Account—State
18     Appropriation. . . . . . . . . . . . . . . . . . . .     $95,465,000
19 Insurance Commissioner's Fraud Account—State
20     Appropriation. . . . . . . . . . . . . . . . . . . . . $4,851,000
21TOTAL APPROPRIATION. . . . . . . . . . . . . . . $108,196,000
22     The appropriations in this section are subject to the following
23 conditions and limitations:
24     (1) $1,244,000 of the insurance commissioner's regulatory account
25 —state   appropriation is provided solely for the commissioner to
26 continue   its   work   on  behavioral   health  parity   compliance,
27 enforcement, and provider network oversight. The commissioner may use
28 internal staff and contracted experts to oversee provider directories
29 and evaluate consumer access to services for mental health and
30 substance use disorders in state-regulated individual, small group,
31 and large group health plans.
32     (2) $350,000 of the insurance commissioner's regulatory account—
33 state appropriation is provided solely for the commissioner to study
34 the feasibility of using a joint underwriting association to provide
35 property and liability insurance coverage for child care centers,
36 group foster homes, family child care homes, child and youth serving
37 organizations, and child placement services. The commissioner must
  p. 82  ESSB 5167.SL
1 provide a report of findings to the appropriate policy committees of
2 the legislature by December 31, 2025.
3     (a) The commissioner shall collect information from entities
4 transacting insurance in the state and other sources to evaluate
5 feasibility, limitations, and options. Any authorized insurers,
6 unauthorized insurers, and risk retention groups contacted for
7 purposes of this study are required to provide the requested
8 information to the commissioner. The commissioner may confer with
9 government entities, insurers, and stakeholders as needed for the
10 feasibility study and report of findings.
11     (b) The commissioner may contract with actuaries and other
12 consultants,   as  needed,   to   analyze  data  gathered,   evaluate
13 feasibility, assess limitations, develop options and recommendations,
14 and prepare the report.
15     (c) The study shall evaluate, at a minimum:
16     (i) Concerns with the cost or availability of property and
17 liability coverage for child care centers, group foster homes, family
18 child care homes, child and youth serving organizations, and child
19 placement services;
20     (ii) Barriers that child care centers, group foster homes, family
21 child care homes, child and youth serving organizations, and child
22 placement services experience in accessing adequate property and
23 liability coverage;
24     (iii) Whether and how a joint underwriting association might suit
25 the property and liability coverage needs of child care centers,
26 group foster homes, family child care homes, child and youth serving
27 organizations, and child placement services, and any limitations of a
28 joint underwriting association in meeting the need; and
29     (iv) Statutory or implementation considerations relevant to
30 legislative deliberations regarding feasibility.
31     (3) $3,297,000 of the insurance commissioner's regulatory account
32 —state appropriation is provided solely for the commissioner to
33 enhance consumer education, outreach, counseling, and complaint
34 resolution for elders and persons with disabilities related to
35 medicare program enrollment and access to care through the senior
36 health insurance benefit advisor program. Activities under this
37 subsection may include but are not limited to: Contracts with
38 community-based organizations with language skills and relationships
39 with medicare beneficiaries; permanent or part-time staffing;
40 volunteer recruitment; and outreach activities.
  p. 83  ESSB 5167.SL
1      (4) $187,000 of the insurance commissioner's regulatory account—
2  state appropriation is provided solely for implementation of
3  Engrossed Senate Bill No. 5721 (automobile insurance). If the bill is
4  not enacted by June 30, 2025, the amount provided in this subsection
5  shall lapse.
6     (5) $290,000 of the insurance commissioner's regulatory account—
7 state appropriation is provided solely for implementation of
8 Substitute Senate Bill No. 5351 (dental insurance practices). If the
9 bill is not enacted by June 30, 2025, the amount provided in this
10 subsection shall lapse.
11     (6) $528,000 of the insurance commissioner's regulatory account—
12 state appropriation for fiscal year 2026 is provided solely for the
13 commissioner to study insurers' use of credit history, credit-based
14 insurance scores, other rate factors that may have disparate impacts
15 on Washington residents, and alternatives to their use, in
16 determining personal insurance premiums, rates, or eligibility for
17 coverage, and the associated impacts to consumer costs and the
18 availability of insurance. The commissioner must provide a report of
19 findings to the appropriate policy committees of the legislature by
20 November 1, 2026.
21     (a) In conducting the study, the commissioner shall:
22     (i) Collect information from entities transacting personal
23 insurance as defined in RCW 48.19.035(1)(e), and any identified
24 authorized insurers are required to provide the requested information
25 to the commissioner;
26     (ii) Investigate and obtain any other relevant information that
27 may assist the commissioner with analyzing insurers' use of credit
28 history, credit-based insurance scoring models, other rate factors
29 that may disparately impact Washington residents, and alternatives to
30 their use, in determining personal insurance premiums, rates,
31 eligibility for coverage, and evaluating the associated impacts to
32 consumer costs and the availability of insurance;
33     (iii) Contract with actuarial and other consultants, as needed,
34 to:
35     (A) Analyze insurers' use of credit history, credit-based
36 insurance scoring models, or other rate factors that may disparately
37 impact Washington residents, in determining premiums, rates, and
38 eligibility for coverage for people of various races, ethnicities,
39 sexes, socioeconomic status, and national origins;
  p. 84  ESSB 5167.SL
1     (B) Identify and analyze alternate rate factors that could be
2 used to determine premiums, rates, and eligibility for coverage that
3 neither rely on credit history or credit-based insurance scoring
4 models, nor disparately impact Washington residents of various races,
5 ethnicities, sexes, socioeconomic status, or national origins; and
6     (C) Analyze the likely impact of insurers' uses under (a)(iii)(A)
7 of this subsection and alternative rate factors identified under
8 (a)(iii)(B) of this subsection, on consumer costs, rates, premiums
9 eligibility for coverage, and availability of insurance for people of
10 various races, ethnicities, sexes, socioeconomic status, and national
11 origins; and
12     (iv) Develop for legislative consideration, policy options and
13 their likely impacts on consumer costs, premiums, rates, eligibility
14 for coverage, and the availability of personal insurance, of use of
15 rate plans that include and exclude credit history, credit-based
16 insurance scoring models, or other rate factors that may have a
17 disparate impact on Washington residents.
18     (b) Consistent with RCW 43.01.036, the commissioner shall submit
19 a final report by November 1, 2026, with review findings, policy
20 options, and recommendations regarding allowance, prohibition, or
21 contingent use, of credit history, credit-based insurance scoring
22 models, other disparately impactful rating factors, and alternatives
23 to their use, for personal insurance, and the associated impacts on
24 consumer costs, premiums, rates, eligibility for coverage, and
25 availability of insurance for people of various races, ethnicities,
26 sexes, socioeconomic status, and national origins.
27     (c) Data requested by, or provided to, the commissioner and the
28 commissioner's contracted consultants for the purpose of complying
29 with the study and reporting requirements in this subsection is
30 confidential by law and privileged and is not subject to public
31 disclosure under chapter 48.02.065(8) RCW. Nothing in this subsection
32 prohibits the commissioner from preparing and publishing reports,
33 analyses, or other documents using the data received under this
34 subsection so long as the data is in aggregate form and does not
35 permit the identification of information related to individual
36 companies. Data in the aggregate form is deemed public records
37 available for public inspection. Nothing in this subsection affects,
38 limits, or amends the commissioner's authority under chapter 48.37
39 RCW.
  p. 85  ESSB 5167.SL
1     (7) $737,000 of the insurance commissioner's regulatory account—
2 state appropriation is provided solely for implementation of
3 Engrossed Substitute Senate Bill No. 5291 (long-term services trust).
4 If the bill is not enacted by June 30, 2025, the amount provided in
5 this subsection shall lapse.
6     (8) $284,000 of the insurance commissioner's regulatory account—
7 state appropriation is provided solely for implementation of
8 Substitute House Bill No. 1669 (prosthetic limb coverage). If the
9 bill is not enacted by June 30, 2025, the amount provided in this
10 subsection shall lapse.
11     (9) $56,000 of the insurance commissioner's regulatory account—
12 state appropriation is provided solely for implementation of
13 Substitute Senate Bill No. 5419 (reports of fire losses). If the bill
14 is not enacted by June 30, 2025, the amount provided in this
15 subsection shall lapse.
16     (10) $157,000 of the insurance commissioner's regulatory account—
17 state appropriation is provided solely for implementation of Senate
18 Bill No. 5108 (service contracts). If the bill is not enacted by June
19 30, 2025, the amount provided in this subsection shall lapse.
20     (11)(a) $250,000 of the insurance commissioner's regulatory
21 account—state appropriation is provided solely for the commissioner,
22 in consultation with the health care authority, to complete an
23 analysis of the cost to implement an obesity treatment benefit as
24 described in Senate Bill No. 5353 (diabetes and obesity).
25     (b) The commissioner must contract with one or more consultants
26 to obtain utilization and cost data from the Washington state all
27 payer claims database and, if needed, Washington state health
28 carriers, as defined in RCW 48.43.005, necessary to provide an
29 estimate of the fiscal impact of including an obesity treatment
30 benefit in the commercial health plan market.
31     (c) The analysis must include, but is not limited to, a
32 utilization and cost analysis of each of the following services:
33     (i) Intensive health, behavioral, and lifestyle treatment;
34     (ii) Metabolic and bariatric surgery; and
35     (iii) Food and drug administration-approved obesity medication.
36     (d) The report should include projected costs in the individual,
37 small group and large group markets, separate and in the aggregate,
38 expressed both as total annual costs and per member per month costs
39 for plan years 2028 through 2029.
  p. 86  ESSB 5167.SL
1     (e) The commissioner must report the findings of the analysis to
2 the governor and appropriate committees of the legislature by
3 September 30, 2026.
4     (12) $350,000 of the insurance commissioner's regulatory account—
5 state appropriation is provided solely for the commissioner to review
6 and evaluate the efficacy of current property protection class rating
7 methodologies and to study the feasibility of modernizing community
8 property classification rating schedules to more accurately reflect
9 the fire protection risk and available mitigations for a specific
10 property by December 31, 2025.
11     (13) $491,000 of the insurance commissioner's fraud account—state
12 appropriation is provided solely for the commissioner to collaborate
13 with the Pierce county prosecuting attorney's office regarding the
14 criminal prosecution of matters investigated by the limited authority
15 peace officers employed by the commissioner.
16     (14) $100,000 of the insurance commissioner's regulatory account—
17 state appropriation is provided solely for implementation of
18 Engrossed Second Substitute House Bill No. 1686 (health care entity
19 registry). If the bill is not enacted by June 30, 2025, the amount
20 provided in this subsection shall lapse.
21     (15) $1,287,000 of the insurance commissioner's regulatory
22 account—state appropriation is provided solely for implementation of
23 Engrossed Second Substitute House Bill No. 1432 (mental health
24 services). If the bill is not enacted by June 30, 2025, the amount
25 provided in this subsection shall lapse.
26     (16) $14,000 of the insurance commissioner's regulatory account—
27 state appropriation is provided solely for implementation of
28 Engrossed Substitute House Bill No. 1971 (prescription hormone
29 therapy). If the bill is not enacted by June 30, 2025, the amount
30 provided in this subsection shall lapse.
31     (17) $250,000 of the insurance commissioner's regulatory account—
32 state appropriation is provided solely for the commissioner to enter
33 into an interagency agreement with the health care authority to
34 support economic, actuarial, or other modeling related to design of a
35 universal health care system, as directed in RCW 41.05.840.
36     (18) $116,000 of the insurance commissioner's regulatory account—
37 state appropriation is provided solely for implementation of
38 Substitute House Bill No. 1392 (medicaid access program). If the bill
  p. 87  ESSB 5167.SL
1 is not enacted by June        30,   2025,   the   amount   provided   in   this
2 subsection shall lapse.
3     (19) $273,000 of the insurance commissioner's regulatory account—
4 state appropriation is provided solely for implementation of
5 Substitute Senate Bill No. 5579 (health/contract terminations). If
6 the bill is not enacted by June 30, 2025, the amount provided in this
7 subsection shall lapse.
8    (20) $300,000 of the general fund—state appropriation for fiscal
9 year 2026 and $800,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely to the office of the insurance
11 commissioner to defray costs during plan year 2026 incurred by
12 carriers for coverage in qualified health plans of state-mandated
13 health benefits included in the state essential health benefits
14 benchmark plan as approved by the federal centers for medicare and
15 medicaid services on October 7, 2024, that are not permitted to be
16 treated as an essential health benefit under federal law or
17 regulation.
18     (21) $368,000 of the insurance commissioner's regulatory account—
19 state appropriation is provided solely for implementation of Second
20 Substitute House Bill No. 1516 (insurance/affordable units). If the
21 bill is not enacted by June 30, 2025, the amount provided in this
22 subsection shall lapse.
23    NEW SECTION.   Sec. 146.    FOR THE STATE INVESTMENT BOARD
24 State Investment Board Expense Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . .  $90,325,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $90,325,000
27     The appropriation in this section is subject to the following
28 conditions and limitations: $170,000 of the state investment board
29 expense   account—state   appropriation   is    provided solely for
30 implementation of Senate Joint Resolution No. 8201 (investment/LTSS
31 accounts). If the resolution is not enacted by June 30, 2025, the
32 amount provided in this subsection shall lapse.
33    NEW SECTION.   Sec. 147.    FOR THE LIQUOR AND CANNABIS BOARD
34 General Fund—State Appropriation (FY 2026). . . . . . . . .  $620,000
35 General Fund—State Appropriation (FY 2027). . . . . . . . .  $638,000
36 General Fund—Federal Appropriation. . . . . . . . . . . .  $3,210,000
37 General Fund—Private/Local Appropriation. . . . . . . . . . . $75,000
  p. 88  ESSB 5167.SL
1  Dedicated Cannabis Account—State Appropriation
2      (FY 2026). . . . . . . . . . . . . . . . . . . . . .    $14,486,000
3  Dedicated Cannabis Account—State Appropriation
4      (FY 2027). . . . . . . . . . . . . . . . . . . . . .    $14,966,000
5  Liquor Revolving Account—State Appropriation. . . . . .    $105,057,000
6TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $139,052,000
7     The appropriations in this section are subject to the following
8 conditions and limitations:
9     (1) The liquor and cannabis board may require electronic payment
10 of the cannabis excise tax levied by RCW 69.50.535. The liquor and
11 cannabis board may allow a waiver to the electronic payment
12 requirement for good cause as provided by rule.
13     (2)   $8,208,000   of    the   liquor   revolving account—state
14 appropriation is provided solely for the tax and fee systems
15 replacement and are subject to the conditions, limitations, and
16 review requirements of section 701 of this act.
17     (3) $117,000 of the liquor revolving account—state appropriation
18 is provided solely for implementation of Engrossed Senate Bill No.
19 5206 (cannabis advertising). If the bill is not enacted by June 30,
20 2025, the amount provided in this subsection shall lapse.
21     (4) $165,000 of the liquor revolving account—state appropriation
22 is provided solely for implementation of Second Substitute Senate
23 Bill No. 5786 (liquor license fees). If the bill is not enacted by
24 June 30, 2025, the amount provided in this subsection shall lapse.
25     (5)   $1,367,000    of the   liquor   revolving  account—state
26 appropriation is provided solely for implementation of Second
27 Substitute House Bill No. 1515 (alcohol service in public). If the
28 bill is not enacted by June 30, 2025, the amount provided in this
29 subsection shall lapse.
30     (6) $28,000 of the liquor revolving account—state appropriation
31 is provided solely for implementation of Engrossed House Bill No.
32 1602 (liquor food service options). If the bill is not enacted by
33 June 30, 2025, the amount provided in this subsection shall lapse.
34     (7) Within existing resources appropriated in this section, by
35 December 1, 2025, the liquor and cannabis board, in consultation with
36 the department of commerce when specified in this subsection, shall
37 evaluate the cannabis social equity program as provided in this
38 subsection and submit a report to the governor and appropriate
39 committees of the legislature with findings and policy options. In
  p. 89  ESSB 5167.SL
1 conducting the evaluation, the board shall provide opportunities for
2 public comment on the cannabis social equity program from communities
3 throughout Washington. The evaluation must include the following
4 components:
5     (a) A review of feedback received by the board in public comments
6 from individuals that the program is intended to benefit, the public,
7 and the cannabis industry;
8     (b) An examination of the issuance and reissuance of cannabis
9 retailer licenses that began before January 1, 2025, under the
10 provisions of chapter 236, Laws of 2020, including a comparative
11 analysis of the applicants who successfully secured a location and
12 were issued a cannabis retailer license relative to applicants whose
13 status remains pending but were issued a preliminary letter of
14 approval by the board;
15     (c) An examination, in consultation with the department of
16 commerce, of grants awarded and the mentorships provided under RCW
17 43.330.540 and opportunities for the alignment of the board's
18 implementation of the cannabis social equity program with the
19 department of commerce's implementation of RCW 43.330.540;
20     (d) The demographic information about owners of licensed cannabis
21 businesses who became licensed under the cannabis social equity
22 program, to the extent such information is available or obtainable by
23 the board;
24     (e) The identification of any provisions of law or rule and any
25 economic, market, or practical factors that effectively prevent or
26 hinder the successful opening, operation, and business success of
27 cannabis businesses licensed under the cannabis social equity
28 program; and
29     (f) An examination of the impact of provisions in laws and rules
30 on cannabis licensees in the cannabis social equity program with
31 respect to: (i) Permissible locations for the siting of licensed
32 cannabis   businesses,   including  distance   restrictions  in   RCW
33 69.50.331(8), zoning or other location restrictions in local
34 government ordinances, and local written objections under RCW
35 69.50.331(11); (ii) the mobility of cannabis licenses to or between
36 jurisdictions; (iii) the ability of persons holding an existing
37 cannabis retailer license or title certificate for a cannabis
38 retailer business to apply for a cannabis license under a cannabis
39 social equity program, when the license or certificate holder is
40 located in a local jurisdiction that is subject to a ban or
  p. 90  ESSB 5167.SL
1 moratorium on cannabis retail businesses; (iv) prioritizing license
2 applications through use of a third-party contractor, using a scoring
3 rubric developed by the board; (v) restrictions on the transfer or
4 assumption of a cannabis license issued through the cannabis social
5 equity program, other than to individuals or groups of individuals
6 who comply with the requirements for initial licensure as a social
7 equity applicant for a period of at least five years from the date of
8 initial licensure; and (vi) the definition of a "social equity
9 applicant."
10     NEW SECTION.    Sec. 148.     FOR THE UTILITIES AND TRANSPORTATION
11 COMMISSION
12 Public Service Revolving Account—State Appropriation. . . $72,453,000
13 Public Service Revolving Account—Federal
14    Appropriation. . . . . . . . . . . . . . . . . . . . . .        $100,000
15 Pipeline Safety Account—State Appropriation. . . . . . . . $3,759,000
16 Pipeline Safety Account—Federal Appropriation. . . . . . . $3,473,000
17TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $79,785,000
18     The appropriations in this section are subject to the following
19 conditions and limitations:
20     (1) Up to $800,000 of the public service revolving account—state
21 appropriation in this section is for the utilities and transportation
22 commission to supplement funds committed by a telecommunications
23 company to expand rural broadband service on behalf of an eligible
24 governmental entity. The amount in this subsection represents
25 payments collected by the utilities and transportation commission
26 pursuant to the Qwest performance assurance plan.
27    (2)   $617,000   of   the   public   service   revolving   account—state
28 appropriation is provided solely for implementation of Engrossed
29 Second Substitute Senate Bill No. 5284 (solid waste management). If
30 the bill in not enacted by June 30, 2025, the amount provided in this
31 subsection shall lapse.
32     (3) $239,000 of the public service revolving account—state
33 appropriation is provided solely for implementation of Engrossed
34 Substitute Senate Bill No. 5445 (local energy resilience). If the
35 bill in not enacted by June 30, 2025, the amount provided in this
36 subsection shall lapse.
37     (4) $39,000 of the public service revolving account—state
38 appropriation is provided solely for implementation of Second
  p. 91  ESSB 5167.SL
1  Substitute House Bill No. 1990 (utility disaster costs). If the bill
2  is not enacted by June 30, 2025, the amount provided in this
3  subsection shall lapse.
4     (5) $71,000 of the public service revolving account—state
5 appropriation is provided solely for implementation of Engrossed
6 Substitute House Bill No. 1522 (utility wildfire mitigation). If the
7 bill is not enacted by June 30, 2025, the amount provided in this
8 subsection shall lapse.
9     (6) $202,000 of the public service revolving account—state
10 appropriation is provided solely for implementation of Second
11 Substitute House Bill No. 1514 (low carbon thermal energy). If the
12 bill is not enacted by June 30, 2025, the amount provided in this
13 subsection shall lapse.
14    NEW SECTION.   Sec. 149.   FOR THE MILITARY DEPARTMENT
15 General Fund—State Appropriation (FY 2026). . . . . . . . $16,219,000
16 General Fund—State Appropriation (FY 2027). . . . . . . . $15,961,000
17 General Fund—Federal Appropriation. . . . . . . . . . .     $148,158,000
18 911 Account—State Appropriation. . . . . . . . . . . . .     $55,114,000
19 Disaster Response Account—State Appropriation. . . . . .     $52,763,000
20 Disaster Response Account—Federal Appropriation. . . . . $702,432,000
21 Military Department Rent and Lease Account—State
22     Appropriation. . . . . . . . . . . . . . . . . . . . .    $1,409,000
23 Military Department Active State Service Account—
24     State Appropriation. . . . . . . . . . . . . . . . . . .    $400,000
25 Natural Climate Solutions Account—State
26     Appropriation. . . . . . . . . . . . . . . . . . . . . .     $55,000
27 Oil Spill Prevention Account—State Appropriation. . . . . .     $855,000
28 Worker and Community Right to Know Fund—State
29     Appropriation. . . . . . . . . . . . . . . . . . . . . $2,243,000
30TOTAL APPROPRIATION. . . . . . . . . . . . . . . $995,609,000
31     The appropriations in this section are subject to the following
32 conditions and limitations:
33     (1) The military department shall submit a report to the office
34 of financial management and the legislative fiscal committees by
35 February 1st and October 31st of each year detailing information on
36 the disaster response account, including: (a) The amount and type of
37 deposits into the account; (b) the current available fund balance as
38 of the reporting date; and (c) the projected fund balance at the end
  p. 92  ESSB 5167.SL
1  of the 2025-2027 fiscal    biennium     based   on   current   revenue   and
2  expenditure patterns.
3     (2) $40,000,000 of the general fund—federal appropriation is
4 provided solely for homeland security, subject to the following
5 conditions:   Any   communications  equipment   purchased   by   local
6 jurisdictions or state agencies shall be consistent with standards
7 set by the Washington state interoperability executive committee.
8     (3) $11,000,000 of the 911 account—state appropriation  is
9 provided solely for financial assistance to counties.
10     (4) $784,000 of the disaster response account—state appropriation
11 is provided solely for fire suppression training, equipment, and
12 supporting costs to national guard soldiers and airmen.
13     (5) $876,000 of the disaster response account—state appropriation
14 is provided solely for a dedicated access and functional needs
15 program manager, access and functional need services, and a dedicated
16 tribal liaison to assist with disaster preparedness and response.
17     (6) The department must report to and coordinate with the
18 department of ecology to track expenditures from climate commitment
19 act accounts, as defined and described in RCW 70A.65.300 and chapter
20 173-446B WAC.
21     (7)(a) $355,000 of the general fund—state appropriation for
22 fiscal year 2026 is provided solely for the department to conduct a
23 study regarding statewide building code and construction standards
24 pertaining to earthquake and tsunami resilience as well as
25 recommendations for functional recovery of buildings and critical
26 infrastructure directly following an earthquake. In conducting the
27 study, the department must request input from the state building code
28 council and representatives of appropriate public and private sector
29 entities. The department may contract for all or a portion of the
30 study. The study must, at a minimum, include an assessment of:
31     (i) Functional recovery building code standards that are being
32 developed at the federal level, have been proposed or adopted in
33 other countries, states, or local jurisdictions with a high risk of
34 earthquakes, or are developed by public or private organizations with
35 expertise in earthquake performance standards and safety;
36     (ii) The levels of functional recovery supported by current state
37 and local building and construction codes;
38     (iii) The objectives, feasibility, necessary measures, and
39 estimated costs of adopting and implementing statewide functional
  p. 93  ESSB 5167.SL
1 recovery building code standards, and how this assessment is impacted
2 by whether the standards:
3     (A) Are mandatory or voluntary;
4     (B) Apply to only certain types of structures and infrastructure
5 or prioritize certain types of structures and infrastructure;
6     (C) Apply to existing structures and infrastructure in addition
7 to new construction;
8     (D) Are intended to apply to only specific seismic hazard levels;
9 or
10     (E) Include nonstructural components as well as structural
11 systems;
12     (iv) How statewide standards for functional recovery would fit
13 into an all hazards approach for state emergency response and
14 recovery;
15     (v) Funding opportunities that provide for the coordination of
16 state and federal funds for the purposes of improving the state's
17 preparedness   for  functional   recovery   following  a  significant
18 earthquake or tsunami; and
19     (vi) Equity considerations for the development of statewide
20 building code standards for functional recovery.
21     (b) The department must submit a final report summarizing the
22 study's findings and including policy recommendations relating to
23 statewide building code standards for functional recovery to the
24 appropriate committees of the legislature by May 1, 2026.
25     NEW SECTION.   Sec. 150.    FOR THE PUBLIC EMPLOYMENT RELATIONS
26 COMMISSION
27 General Fund—State Appropriation (FY 2026). . . . . . . .     $2,765,000
28 General Fund—State Appropriation (FY 2027). . . . . . . .     $2,740,000
29 Personnel Service Account—State Appropriation. . . . . . . $4,872,000
30 Higher Education Personnel Services Account—State
31     Appropriation. . . . . . . . . . . . . . . . . . . . . $1,613,000
32TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $11,990,000
33     The appropriations in this section are subject to the following
34 conditions and limitations:
35    (1) $61,000 of the general fund—state appropriation for fiscal
36 year 2026 and $41,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for implementation of Substitute
38 Senate Bill No. 5503 (public employee bargaining). If the bill is not
  p. 94  ESSB 5167.SL
1 enacted by June 30, 2025, the amounts provided in this subsection
2 shall lapse.
3     (2) $119,000 of the general fund—state appropriation for fiscal
4 year 2026 and $99,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for implementation of Engrossed
6 Substitute House Bill No. 1141 (ag. cannabis workers). If the bill is
7 not enacted by June 30, 2025, the amounts provided in this subsection
8 shall lapse.
9     NEW SECTION.     Sec. 151.    FOR THE BOARD OF ACCOUNTANCY
10 Certified Public Accountants' Account—State
11     Appropriation. . . . . . . . . . . . . . . . . . . . .  $4,802,000
12TOTAL APPROPRIATION. . . . . . . . . . . . . . . .  $4,802,000
13     *NEW SECTION.      Sec. 152.      FOR THE  BOARD   FOR   VOLUNTEER
14 FIREFIGHTERS
15 Volunteer Firefighters' and Reserve Officers'
16     Administrative Account—State Appropriation. . . . . .  $1,563,000
17TOTAL APPROPRIATION. . . . . . . . . . . . . . . .  $1,563,000
18     The appropriation in this section is subject to the following
19 conditions and limitations: $50,000 of the volunteer firefighters'
20 and reserve officers' administrative account—state appropriation is
21 provided solely for the board to contract with the department of
22 commerce to conduct a study on the extension of duty-related
23 occupational disease presumptions to participants in the volunteer
24 firefighters' relief and pension system. The study must examine the
25 presumption in RCW 51.32.185, and report to the fiscal committees of
26 the legislature by June 30, 2026, on the prevalence of these
27 conditions among volunteer firefighters, and the fiscal impact of
28 extending additional relief and pension benefits to participants.
*Sec. 152 was partially vetoed. See message at end of chapter.
29     NEW SECTION.     Sec. 153.    FOR THE FORENSIC INVESTIGATION COUNCIL
30 Death Investigations Account—State Appropriation. . . . . .  $841,000
31TOTAL APPROPRIATION. . . . . . . . . . . . . . . . .  $841,000
32     The appropriation in this section is subject to the following
33 conditions and limitations:
34     (1)(a) $250,000 of the death investigations account—state
35 appropriation is provided solely for providing financial assistance
  p. 95  ESSB 5167.SL
1 to local jurisdictions in multiple death investigations. The forensic
2 investigation council shall develop criteria for awarding these funds
3 for multiple death investigations involving an unanticipated,
4 extraordinary, and catastrophic event or those involving multiple
5 jurisdictions.
6     (b) Of the amount provided in this subsection, $30,000 of the
7 death investigations account—state appropriation is provided solely
8 for the Adams county crime lab to investigate a double homicide that
9 occurred in fiscal year 2021.
10     (2)   $210,000   of   the  death   investigations  account—state
11 appropriation is provided solely for providing financial assistance
12 to local jurisdictions in identifying human remains.
13     (3) The forensic investigation council must collaborate and work
14 with the Washington state patrol for the patrol to provide services
15 related to public records requests, to include responding to, or
16 assisting the council in responding to, public disclosure requests
17 received by the council.
18     NEW SECTION.    Sec.   154.    FOR    THE   DEPARTMENT   OF   ENTERPRISE
19 SERVICES
20 General Fund—State Appropriation (FY 2026). . . . . . . . $18,229,000
21 General Fund—State Appropriation (FY 2027). . . . . . . . $17,985,000
22 General Fund—Private/Local Appropriation. . . . . . . . . .  $102,000
23 Building Code Council Account—State Appropriation. . . . . $2,266,000
24 Climate Commitment Account—State Appropriation. . . . . .  $1,308,000
25 Prescribed Fire Claims Account—State Appropriation. . . . $2,000,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $41,890,000
27     The appropriations in this section are subject to the following
28 conditions and limitations:
29    (1) $6,672,000 of the general fund—state appropriation for fiscal
30 year 2026 and $6,725,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for the payment of facilities
32 and services charges to include campus rent, parking, security,
33 contracts, public and historic facilities, financial cost recovery,
34 and capital projects surcharges allocable to the senate, house of
35 representatives, statute law committee, legislative support services,
36 and joint legislative systems committee. The department shall
37 allocate charges attributable to these agencies among the affected
38 revolving funds. The department shall maintain an interagency
  p. 96  ESSB 5167.SL
1 agreement with these agencies to establish performance standards,
2 prioritization of preservation and capital improvement projects, and
3 quality assurance provisions for the delivery of services under this
4 subsection. The legislative agencies named in this subsection shall
5 continue to have all of the same rights of occupancy and space use on
6 the capitol campus as historically established.
7     (2) Before any agency may purchase a passenger motor vehicle as
8 defined in RCW 43.19.560, the agency must have approval from the
9 director of the department of enterprise services. Agencies that are
10 exempted from the requirement are the Washington state patrol,
11 Washington state department of transportation, and the department of
12 natural resources.
13     (3) From the fee charged to master contract vendors, the
14 department shall transfer to the office of minority and women's
15 business enterprises in equal monthly installments $1,500,000 in
16 fiscal year 2026 and $1,300,000 in fiscal year 2027.
17     (4) Within existing resources, the department, in collaboration
18 with Washington technology solutions, must provide a report to the
19 governor and fiscal committees of the legislative by October 31 of
20 each calendar year that reflects information technology contract
21 information based on a contract snapshot from June 30 of that same
22 calendar year, and must also include any contract that was active
23 since July 1 of the previous calendar year. The department will
24 coordinate to receive contract information for all contracts to
25 include those where the department has delegated authority so that
26 the report includes statewide contract information. The report must
27 contain a list of all information technology contracts to include the
28 agency name, contract number, vendor name, contract term start and
29 end dates, contract dollar amount in total, and contract dollar
30 amounts by state fiscal year. The report must also include, by
31 contract, the contract spending projections by state fiscal year for
32 each ensuing state fiscal year through the contract term, and note
33 the type of service delivered. The list of contracts must be provided
34 electronically in Excel and be sortable by all field requirements.
35 The report must also include trend analytics on information
36 technology contracts, and recommendations for reducing costs where
37 possible.
38    (5) $654,000 of the general fund—state appropriation for fiscal
39 year 2026 and $654,000 of the general fund—state appropriation for
40 fiscal year 2027 are provided solely for the department, in
  p. 97  ESSB 5167.SL
1 collaboration with the state efficiency and environmental performance
2 program, to implement the zero emission vehicle strategy.
3     (6) $1,501,000 of the general fund—state appropriation for fiscal
4 year 2026 and $1,500,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for zero emission electric
6 vehicle supply equipment infrastructure at facilities to accommodate
7 charging   station  installation.  The   electric  vehicle   charging
8 equipment must allow for the collection of usage data and must be
9 coordinated with the state efficiency and environmental performance
10 program. The department must prioritize locations based on state
11 efficiency and environmental performance location priorities, and at
12 least where zero emission fleet vehicles are or are scheduled to be
13 purchased. The department must report when and where the equipment
14 was installed, usage data at each charging station, and the state
15 agencies and facilities that benefit from the installation of the
16 charging station to the fiscal committees of the legislature by June
17 30. The department shall collaborate with the interagency electric
18 vehicle coordinating council to implement this subsection and must
19 work to meet benchmarks established in chapter 182, Laws of 2022
20 (transportation resources).
21     (7)(a) $6,052,000 of the general fund—state appropriation for
22 fiscal   year   2026   and   $6,052,000   of   the   general    fund—state
23 appropriation for fiscal year 2027 are provided solely for
24 contracting with a nonprofit organization to produce gavel-to-gavel
25 television coverage of state government deliberations and other
26 events statewide. The funding level for each year of the contract
27 shall be based on the amount provided in this subsection. The
28 nonprofit organization shall be required to raise contributions or
29 commitments to make contributions, in cash or in kind, in an amount
30 equal to 40 percent of the state contribution. The department may
31 make full or partial payment once all criteria in this subsection
32 have been satisfactorily documented.
33     (b) The legislature finds that the commitment of on-going funding
34 is necessary to ensure continuous, autonomous, and independent
35 coverage of public affairs. For that purpose, the department shall
36 enter into a contract with the nonprofit organization to provide
37 public affairs coverage.
38     (c)   The  nonprofit   organization  shall   prepare  an   annual
39 independent audit, an annual financial statement, and an annual
  p. 98  ESSB 5167.SL
1 report, including benchmarks that measure the success of the
2 nonprofit organization in meeting the intent of the program.
3     (d) No portion of any amounts disbursed pursuant to this
4 subsection may be used, directly or indirectly, for any of the
5 following purposes:
6     (i) Attempting to influence the passage or defeat of any
7 legislation by the legislature of the state of Washington, by any
8 county, city, town, or other political subdivision of the state of
9 Washington, or by the congress, or the adoption or rejection of any
10 rule, standard, rate, or other legislative enactment of any state
11 agency;
12     (ii) Making contributions reportable under chapter 42.17A RCW; or
13     (iii) Providing any: (A) Gift; (B) honoraria; or (C) travel,
14 lodging, meals, or entertainment to a public officer or employee.
15     (8) $15,000 of the general fund—state appropriation for fiscal
16 year 2026 is provided solely for implementation of Substitute Senate
17 Bill No. 5655 (child care centers/buildings). If the bill is not
18 enacted by June 30, 2025, the amount provided in this subsection
19 shall lapse.
20     (9) $112,000 of the general fund—state appropriation for fiscal
21 year 2026 is provided solely for implementation of Substitute Senate
22 Bill No. 5552 (kit homes/building codes). If the bill is not enacted
23 by June 30, 2025, the amount provided in this subsection shall lapse.
24     (10) $2,000,000 of the prescribed fire claims account—state
25 appropriation is provided solely for implementation of Engrossed
26 Second Substitute House Bill No. 1563 (prescribed fire claims). If
27 the bill is not enacted by June 30, 2025, the amount provided in this
28 subsection shall lapse.
29     *NEW SECTION.   Sec. 155.   FOR THE DEPARTMENT OF ARCHAEOLOGY AND
30 HISTORIC PRESERVATION
31 General Fund—State Appropriation (FY 2026). . . . . . . .     $4,040,000
32 General Fund—State Appropriation (FY 2027). . . . . . . .     $3,973,000
33 General Fund—Federal Appropriation. . . . . . . . . . . .     $2,559,000
34 General Fund—Private/Local Appropriation. . . . . . . . . . . $14,000
35 Climate Commitment Account—State Appropriation. . . . . . . $617,000
36TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $11,203,000
37     The appropriations in this section are subject to the following
38 conditions and limitations:
  p. 99  ESSB 5167.SL
1     (1) $350,000 of the general fund—state appropriation for fiscal
2 year 2026 and $350,000 of the general fund—state appropriation for
3 fiscal year 2027 are provided solely for the Washington main street
4 program.
5     (2) $125,000 of the general fund—state appropriation for fiscal
6 year 2026 and $125,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for the implementation of the
8 black historic sites survey project.
9     (3) The department must report to and coordinate with the
10 department of ecology to track expenditures from climate commitment
11 act accounts, as defined and described in RCW 70A.65.300 and chapter
12 173-446B WAC.
13     (4) $30,000 of the general fund—state appropriation for fiscal
14 year 2026 and $30,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for the department to
16 participate in and contribute to a multiagency permitting team for
17 the purpose of streamlining the review of environmental restoration
18 projects that directly benefit fish or fish habitat. Projects for
19 review by the multiagency permitting team must be submitted under a
20 joint aquatic resources permit application and have had a project
21 review completed by the department of archaeology and historic
22 preservation regarding cultural resources protection requirements,
23 including the requirements of executive order 21-02. In general, the
24 multiagency permitting team is comprised of state agencies with
25 jurisdictional responsibility for the project proposal, local
26 governments in whose geographical jurisdiction the project would be
27 located, and any other expertise that may be needed in review of the
28 project. State agencies are responsible for carrying out their own
29 permit review and approval process.
*Sec. 155 was partially vetoed. See message at end of chapter.
30     NEW SECTION.      Sec. 156.     FOR THE WASHINGTON TECHNOLOGY SOLUTIONS
31 AGENCY
32 General Fund—State Appropriation (FY 2026). . . . . . . . .  $188,000
33 General Fund—State Appropriation (FY 2027). . . . . . . . .  $188,000
34 Washington Technology Solutions Revolving Account—
35     State Appropriation. . . . . . . . . . . . . . . . .  $140,085,000
36TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $140,461,000
  p. 100  ESSB 5167.SL
1     The appropriations in this section are subject to the following
2 conditions and limitations:
3     (1) $2,000,000 of the Washington technology solutions revolving
4 account—state appropriation is provided solely for experienced
5 information technology project managers to provide critical support
6 to agency IT projects that are under oversight from Washington
7 technology solutions. The staff or vendors will:
8     (a) Provide master level project management guidance to agency IT
9 stakeholders;
10     (b) Consider statewide best practices from the public and private
11 sectors, independent review and analysis, vendor management, budget
12 and timing quality assurance and other support of current or past IT
13 projects in at least Washington state and share these with agency IT
14 stakeholders and legislative fiscal staff at least twice annually and
15 post these to the statewide IT dashboard; and
16     (c) Provide independent recommendations to legislative fiscal
17 committees by December of each calendar year on oversight of IT
18 projects to include opportunities for accountability and performance
19 metrics.
20     (2) $2,226,000 of the Washington technology solutions revolving
21 account—state appropriation is provided solely for the enterprise
22 data management pilot project, and is subject to the conditions,
23 limitations, and review requirements of section 701 of this act.
24     (3) $16,655,000 of the Washington technology solutions revolving
25 account—state appropriation is provided solely for the office of
26 cyber security.
27     (4) $2,692,000 of the Washington technology solutions revolving
28 account—state appropriation is provided solely for the office of
29 privacy and data protection.
30     (5) Washington technology solutions shall work with customer
31 agencies using the Washington state electronic records vault (WASERV)
32 to identify opportunities to:
33     (a) Reduce storage volumes and costs associated with vault
34 records stored beyond the agencies' record retention schedules; and
35     (b) Assess a customized service charge as defined in chapter 304,
36 Laws of 2017 for costs of using WASERV to prepare data compilations
37 in response to public records requests.
38     (6)(a) In conjunction with Washington technology solutions'
39 prioritization of proposed information technology expenditures,
  p. 101  ESSB 5167.SL
1 agency   budget   requests   for   proposed   information  technology
2 expenditures must include the following:
3     (i) The agency's priority ranking of each information technology
4 request;
5     (ii) The estimated cost by fiscal year and by fund for the
6 current biennium;
7     (iii) The estimated cost by fiscal year and by fund for the
8 ensuing biennium;
9     (iv) The estimated total cost for the current and ensuing
10 biennium;
11     (v) The total cost by fiscal year, by fund, and in total, of the
12 information technology project since it began;
13     (vi) The estimated cost by fiscal year and by fund over all
14 biennia through implementation and close out and into maintenance and
15 operations;
16     (vii) The estimated cost by fiscal year and by fund for service
17 level agreements once the project is implemented;
18     (viii) The estimated cost by fiscal year and by fund for agency
19 staffing for maintenance and operations once the project is
20 implemented; and
21     (ix) The expected fiscal year when the agency expects to complete
22 the request.
23     (b) Washington technology solutions and the office of financial
24 management may request agencies to include additional information on
25 proposed information technology expenditure requests.
26     (7) Washington technology solutions must not increase fees
27 charged for existing services without prior approval by the office of
28 financial management. The agency may develop fees to recover the
29 actual cost of new infrastructure to support increased use of cloud
30 technologies.
31     (8) Within existing resources, the agency must provide oversight
32 of state procurement and contracting for information technology goods
33 and services by the department of enterprise services.
34     (9) Within existing resources, the agency must host, administer,
35 and support the state employee directory in an online format to
36 provide public employee contact information.
37     (10) The health care authority, the health benefit exchange, the
38 department of social and health services, the department of health,
39 the department of corrections, and the department of children, youth,
40 and families shall work together within existing resources to
  p. 102  ESSB 5167.SL
1 establish the health and human services enterprise coalition (the
2 coalition). The coalition, led by the health care authority, must be
3 a multi-organization collaborative that provides strategic direction
4 and federal funding guidance for projects that have cross-
5 organizational or enterprise impact, including information technology
6 projects that affect organizations within the coalition. Washington
7 technology solutions shall maintain a statewide perspective when
8 collaborating with the coalition to ensure that the development of
9 projects identified in this report are planned for in a manner that
10 ensures the efficient use of state resources and maximizes federal
11 financial participation. The work of the coalition and any project
12 identified as a coalition project is subject to the conditions,
13 limitations, and review provided in section 701 of this act.
14     (11) $9,101,000 of the Washington technology solutions revolving
15 account—state appropriation is provided solely for the creation and
16 ongoing delivery of information technology services tailored to the
17 needs of small agencies. The scope of services must include, at a
18 minimum, full-service desktop support, service assistance, security,
19 and consultation.
20     (12) $86,566,000 of the Washington technology solutions revolving
21 account—state appropriation is provided solely for the procurement
22 and distribution of Microsoft 365 licenses which must include
23 advanced security features and cloud-based private branch exchange
24 capabilities for state agencies. The office must report annually to
25 fiscal committees of the legislature each December 31, on the count
26 and type of licenses distributed by Washington technology solutions
27 to each state agency. The report must also separately report on the
28 count and type of Microsoft 365 licenses that state agencies have in
29 addition to those that are distributed by Washington technology
30 solutions so that the total count, type of license, and cost is known
31 for statewide Microsoft 365 licenses.
32     (13)   Washington   technology   solutions  shall   maintain   an
33 information technology project dashboard that, at minimum, provides
34 updated information each fiscal month on the projects subject to
35 section 701 of this act.
36     (a) The statewide information technology dashboard must include,
37 at a minimum, the:
38     (i) Start date of the project;
39     (ii) End date of the project, when the project will close out and
40 implementation will commence;
  p. 103  ESSB 5167.SL
1     (iii) Term of the project in state fiscal years across all
2 biennia to reflect the start of the project through the end of the
3 project;
4     (iv) Total project cost from start date through the end date of
5 the project in total dollars, and a subtotal of near general fund
6 outlook;
7     (v) Near general fund outlook budget and actual spending in total
8 dollars and by fiscal month for central service agencies that bill
9 out project costs;
10     (vi) Start date of maintenance and operations;
11     (vii) Estimated annual state fiscal year cost of maintenance and
12 operations after implementation and close out;
13     (viii) Actual spending by state fiscal year and in total for
14 state fiscal years that have closed;
15     (ix) Date a feasibility study was completed or note if none has
16 been completed to date;
17     (x) Monthly project status assessments on scope, schedule,
18 budget, and overall by the:
19     (A) Washington technology solutions;
20     (B) Quality assurance vendor, if applicable; and
21     (C) Agency project team;
22     (xi) Monthly quality assurance reports, if applicable;
23     (xii) Monthly Washington technology solutions status reports on
24 budget, scope, schedule, and overall project status; and
25     (xiii) Historical project budget and expenditures through fiscal
26 year 2025.
27     (b) The statewide dashboard must retain a roll up of the entire
28 project cost, including all subprojects, that can display subproject
29 detail. This includes coalition projects that are active. For
30 projects that include multiple agencies or subprojects and roll up,
31 the dashboard must display:
32     (i) A separate technology budget and investment plan for each
33 impacted agency. If the impacted agency has funding appropriated to
34 another agency, as is done with the statewide electronic health
35 records solution where the federal funding is appropriated to the
36 health care authority and not at the department of corrections, then
37 the technology budget must be compiled in the lead agency technology
38 budget only, referencing any differences in appropriation index, as
39 described in section 701(4)(b)(iii)(B) of this act; and
  p. 104  ESSB 5167.SL
1     (ii) A statewide project technology budget roll up that includes
2 each affected agency at the subproject level.
3     (c) Washington technology solutions may recommend additional
4 elements to include but must have agreement with legislative fiscal
5 committees and the office of financial management prior to including
6 additional elements.
7      (d) The agency must ensure timely posting of project data on the
8 statewide information technology dashboard for at least each project
9 funded in the budget and those projects subject to the conditions,
10 limitations, and review requirements of section 701 of this act to
11 include, at a minimum, posting on the dashboard:
12     (i) The budget funded level by project for each project under
13 oversight within 30 calendar days of the budget being signed into
14 law;
15     (ii) The project historical expenditures through completed fiscal
16 years by December 31; and
17     (iii) Whether each project has completed a feasibility study.
18     (e) Washington technology solutions must post to the statewide
19 dashboard a list of funding received by fiscal year by enacted
20 session law, and how much was received citing chapter law as a list
21 of funding provided by fiscal year.
22     (14) Within existing resources, Washington technology solutions
23 must collaborate with the department of enterprise services on the
24 annual contract report that provides information technology contract
25 information. Washington technology solutions will:
26     (a) Provide data to the department of enterprise services
27 annually by September 1 of each year; and
28     (b) Provide analysis on contract information for all agencies
29 comparing spending across state fiscal years by, at least, the
30 contract spending towers.
31     (15) $8,666,000 of the Washington technology solutions revolving
32 account—state appropriation is provided solely for implementation of
33 the enterprise cloud computing program as outlined in the December
34 2020 Washington state cloud readiness report. Funding provided
35 includes, but is not limited to, cloud service broker resources,
36 cloud center of excellence, cloud management tools, a network
37 assessment, cybersecurity governance, and a cloud security roadmap.
38     (16) $3,498,000 of the Washington technology solutions revolving
39 account—state appropriation is provided solely for the implementation
  p. 105  ESSB 5167.SL
1 of the recommendations of the cloud transition task force report to
2 include:
3     (a) A cloud readiness program to help agencies plan and prepare
4 for transitioning to cloud computing;
5     (b) A cloud retraining program to provide a coordinated approach
6 to skills development and retraining; and
7     (c) Staffing to define career pathways and core competencies for
8 the state's information technology workforce.
9     (17) Washington technology solutions must collaborate with the
10 office of the secretary of state in the evaluation of the office of
11 the secretary of state's information technology infrastructure and
12 applications in determining the appropriate candidates for the
13 location of data and the systems that could be exempt from Washington
14 technology solutions oversight.
15     (18)(a)   Washington  technology   solutions   must   include  the
16 enterprise statewide electronic health records program on the
17 statewide information technology program dashboard for those agencies
18 appropriated funding for the statewide electronic health records
19 solution. The program dashboard must ensure the program detail will
20 roll up the below required subprojects:
21     (i) Enterprise foundational statewide electronic health records
22 system, appropriated to the health care authority;
23     (ii) Department of corrections statewide electronic health
24 records, appropriated to the department of corrections;
25     (iii) Department of social and health services statewide
26 electronic health records, appropriated to the department of social
27 and health services; and
28     (iv) Health care authority statewide electronic health records,
29 appropriated to the health care authority.
30     (b) The Washington technology solutions must report to the
31 technology services board by December 31, 2025, on the status of the
32 following statewide electronic health records solution go-live dates:
33     (i) August 15, 2027, for the department of corrections;
34     (ii) August 15, 2027, for the department of social and health
35 services; and
36     (iii) August 15, 2027, for the health care authority;
37     The update must include any changes to the scheduled go-live
38 dates by agency, reporting on all risks to the schedule for the above
39 milestone go-live dates by agency, include detail on why the schedule
40 will be missed by agency, how the project mitigated additional
  p. 106  ESSB 5167.SL
1 delays, and what the additional time in the schedule is anticipated
2 to cost by fiscal year by fund source by agency, and in total.
3     (c) Washington technology solutions must:
4     (i) Require that vendors for the statewide electronic health
5 records solution must use an agile development model holding live
6 demonstrations    of  functioning   software,   be   developed   using
7 incremental user research, and held at the end of two-week sprints;
8     (ii) Require the solutions be capable of being continually
9 updated, as necessary; and
10     (iii) Ensure development of the statewide electronic health
11 records    solution   shall   include   consideration    of   national
12 interoperability standards, such as United States core data for
13 interoperability or the trusted exchange framework and common
14 agreement.
15     (19) In collaboration with the department of health and the
16 health care authority:
17     (a) Washington technology solutions must actively consult and
18 provide oversight over:
19     (i) The department of health 988 technology platform that must
20 provide interoperability capabilities between the 988-related system
21 and the health care authority's 988-related system;
22     (ii) The health care authority 988 technology platform that must
23 provide interoperability capabilities between the 988-related system
24 and the department of health's 988 call center platform;
25     (iii) How the platforms in (a)(i) and (ii) of this subsection
26 will meet the statutory requirements for technology platform
27 functionality and implementation dates as established in chapter 364,
28 Laws of 2024, and must report on the progress of both platforms'
29 budget,   scope,  schedule,   and  milestone   accomplishments  at  a
30 technology services board meeting by October 31, 2025. The update
31 must include any changes to the scheduled October 1, 2025, request
32 for proposal issuance and the January 1, 2028, go-live date by
33 agency, reporting on all risks to the schedule for the milestone
34 dates by agency, include detail on why the schedule will be missed by
35 agency, how the project mitigated additional delays, and what the
36 additional time in the schedule is anticipated to cost by fiscal year
37 by fund source by agency, and in total; and
38     (b) Washington technology solutions must:
39     (i) Require that vendors for the 988 technology platforms must
40 use an agile development model holding live demonstrations of
  p. 107  ESSB 5167.SL
1 functioning software, be developed using incremental user research,
2 and held at the end of two-week sprints; and
3     (ii) Require the solutions be capable of being continually
4 updated, as necessary.
5     NEW SECTION.    Sec. 157.     FOR THE   BOARD   OF   REGISTRATION   OF
6 PROFESSIONAL ENGINEERS AND LAND SURVEYORS
7 Professional Engineers' Account—State Appropriation. . . . $5,018,000
8TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $5,018,000
9     NEW SECTION.   Sec. 158.    FOR THE WASHINGTON STATE LEADERSHIP
10 BOARD
11 Washington State Leadership Board Account—State
12     Appropriation. . . . . . . . . . . . . . . . . . . . .    $1,696,000
13TOTAL APPROPRIATION. . . . . . . . . . . . . . . .     $1,696,000
14     The appropriation in this section is subject to the following
15 conditions and limitations:
16     (1) $374,000 of the Washington state leadership board account—
17 state appropriation is provided solely for implementation of chapter
18 96, Laws of 2022 (WA state leadership board).
19     (2) $1,200,000 of the Washington state leadership board account—
20 state appropriation is provided solely for implementing programming
21 in RCW 43.388.010, and specifically the Washington world fellows
22 program, sports mentoring program/boundless Washington, compassion
23 scholars, and the Washington state leadership awards.
  (End of part)
  p. 108  ESSB 5167.SL
1PART II
2HUMAN SERVICES
3     NEW SECTION. Sec. 201. FOR THE DEPARTMENT OF SOCIAL AND HEALTH
4 SERVICES
5     (1) The appropriations to the department of social and health
6 services in this act shall be expended for the programs and in the
7 amounts specified in this act. Appropriations made in this act to the
8 department of social and health services shall initially be allotted
9 as required by this act. Subsequent allotment modifications shall not
10 include transfers of moneys between sections of this act except as
11 expressly provided in this act, nor shall allotment modifications
12 permit moneys that are provided solely for a specified purpose to be
13 used for other than that purpose.
14     (2) The department of social and health services shall not
15 initiate any services that require expenditure of state general fund
16 moneys unless expressly authorized in this act or other law. The
17 department may seek, receive, and spend, under RCW 43.79.260 through
18 43.79.282, federal moneys not anticipated in this act as long as the
19 federal funding does not require expenditure of state moneys for the
20 program in excess of amounts anticipated in this act. If the
21 department receives unanticipated unrestricted federal moneys, those
22 moneys shall be spent for services authorized in this act or in any
23 other legislation providing appropriation authority, and an equal
24 amount of appropriated state general fund moneys shall lapse. Upon
25 the lapsing of any moneys under this subsection, the office of
26 financial management shall notify the legislative fiscal committees.
27 As used in this subsection, "unrestricted federal moneys" includes
28 block grants and other funds that federal law does not require to be
29 spent on specifically defined projects or matched on a formula basis
30 by state funds.
31     (3) The legislature finds that medicaid payment rates, as
32 calculated by the department pursuant to the appropriations in this
33 act, bear a reasonable relationship to the costs incurred by
34 efficiently and economically operated facilities for providing
35 quality services and will be sufficient to enlist enough providers so
36 that care and services are available to the extent that such care and
37 services are available to the general population in the geographic
38 area. The legislature finds that cost reports, payment data from the
39 federal government, historical utilization, economic data, and
  p. 109  ESSB 5167.SL
1 clinical input constitute reliable data upon which to determine the
2 payment rates.
3     (4) The department shall to the maximum extent practicable use
4 the same system for delivery of spoken-language interpreter services
5 for social services appointments as the one established for medical
6 appointments in the health care authority. When contracting directly
7 with an individual to deliver spoken language interpreter services,
8 the department shall only contract with language access providers who
9 are working at a location in the state and who are state-certified or
10 state-authorized, except that when such a provider is not available,
11 the department may use a language access provider who meets other
12 certifications or standards deemed to meet state standards, including
13 interpreters in other states.
14     (5) Information technology projects or investments and proposed
15 projects or investments impacting time capture, payroll and payment
16 processes   and    systems,   eligibility,   case   management,   and
17 authorization systems within the department of social and health
18 services are subject to technical oversight by Washington technology
19 solutions.
20     (6)(a) The department shall facilitate enrollment under the
21 medicaid expansion for clients applying for or receiving state funded
22 services from the department and its contractors. Prior to open
23 enrollment, the department shall coordinate with the health care
24 authority to provide referrals to the Washington health benefit
25 exchange for clients that will be ineligible for medicaid.
26     (b) To facilitate a single point of entry across public and
27 medical assistance programs, and to maximize the use of federal
28 funding, the health care authority, the department of social and
29 health services, and the health benefit exchange will coordinate
30 efforts to expand HealthPlanfinder access to public assistance and
31 medical eligibility staff. The department shall complete medicaid
32 applications in the HealthPlanfinder for households receiving or
33 applying for public assistance benefits.
34     (7) The health care authority, the health benefit exchange, the
35 department of social and health services, the department of health,
36 the department of corrections, and the department of children, youth,
37 and families shall work together within existing resources to
38 establish the health and human services enterprise coalition (the
39 coalition). The coalition, led by the health care authority, must be
40 a multi-organization collaborative that provides strategic direction
  p. 110  ESSB 5167.SL
1 and federal funding guidance for projects that have cross-
2 organizational or enterprise impact, including information technology
3 projects that affect organizations within the coalition. Washington
4 technology solutions shall maintain a statewide perspective when
5 collaborating with the coalition to ensure that projects are planned
6 for in a manner that ensures the efficient use of state resources,
7 support the adoption of a cohesive technology and data architecture,
8 and maximize federal financial participation. The work of the
9 coalition is subject to the conditions, limitations, and review
10 provided in section 701 of this act.
11     (8) The department must report to and coordinate with the
12 department of ecology to track expenditures from climate commitment
13 act accounts, as defined and described in RCW 70A.65.300 and chapter
14 173-446B WAC.
15     (9) The department shall promptly notify the office of the
16 attorney general upon the receipt of a request from or on behalf of a
17 federal agency or a federal, state, or local law enforcement
18 authority for health care information, as defined in RCW 70.02.010,
19 program eligibility information for individuals, information that may
20 identify a health care provider's or facility's delivery of health
21 care services to noncitizens, or the delivery of protected health
22 care services as defined in RCW 7.115.010 where the request may
23 impact expenditures for such services. The department shall require
24 contracted entities to notify the department promptly upon receipt of
25 a request from a federal agency or law enforcement authority as
26 described in this subsection.
27     NEW SECTION.   Sec. 202.   FOR THE DEPARTMENT OF SOCIAL AND HEALTH
28 SERVICES—MENTAL HEALTH PROGRAM
29 General Fund—State Appropriation (FY 2026). . . . . . .   $703,408,000
30 General Fund—State Appropriation (FY 2027). . . . . . .   $729,030,000
31 General Fund—Federal Appropriation. . . . . . . . . . .   $204,706,000
32 General Fund—Private/Local Appropriation. . . . . . . . . $15,151,000
33 Coronavirus State Fiscal Recovery Fund—Federal
34     Appropriation. . . . . . . . . . . . . . . . . . . . .   $7,575,000
35 Model Toxics Control Operating Account—State
36     Appropriation. . . . . . . . . . . . . . . . . . . . . . $680,000
37TOTAL APPROPRIATION. . . . . . . . . . . . . . $1,660,550,000
  p. 111  ESSB 5167.SL
1     The appropriations in this section are subject to the following
2 conditions and limitations:
3     (1) The state psychiatric hospitals and residential treatment
4 facilities may use funds appropriated in this subsection to purchase
5 goods, services, and supplies through hospital group purchasing
6 organizations when it is cost-effective to do so.
7    (2) $320,000 of the general fund—state appropriation for fiscal
8 year 2026 and $320,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for a community partnership
10 between western state hospital and the city of Lakewood to support
11 community policing efforts in the Lakewood community surrounding
12 western state hospital. The amounts provided in this subsection are
13 for the salaries, benefits, supplies, and equipment for the city of
14 Lakewood to produce incident and police response reports, investigate
15 potential criminal conduct, assist with charging consultations,
16 liaison between staff and prosecutors, provide staff training on
17 criminal justice procedures, assist with parking enforcement, and
18 attend meetings with hospital staff.
19    (3) $45,000 of the general fund—state appropriation for fiscal
20 year 2026 and $45,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for payment to the city of
22 Lakewood for police services provided by the city at western state
23 hospital and adjacent areas.
24    (4) $320,000 of the general fund—state appropriation for fiscal
25 year 2026 and $320,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for the salaries, benefits,
27 supplies, and equipment for one full-time investigator, one full-time
28 police officer, and one full-time community services officer for
29 policing efforts at eastern state hospital. The department must
30 collect data from the city of Medical Lake on the use of the funds
31 and the number of calls responded to by the community policing
32 program and submit a report with this information to the office of
33 financial management and the appropriate fiscal committees of the
34 legislature each December of the fiscal biennium.
35    (5) $25,000 of the general fund—state appropriation for fiscal
36 year 2026 and $25,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for payment to the city of
38 Medical Lake for police services provided by the city at eastern
39 state hospital and adjacent areas.
  p. 112  ESSB 5167.SL
1    (6) $250,000 of the general fund—state appropriation for fiscal
2  year 2026 and $250,000 of the general fund—state appropriation for
3  fiscal year 2027 are provided solely for the department, in
4  collaboration with the health care authority, to develop and
5  implement a predictive modeling tool which identifies clients who are
6  at high risk of future involvement with the criminal justice system
7 and for developing a model to estimate demand for civil and forensic
8 state hospital bed needs pursuant to the following requirements.
9     (a) By the first day of each December during the fiscal biennium,
10 the department, in coordination with the health care authority, must
11 submit a report to the office of financial management and the
12 appropriate committees of the legislature that summarizes how the
13 predictive modeling tool has been implemented and includes the
14 following: (i) The number of individuals identified by the tool as
15 having a high risk of future criminal justice involvement; (ii) the
16 method and frequency for which the department is providing lists of
17 high-risk clients to contracted managed care organizations and
18 behavioral health administrative services organizations; (iii) a
19 summary of how the managed care organizations and behavioral health
20 administrative services organizations are utilizing the data to
21 improve the coordination of care for the identified individuals; and
22 (iv) a summary of the administrative data to identify whether
23 implementation of the tool is resulting in increased access and
24 service levels and lower recidivism rates for high-risk clients at
25 the state and regional level.
26     (b) The department must provide staff support for the forensic
27 and long-term civil commitment bed forecast which must be conducted
28 under the direction of the office of financial management. The
29 forecast methodology, updates, and methodology changes must be
30 conducted in coordination with staff from the department, the health
31 care authority, the office of financial management, and the
32 appropriate fiscal committees of the state legislature. The model
33 shall incorporate factors for capacity in state hospitals as well as
34 contracted facilities, which provide similar levels of care, referral
35 patterns, wait lists, lengths of stay, and other factors identified
36 as appropriate for estimating the number of beds needed to meet the
37 demand for civil and forensic state hospital services. Factors should
38 include identification of need for the services and analysis of the
39 effect of community investments in behavioral health services and
40 other types of beds that may reduce the need for long-term civil
  p. 113  ESSB 5167.SL
1  commitment needs. The forecast must be updated each February, June,
2  and November during the fiscal biennium and the department must
3  submit a report to the legislature and the appropriate committees of
4  the legislature summarizing the updated forecast based on the
5  caseload   forecast  council's  schedule  for   entitlement  program
6  forecasts.
7    (7) $9,119,000 of the general fund—state appropriation for fiscal
8 year 2026 and $9,145,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for the settlement agreement
10 under Trueblood, et al. v. Department of Social and Health Services,
11 et al., United States District Court for the Western District of
12 Washington,   Cause   No.   14-cv-01178-MJP.   The   department,   in
13 collaboration with the health care authority and the criminal justice
14 training commission, must implement the provisions of the settlement
15 agreement pursuant to the timeline and implementation plan provided
16 for under the settlement agreement. This includes implementing
17 provisions related to competency evaluations, competency restoration,
18 forensic navigators, crisis diversion and supports, education and
19 training, and workforce development.
20     (8) $7,147,000 of the general fund—state appropriation for fiscal
21 year 2026 and $7,147,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely to maintain implementation of
23 efforts to improve the timeliness of competency evaluation services
24 for individuals who are in local jails pursuant to chapter 5, Laws of
25 2015 (timeliness of competency treatment and evaluation services).
26 This funding must be used solely to maintain increases in the number
27 of competency evaluators that began in fiscal year 2016 pursuant to
28 the settlement agreement under Trueblood, et al. v. Department of
29 Social and Health Services, et al., United States District Court for
30 the Western District of Washington, Cause No. 14-cv-01178-MJP.
31    (9)   $71,690,000   of    the   general   fund—state   appropriation   for
32 fiscal   year   2026   and   $77,825,000     of   the   general    fund—state
33 appropriation for fiscal year 2027 are provided solely for
34 implementation of efforts to improve the timeliness of competency
35 restoration services pursuant to chapter 5, Laws of 2015 (timeliness
36 of competency treatment and evaluation services) and the settlement
37 agreement under Trueblood, et al. v. Department of Social and Health
38 Services, et al., United States District Court for the Western
39 District of Washington, Cause No. 14-cv-01178-MJP. These amounts must
  p. 114  ESSB 5167.SL
1  be used to maintain increases that were implemented between fiscal
2  year 2016 and fiscal year 2025. Pursuant to chapter 7, Laws of 2015
3  1st sp. sess. (timeliness of competency treatment and evaluation
4  services), the department may contract some of these amounts for
5  services at alternative locations if the secretary determines that
6  there is a need.
7(10)   $84,565,000   of    the   general    fund—state    appropriation   for
8  fiscal year 2026, $77,343,000 of the general fund—state appropriation
9 for   fiscal   year   2027,     and    $960,000   of   the   general   fund—federal
10 appropriation are provided solely for the department to continue to
11 implement an acuity based staffing tool at western state hospital and
12 eastern state hospital in collaboration with the hospital staffing
13 committees. The staffing tool must be used to identify, on a daily
14 basis, the clinical acuity on each patient ward and determine the
15 minimum level of direct care staff by profession to be deployed to
16 meet the needs of the patients on each ward. The department must
17 evaluate interrater reliability of the tool within each hospital and
18 between the two hospitals. The department must also continue to
19 update, in collaboration with the office of financial management's
20 labor relations office, the staffing committees, and state labor
21 unions, an overall state hospital staffing plan that looks at all
22 positions and functions of the facilities.
23     (a) Within the amounts provided in this section, the department
24 must establish, monitor, track, and report monthly staffing and
25 expenditures at the state hospitals, including overtime and use of
26 locums, to the functional categories identified in the recommended
27 staffing plan. The allotments and tracking of staffing and
28 expenditures must include all areas of the state hospitals, must be
29 done at the ward level, and must include contracted facilities
30 providing forensic restoration services as well as the office of
31 forensic mental health services.
32     (b) By December 1st of each fiscal year of the biennium, the
33 department must submit reports to the office of financial management
34 and the appropriate committees of the legislature that provide a
35 comparison of monthly spending, staffing levels, overtime, and use of
36 locums for the prior year compared to allotments and to the
37 recommended state hospital staffing model. The format for these
38 reports must be developed in consultation with staff from the office
39 of financial management and the appropriate committees of the
  p. 115  ESSB 5167.SL
1 legislature. The reports must include a summary of the results of the
2 evaluation of the interrater reliability in use of the staffing
3 acuity tool and an update from the hospital staffing committees.
4     (c) Monthly staffing levels and related expenditures at the state
5 hospitals must not exceed official allotments without prior written
6 approval from the director of the office of financial management. In
7 the event the director of the office of financial management approves
8 an increase in monthly staffing levels and expenditures beyond what
9 is budgeted, notice must be provided to the appropriate committees of
10 the legislature within 30 days of such approval. The notice must
11 identify the reason for the authorization to exceed budgeted staffing
12 levels and the time frame for the authorization. Extensions of
13 authorizations under this subsection must also be submitted to the
14 director of the office of financial management for written approval
15 in advance of the expiration of an authorization. The office of
16 financial management must notify the appropriate committees of the
17 legislature of any extensions of authorizations granted under this
18 subsection within 30 days of granting such authorizations and
19 identify the reason and time frame for the extension.
20    (11)   $8,611,000   of   the   general   fund—state   appropriation   for
21 fiscal year 2026, $8,611,000 of the general fund—state appropriation
22 for fiscal year 2027, and $924,000 of the general fund—federal
23 appropriation are provided solely for a violence reduction team at
24 western state hospital to improve patient and staff safety at eastern
25 and western state hospitals. A report must be submitted by December
26 1st of each fiscal year of the biennium, which includes a description
27 of the violence reduction or safety strategy, a profile of the types
28 of patients being served, the staffing model being used, and outcomes
29 associated with each strategy. The outcomes section should include
30 tracking data on facility-wide metrics related to patient and staff
31 safety as well as individual outcomes related to the patients served.
32    (12)   $2,593,000   of   the   general   fund—state   appropriation   for
33 fiscal   year  2026   and  $2,593,000  of  the  general   fund—state
34 appropriation for fiscal year 2027 are provided solely for services
35 to patients found not guilty by reason of insanity under the Ross v.
36 Lashway settlement agreement.
37     (13) Within the amounts provided in this subsection, the
38 department must develop and submit an annual state hospital
39 performance report for eastern and western state hospitals. Each
  p. 116  ESSB 5167.SL
1 measure included in the performance report must include baseline
2 performance data, agency performance targets, and performance for the
3 most recent fiscal year. The performance report must include a one
4 page dashboard as well as charts for each fiscal year and quality of
5 care measure broken out by hospital and including but not limited to:
6 (a) Monthly FTE expenditures compared to allotments; (b) monthly
7 dollar   expenditures  compared  to   allotments;  (c)   monthly  FTE
8 expenditures per thousand patient bed days; (d) monthly dollar
9 expenditures per thousand patient bed days; (e) percentage of FTE
10 expenditures for overtime; (f) average length of stay by category of
11 patient; (g) average monthly civil wait list; (h) average monthly
12 forensic wait list; (i) rate of staff assaults per thousand patient
13 bed days; (j) rate of patient assaults per thousand patient bed days;
14 (k) average number of days to release after a patient has been
15 determined to be clinically ready for discharge; and (l) average
16 monthly vacancy rates for key clinical positions. The department must
17 submit the state hospital performance report to the office of
18 financial   management  and   the   appropriate  committees    of the
19 legislature by the first day of each December of the biennium.
20    (14) $135,000 of the general fund—state appropriation for fiscal
21 year 2026 and $135,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for the department to maintain
23 an on-site safety compliance officer, stationed at western state
24 hospital, to provide oversight and accountability of the hospital's
25 response   to  safety  concerns   regarding  the   hospital's  work
26 environment.
27    (15) $100,000 of the general fund—state appropriation for fiscal
28 year 2026 and $100,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely for the department to track
30 compliance with the requirements of RCW 71.05.365 for transition of
31 state hospital patients into community settings within 14 days of the
32 determination that they no longer require active psychiatric
33 treatment at an inpatient level of care. The department must use
34 these amounts to track the following elements related to this
35 requirement: (a) The date on which an individual is determined to no
36 longer require active psychiatric treatment at an inpatient level of
37 care; (b) the date on which the behavioral health entities and other
38 organizations responsible for resource management services for the
39 person is notified of this determination; and (c) the date on which
  p. 117  ESSB 5167.SL
1  either the individual is transitioned to the community or has been
2  reevaluated and determined to again require active psychiatric
3  treatment at an inpatient level of care. The department must provide
4  this information in regular intervals to behavioral health entities
5  and other organizations responsible for resource management services.
6  The department must summarize the information and provide a report to
7  the office of financial management and the appropriate committees of
8  the legislature on progress toward meeting the 14 day standard by
9  December 1st of each year of the biennium.
10    (16) $298,000 of the general fund—state appropriation for fiscal
11 year 2026 and $297,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for maintenance of the facility,
13 property, and assets at the Brockmann campus located in Clark county.
14    (17)   $77,102,000   of   the   general   fund—state   appropriation   for
15 fiscal year 2026 and $81,301,000 of the general fund—state
16 appropriation for fiscal year 2027 are provided solely for the
17 department to operate the maple lane campus as described in (a) and
18 (b) of this subsection.
19     (a) The department shall operate the Oak, Columbia, and Cascade
20 cottages to provide:
21     (i) Treatment services to individuals committed to a state
22 hospital under chapter 71.05 RCW pursuant to the dismissal of
23 criminal charges and a civil evaluation ordered under RCW 10.77.086
24 or 10.77.088; and
25     (ii) Treatment services to individuals acquitted of a crime by
26 reason of insanity and subsequently ordered to receive treatment
27 services under RCW 10.77.120.
28     (b) The department shall open and operate the Baker and Chelan
29 cottages to provide treatment services to individuals committed to a
30 state hospital under chapter 71.05 RCW pursuant to the dismissal of
31 criminal charges and a civil evaluation ordered under RCW 10.77.086
32 or 10.77.088.
33     (c) In considering placements at the maple lane campus, the
34 department must maximize forensic bed capacity at the state hospitals
35 for individuals in jails awaiting admission that are class members of
36 Trueblood, et al. v. Department of Social and Health Services, et
37 al., United States district court for the western district of
38 Washington, cause no. 14-cv-01178-MJP.
  p. 118  ESSB 5167.SL
1     (18)    $1,412,000   of    the   general   fund—state   appropriation   for
2 fiscal   year  2026   and  $1,412,000   of  the  general fund—state
3 appropriation for fiscal year 2027 are provided solely for
4 relocation, storage, and other costs associated with building
5 demolition on the western state hospital campus.
6     (19) Within the amounts provided in this section, the department
7 is provided funding to operate civil long-term inpatient beds at the
8 state hospitals as follows:
9     (a) Funding is sufficient for the department to operate 162 civil
10 beds at eastern state hospital in both fiscal year 2026 and fiscal
11 year 2027.
12     (b) Funding is sufficient for the department to operate 287 civil
13 beds at western state hospital in both fiscal year 2026 and fiscal
14 year 2027.
15     (c) The department shall fully operate funded civil capacity at
16 eastern state hospital, including reopening and operating civil beds
17 that are not needed for eastern Washington residents to provide
18 services for western Washington residents.
19     (d) The department shall coordinate with the health care
20 authority   toward  increasing   community   capacity  for   long-term
21 inpatient services required under section 214(30) of this act.
22     (20)(a) $59,650,000 of the general fund—state appropriation for
23 fiscal     year   2026   and   $59,650,000     of   the   general    fund—state
24 appropriation for fiscal year 2027 are provided solely for the
25 department to operate 74 beds in three wards in the Olympic heritage
26 behavioral health facility.
27     (b) The department may not use the remaining 38 beds at the
28 facility for any purpose and must permit the contractor selected by
29 the health care authority to utilize the beds pursuant to and upon
30 completion of the contracted process outlined in section 214 of this
31 act.
32     (21) $61,000 of the general fund—state appropriation for fiscal
33 year 2026 and $29,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely for implementation of Second
35 Substitute House Bill No. 1359 (criminal insanity). If the bill is
36 not enacted by June 30, 2025, the amounts provided in this subsection
37 shall lapse.
38     (22) $175,000 of the general fund—state appropriation for fiscal
39 year 2026 and $175,000 of the general fund—state appropriation for
  p. 119  ESSB 5167.SL
1  fiscal year 2027 are provided solely for implementation of Second
2  Substitute House Bill No. 1162 (health care work violence). If the
3  bill is not enacted by June 30, 2025, the amounts provided in this
4  subsection shall lapse.
5(23)    $3,278,000       of    the   general    fund—state    appropriation    for
6 fiscal       year     2026     and    $4,345,000      of   the    general     fund—state
7 appropriation for fiscal year 2027 are provided solely for
8 implementation of chapter 453, Laws of 2023 (competency evaluations).
9(24)    $4,118,000       of    the   general    fund—state    appropriation    for
10 fiscal year 2026, $4,118,000 of the general fund—state appropriation
11 for   fiscal        year   2027,     and   $396,000   of   the   general    fund—federal
12 appropriation are provided solely for the department to address
13 delays in patient discharge as provided in this subsection.
14     (a) The department shall hire staff dedicated to discharge
15 reviews, including psychologists to complete reviews and staff for
16 additional discharge review work, including, but not limited to,
17 scheduling, planning, and providing transportation; and establish and
18 implement a sex offense and problematic behavior program as part of
19 the sex offense review and referral team program.
20     (b) Of the amounts provided in this subsection, $504,000 per year
21 shall be used for bed fees for patients who are not guilty by reason
22 of insanity.
23     (c) The department shall track data as it relates to this
24 subsection and, where available, compare it to historical data.
25*NEW SECTION.  Sec. 203.     FOR THE DEPARTMENT OF SOCIAL AND HEALTH
26 SERVICES—DEVELOPMENTAL DISABILITIES PROGRAM
27     (1) COMMUNITY SERVICES
28 General Fund—State Appropriation (FY 2026). . . . . .  $1,328,114,000
29 General Fund—State Appropriation (FY 2027). . . . . .  $1,390,855,000
30 General Fund—Federal Appropriation. . . . . . . . . .  $2,781,638,000
31 General Fund—Private/Local Appropriation. . . . . . . . .  $4,486,000
32 Developmental Disabilities Community Services
33Account—State Appropriation. . . . . . . . . . . . . . $2,020,000
34TOTAL APPROPRIATION. . . . . . . . . . . . . . $5,507,113,000
35     The appropriations in this subsection are subject to the
36 following conditions and limitations:
37     (a) Individuals who receive supplemental security income (SSI)
38 state supplemental payments shall not become eligible for medical
  p. 120  ESSB 5167.SL
1 assistance under RCW 74.09.510 solely on the basis of receiving those
2 payments.
3     (b) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and
4 43.135.055, the department is authorized to increase nursing
5 facility, assisted living facility, and adult family home fees as
6 necessary to fully support the actual costs of conducting the
7 licensure, inspection, and regulatory programs. The license fees may
8 not exceed the department's annual licensing and oversight activity
9 costs and shall include the department's cost of paying providers for
10 the amount of the license fee attributed to medicaid clients.
11     (i) The current annual license renewal fee for adult family homes
12 is $450 per bed. A nonrefundable processing fee of $2,750 shall be
13 charged for the initial licensing of each adult family home. In
14 addition, a processing fee of $700 shall be imposed on providers
15 submitting an application for a change of ownership.
16     (ii) The current annual license renewal fee for assisted living
17 facilities is $383 per bed in fiscal year 2026 and $381 in fiscal
18 year 2027.
19     (iii) The current annual license renewal fee for nursing
20 facilities is $814 per bed in fiscal year 2026 and $834 per bed in
21 fiscal year 2027.
22     (c)   $14,742,000    of    the   general   fund—state    appropriation   for
23 fiscal year 2026, $35,028,000 of the general fund—state appropriation
24 for fiscal year 2027, and $62,704,000 of the general fund—federal
25 appropriation are provided solely for the rate increase for the new
26 consumer-directed employer contracted individual providers as set by
27 the consumer-directed employer rate setting board in accordance with
28 RCW 74.39A.530.
29    (d) $1,146,000 of the general fund—state appropriation for fiscal
30 year 2026, $2,755,000 of the general fund—state appropriation for
31 fiscal    year   2027,   and   $4,914,000      of   the   general   fund—federal
32 appropriation are provided solely for the homecare agency parity
33 consistent with the rate set by the consumer-directed employer rate
34 setting board in accordance with RCW 74.39A.530.
35    (e) $1,027,000 of the general fund—state appropriation for fiscal
36 year 2026, $1,862,000 of the general fund—state appropriation for
37 fiscal    year   2027,   and   $3,639,000      of   the   general   fund—federal
38 appropriation are provided solely for administrative costs of the
  p. 121  ESSB 5167.SL
1 consumer-directed employer as set by the consumer-directed employer
2 rate setting board in accordance with RCW 74.39A.530.
3(f) $228,000 of the general fund—state appropriation for fiscal
4 year    2026,   $420,000   of   the   general   fund—state   appropriation   for
5 fiscal year 2027, and $817,000 of the general fund—federal
6 appropriation are provided solely to increase the administrative rate
7 for home care agencies by 30 cents per hour effective July 1, 2025,
8 and an additional 23 cents per hour effective July 1, 2026.
9    (g) $6,953,000 of the general fund—state appropriation for fiscal
10 year 2026, $7,815,000 of the general fund—state appropriation for
11 fiscal year 2027, and $18,212,000 of the general fund—federal
12 appropriation are provided solely for the implementation of an
13 agreement reached between the governor and the adult family home
14 council under the provisions of chapter 41.56 RCW for the 2025-2027
15 fiscal biennium, as provided in section 907 of this act.
16     (h) The department may authorize a one-time waiver of all or any
17 portion of the licensing and processing fees required under RCW
18 70.128.060 in any case in which the department determines that an
19 adult family home is being relicensed because of exceptional
20 circumstances, such as death or incapacity of a provider, and that to
21 require the full payment of the licensing and processing fees would
22 present a hardship to the applicant. In these situations the
23 department is also granted the authority to waive the required
24 residential administrator training for a period of 120 days if
25 necessary to ensure continuity of care during the relicensing
26 process.
27(i)(i) $10,722,000 of the general fund—state appropriation for
28 fiscal year 2026, $10,722,000 of the general fund—state appropriation
29 for fiscal year 2027, and $21,190,000 of the general fund—federal
30 appropriation are provided solely to increase rates by two percent,
31 effective July 1, 2025, for community residential service providers.
32 This includes supported living, group home, group training home,
33 licensed staff residential services, community protection, and
34 children's out-of-home services to individuals with developmental
35 disabilities. The full amount must be used for compensation increases
36 for direct support professionals and other direct care workers in
37 these settings.
38     (ii)   Contracted   agency   providers  must   include   staffing
39 information in their community residential cost reports. This
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1 includes wages, health insurance, number of positions, and turnover.
2 The data must be broken out specifically for direct support
3 professionals and published on the department's residential programs
4 reimbursement website.
5     (j) Community residential cost reports that are submitted by or
6 on behalf of contracted agency providers are required to include
7 information about agency staffing including health insurance, wages,
8 number of positions, and turnover.
9     (k) Sufficient appropriations are provided to continue community
10 alternative placement beds that prioritize the transition of clients
11 who are ready for discharge from the state psychiatric hospitals, but
12 who have additional long-term care or developmental disability needs.
13     (i) Community alternative placement beds include enhanced service
14 facility beds, adult family home beds, skilled nursing facility beds,
15 shared supportive housing beds, state operated living alternative
16 beds, and assisted living facility beds.
17     (ii) Each client must receive an individualized assessment prior
18 to leaving one of the state psychiatric hospitals. The individualized
19 assessment must identify and authorize personal care, nursing care,
20 behavioral health stabilization, physical therapy, or other necessary
21 services to meet the unique needs of each client. It is the
22 expectation that, in most cases, staffing ratios in all community
23 alternative placement options described in (i)(i) of this subsection
24 will need to increase to meet the needs of clients leaving the state
25 psychiatric hospitals. If specialized training is necessary to meet
26 the needs of a client before he or she enters a community placement,
27 then the person centered service plan must also identify and
28 authorize this training.
29     (iii) When reviewing placement options, the department must
30 consider the safety of other residents, as well as the safety of
31 staff, in a facility. An initial evaluation of each placement,
32 including any documented safety concerns, must occur within thirty
33 days of a client leaving one of the state psychiatric hospitals and
34 entering one of the community placement options described in (i)(i)
35 of this subsection. At a minimum, the department must perform two
36 additional evaluations of each placement during the first year that a
37 client has lived in the facility.
38     (iv) In developing bed capacity, the department shall consider
39 the complex needs of individuals waiting for discharge from the state
40 psychiatric hospitals.
  p. 123  ESSB 5167.SL
1     (l) Sufficient appropriations are provided for discharge case
2 managers stationed at the state psychiatric hospitals. Discharge case
3 managers will transition clients ready for hospital discharge into
4 less restrictive alternative community placements. The transition of
5 clients ready for discharge will free up bed capacity at the state
6 psychiatric hospitals.
7     (m)   The  annual   certification  renewal   fee  for   community
8 residential service businesses is $859 per client in fiscal year 2026
9 and $859 per client in fiscal year 2027. The annual certification
10 renewal fee may not exceed the department's annual licensing and
11 oversight activity costs.
12     (n) $3,042,000 of the general fund—state appropriation for fiscal
13 year 2026, $3,115,000 of the general fund—state appropriation for
14 fiscal   year    2027,     and   $2,695,000      of   the   general   fund—federal
15 appropriation are provided for enhanced respite beds across the state
16 for children. These services are intended to provide families and
17 caregivers with a break in caregiving, the opportunity for behavioral
18 stabilization of the child, and the ability to partner with the state
19 in the development of an individualized service plan that allows the
20 child to remain in his or her home. The department must provide the
21 legislature with a respite utilization report in January of each year
22 that provides information about the number of children who have used
23 enhanced respite in the preceding year, as well as the location and
24 number of days per month that each respite bed was occupied.
25     (o) $2,553,000 of the general fund—state appropriation for fiscal
26 year 2026 and $2,621,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided for 13 community respite beds across
28 the state for adults. These services are intended to provide families
29 and caregivers with a break in caregiving and the opportunity for
30 stabilization of the individual in a community-based setting as an
31 alternative to using a residential habilitation center to provide
32 planned or emergent respite. The department must provide the
33 legislature with a respite utilization report by January of each year
34 that provides information about the number of individuals who have
35 used community respite in the preceding year, as well as the location
36 and number of days per month that each respite bed was occupied.
37     (p) $204,000 of the general fund—state appropriation for fiscal
38 year   2026,    $204,000   of    the   general    fund—state    appropriation   for
39 fiscal   year     2027,    and    $512,000       of   the   general   fund—federal
  p. 124  ESSB 5167.SL
1 appropriation are provided solely for a one-time bridge rate for
2 assisted living facilities, enhanced adult residential centers, and
3 adult residential centers, with high medicaid occupancy. The bridge
4 rate does not replace or substitute the capital add-on rate found in
5 RCW 74.39A.320 and the same methodology from RCW 74.39A.320 shall be
6 used to determine each facility's medicaid occupancy percentage for
7 the purposes of this one-time bridge rate add-on. Facilities with a
8 medicaid occupancy level 75 percent or more shall receive a $20.99
9 add-on per resident day effective July 1, 2025.
10     (q) A nonrefundable fee of $485 shall be charged for each
11 application to increase bed capacity at an adult family home to seven
12 or eight beds.
13     (r) The appropriations in this section include sufficient funding
14 to provide access to the individual and family services waiver and
15 the basic plus waiver to those individuals on the service request
16 list as forecasted by the caseload forecast council. For subsequent
17 policy level budgets, the department shall submit a request for
18 funding associated with individuals requesting to receive the
19 individual and family services waiver and the basic plus waiver in
20 accordance with the courtesy forecasts provided by the caseload
21 forecast council.
22    (s) $332,000 of the general fund—state appropriation for fiscal
23 year   2026,   $740,000   of   the   general   fund—state   appropriation   for
24 fiscal year 2027, and $1,074,000 of the general fund—federal
25 appropriation are provided solely for supported employment and
26 community inclusion services for those individuals with intellectual
27 or developmental disabilities who are transitioning from high school
28 in the 2025-2027 fiscal biennium and are anticipated to utilize these
29 services. Within amounts appropriated in this section, the department
30 shall, no later than September 1, 2025, and September 1, 2026, submit
31 to the governor and the appropriate committees of the legislature a
32 forecast of: (i) The total caseload of individuals anticipated to
33 utilize supported employment and community inclusion services; and
34 (ii) the caseload of individuals transitioning from high school
35 anticipated to utilize supported employment and community inclusion
36 services. These forecasts shall be utilized to inform the governor's
37 operating maintenance and policy level budgets during the 2025-2027
38 fiscal biennium and shall include data that begins with fiscal year
39 2018, incorporates actual entries and exits, and delineates the
  p. 125  ESSB 5167.SL
1 community inclusion caseload from the supported employment caseload
2 for both the total supported employment and community inclusion
3 caseload forecasts and the separate caseload forecasts of those
4 individuals transitioning from high school.
5    (t) $3,345,000 of the general fund—state appropriation for fiscal
6 year 2026 and $3,345,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for the department to provide
8 personal care services for up to 33 clients who are not United States
9 citizens and who are ineligible for medicaid upon their discharge
10 from an acute care hospital. The department must prioritize the
11 funding provided in this subsection for such clients in acute care
12 hospitals who are also on the department's wait list for services.
13    (u)(i) $9,346,000 of the general fund—state appropriation for
14 fiscal year 2026, $9,376,000 of the general fund—state appropriation
15 for fiscal year 2027, and $15,292,000 of the general fund—federal
16 appropriation are provided solely for the department to operate a
17 transitional facility specializing in treatment for youth aged 13-17
18 who have intellectual and developmental disabilities, or autism
19 spectrum disorder, and a severe psychiatric diagnosis requiring 24/7
20 care under the direction of a physician. Youth admitted to the
21 facility require health services wherein treatment modalities and
22 interventions are adapted to specifically provide youth with I/DD
23 benefits from the level of care provided. Services must be provided
24 at a leased property in Burien, serve no more than 12 youth at one
25 time, and be implemented in a way that prioritizes transition to less
26 restrictive community-based settings. Youth shall be voluntarily
27 admitted to the facility by their own consent or the consent of their
28 guardian or legal representative. The department shall collaborate
29 with the department of children, youth, and families to identify
30 youth for placement in this setting and regarding appropriate
31 discharge options with a focus on less restrictive community-based
32 settings.
33     (ii) The department and the health care authority shall
34 collaborate in the identification and evaluation of strategies to
35 obtain federal matching funding opportunities, specifically focusing
36 on innovative medicaid framework adjustments and the consideration of
37 necessary state plan amendments. This collaborative effort aims not
38 only to enhance the funding available for the operation of the
39 facility but also to maintain adherence to its fundamental objective
  p. 126  ESSB 5167.SL
1 of offering voluntary, transitional services. These services are
2 designed to facilitate the transition of youth to community-based
3 settings that are less restrictive, aligning with the facility's
4 commitment to supporting youth with complex needs in a manner that
5 encourages their movement toward independence.
6    (v) $118,000 of the general fund—state appropriation for fiscal
7 year    2026,     $118,000   of    the   general    fund—state    appropriation   for
8 fiscal     year     2027,    and    $204,000       of   the   general   fund—federal
9 appropriation are provided solely for implementation of Substitute
10 House Bill No. 1272 (children in crisis program). If the bill is not
11 enacted by June 30, 2025, the amounts provided in this subsection
12 shall lapse.
13    (w)      $486,000    of   the     general   fund—federal       appropriation   and
14 $420,000 of the general fund—private/local appropriation are provided
15 solely for a rate add-on for adult family homes in the amount
16 necessary to reimburse for the annual license renewal fee increase
17 included in (b)(i) of this subsection that is paid on medicaid beds.
18    (x) $21,000 of the general fund—federal appropriation and $18,000
19 of the general fund—private/local appropriation are provided solely
20 for a rate add-on for assisted living facilities in the amount
21 necessary to reimburse for the annual license renewal fee increase
22 included in (b)(ii) of this subsection that is paid on medicaid beds.
23(y) $12,000 of the general fund—state appropriation for fiscal
24 year 2026 and $12,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for implementation of Senate
26 Bill No. 5079 (DSHS overpayments). If the bill is not enacted by June
27 30, 2025, the amounts provided in this subsection shall lapse.
28(z) $1,326,000 of the general fund—state appropriation for fiscal
29 year 2026, $5,015,000 of the general fund—state appropriation for
30 fiscal year 2027, and $5,850,000 of the general fund—federal
31 appropriation are provided solely for implementation of Substitute
32 Senate Bill No. 5393 (Yakima & Rainier schools). If the bill is not
33 enacted by June 30, 2025, the amounts provided in this subsection
34 shall lapse.
35(2) INSTITUTIONAL SERVICES
36 General Fund—State Appropriation (FY 2026). . . . . . .  $156,314,000
37 General Fund—State Appropriation (FY 2027). . . . . . .  $151,860,000
38 General Fund—Federal Appropriation. . . . . . . . . . .  $256,720,000
39 General Fund—Private/Local Appropriation. . . . . . . . . $19,501,000
  p. 127  ESSB 5167.SL
1TOTAL APPROPRIATION. . . . . . . . . . . . . . .     $584,395,000
2     The appropriations in this subsection are subject to the
3 following conditions and limitations:
4     (a) Individuals receiving services as supplemental security
5 income (SSI) state supplemental payments may not become eligible for
6 medical assistance under RCW 74.09.510 due solely to the receipt of
7 SSI state supplemental payments.
8     (b)   The    residential    habilitation   centers   may   use   funds
9 appropriated in this subsection to purchase goods, services, and
10 supplies through hospital group purchasing organizations when it is
11 cost-effective to do so.
12     (c) Sufficient appropriations are provided for the department to
13 support the transition of individuals residing at Rainier School or
14 the three other residential habilitation centers, into appropriate
15 alternative residential settings, should those facilities be closed.
16 The department shall ensure that each affected individual is offered
17 a meaningful choice of alternative placements, including other
18 residential habilitation centers, supported living arrangements,
19 state operated living alternatives, adult family homes, skilled
20 nursing   facilities,    or    other   community-based    settings.   When
21 transitioning individuals, the department shall prioritize client
22 choice, autonomy, individual preferences, medical and behavioral
23 health care needs, and opportunities for community integration. The
24 department    shall   develop    individualized   transition    plans   in
25 collaboration with each resident, their family or legal guardian,
26 caregivers, and support providers. The department shall coordinate
27 closely with other state agencies, local entities, health care
28 providers, and community stakeholders to ensure seamless transitions.
29 The funding provided shall cover all costs associated with
30 assessments,    planning,    relocation   expenses,    necessary   housing
31 modifications, staff training, crisis support, and related transition
32 activities. Additionally, the department shall implement robust
33 oversight    and    accountability    measures,    regularly    monitoring
34 transition outcomes, individual well-being and satisfaction.
35     (d) $100,000 of the general fund—state appropriation for fiscal
36 year 2026 is provided solely for the department, in consultation with
37 Pierce county, the city of Buckley, interested stakeholder groups,
38 the department of enterprise services, and the office of financial
39 management, to conduct a review of, and provide recommendations on,
  p. 128  ESSB 5167.SL
1 the conversion of the Rainier School property and facilities to an
2 alternate use or transferring ownership and operations to a third
3 party capable of continuing services for this population. No later
4 than June 30, 2026, the department shall submit to the governor and
5 the appropriate committees of the legislature a report of its
6 findings and a prioritized list of recommendations that includes:
7     (i) In coordination with the city of Buckley and other
8 appropriate stakeholders, identification of the recommended solution
9 for ongoing maintenance and operations of the water treatment
10 facility on the Rainier School campus; and
11     (ii) In consultation with appropriate stakeholders:
12     (A) With consideration of recommendations included in the 2023
13 Rainier School footprint reduction report to the legislature,
14 identification of alternate uses of the Rainier School property and
15 facilities, a recommendation of the highest and best future use of
16 the   Rainier   School   property   and   facilities   that  includes
17 consideration of transferring ownership and operations to a qualified
18 third party capable of continuing services for this population, and a
19 detailed plan for achieving the recommendation; and
20     (B) Identification of any current revenue sources from the sale
21 or lease of the property or facilities, the associated value of those
22 sales or leases, the account into which those sales or leases are
23 deposited, an explanation of the rationale for any sale or lease
24 revenue that is not deposited into the developmental disabilities
25 community services account referenced in RCW 71A.20.170, and a
26 recommendation of whether any existing leases should be discontinued
27 upon closure or transfer of ownership of the Rainier School.
28     (3) PROGRAM SUPPORT
29 General Fund—State Appropriation (FY 2026). . . . . . . .  $3,714,000
30 General Fund—State Appropriation (FY 2027). . . . . . . .  $3,774,000
31 General Fund—Federal Appropriation. . . . . . . . . . . . $4,267,000
32TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $11,755,000
33     (4) SPECIAL PROJECTS
34 General Fund—State Appropriation (FY 2026). . . . . . . . . . $68,000
35 General Fund—State Appropriation (FY 2027). . . . . . . . . . $71,000
36 General Fund—Federal Appropriation. . . . . . . . . . . .  $1,094,000
37TOTAL APPROPRIATION. . . . . . . . . . . . . . . .        $1,233,000
*Sec. 203 was partially vetoed. See message at end of chapter.
  p. 129  ESSB 5167.SL
1     *NEW SECTION.   Sec. 204.   FOR THE DEPARTMENT OF SOCIAL AND HEALTH
2 SERVICES—AGING AND ADULT SERVICES PROGRAM
3 General Fund—State Appropriation (FY 2026). . . . . .  $2,688,279,000
4 General Fund—State Appropriation (FY 2027). . . . . .  $2,884,087,000
5 General Fund—Federal Appropriation. . . . . . . . . .  $6,839,614,000
6 General Fund—Private/Local Appropriation. . . . . . . .  $122,541,000
7 Traumatic Brain Injury Account—State Appropriation. . . .  $7,204,000
8 Skilled Nursing Facility Safety Net Trust Account—
9     State Appropriation. . . . . . . . . . . . . . . . .  $133,360,000
10 Long-Term Services and Supports Trust Account—State
11     Appropriation. . . . . . . . . . . . . . . . . . . . $214,874,000
12TOTAL APPROPRIATION. . . . . . . . . . . . .   $12,889,959,000
13     The appropriations in this section are subject to the following
14 conditions and limitations:
15     (1)(a) For purposes of implementing chapter 74.46 RCW, the
16 weighted average nursing facility payment rate may not exceed $376.54
17 for fiscal year 2026 and may not exceed $394.32 for fiscal year 2027.
18 Appropriations provided in this section are sufficient to partially
19 implement the case mix adjustment methodology to adjust rates of
20 individual facilities for case mix changes as specified in RCW
21 74.46.485 and stay within the specific budget dials. The weighted
22 average nursing facility payment rates in this subsection (1) include
23 the following: $35,436,000 of the general fund—state appropriation
24 for fiscal year 2026 and $39,028,000 of the general fund—federal
25 appropriation are provided solely for a facility-specific add-on to
26 help mitigate for the removal of one-time rate increases provided in
27 the 2023-2025 fiscal biennium in an amount that does not exceed the
28 fiscal year 2026 weighted average  nursing   facility    payment   rate
29 referenced in this subsection.
30     (b) The department shall provide a medicaid rate add-on to
31 reimburse the medicaid share of the skilled nursing facility safety
32 net assessment as a medicaid allowable cost. The nursing facility
33 safety net rate add-on may not be included in the calculation of the
34 annual statewide weighted average nursing facility payment rate.
35     (2) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and
36 43.135.055, the department is authorized to increase nursing
37 facility, assisted living facility, and adult family home fees as
38 necessary to fully support the actual costs of conducting the
39 licensure, inspection, and regulatory programs. The license fees may
  p. 130  ESSB 5167.SL
1 not exceed the department's annual licensing and oversight activity
2 costs and shall include the department's cost of paying providers for
3 the amount of the license fee attributed to medicaid clients.
4     (a) The current annual license renewal fee for adult family homes
5 is $450 per bed. A nonrefundable processing fee of $2,750 shall be
6 charged for the initial licensing of each adult family home. In
7 addition, a processing fee of $700 shall be imposed on providers
8 submitting an application for a change of ownership.
9     (b) The current annual license renewal fee for assisted living
10 facilities is $383 per bed in fiscal year 2026 and $381 in fiscal
11 year 2027.
12     (c) The current annual license renewal fee for nursing facilities
13 is $814 per bed in fiscal year 2026 and $834 per bed in fiscal year
14 2027.
15     (3) The department is authorized to place long-term care clients
16 residing in nursing homes and paid for with state-only funds into
17 less restrictive community care settings while continuing to meet the
18 client's care needs.
19     (4)   $33,412,000    of    the   general   fund—state    appropriation   for
20 fiscal year 2026, $80,128,000 of the general fund—state appropriation
21 for fiscal year 2027, and $143,047,000 of the general fund—federal
22 appropriation are provided solely for the rate increase for the new
23 consumer-directed employer contracted individual providers as set by
24 the consumer-directed rate setting board in accordance with RCW
25 74.39A.530.
26     (5)   $10,012,000    of    the   general   fund—state    appropriation   for
27 fiscal year 2026, $23,830,000 of the general fund—state appropriation
28 for fiscal year 2027, and $42,637,000 of the general fund—federal
29 appropriation are provided solely for the homecare agency parity
30 consistent with the rate set by the consumer-directed employer rate
31 setting board in accordance with RCW 74.39A.530.
32     (6) $2,327,000 of the general fund—state appropriation for fiscal
33 year 2026, $4,259,000 of the general fund—state appropriation for
34 fiscal    year   2027,   and   $8,297,000      of   the   general   fund—federal
35 appropriation are provided solely for administrative costs of the
36 consumer-directed employer as set by the consumer-directed employer
37 rate setting board in accordance with RCW 74.39A.530.
38     (7) $1,991,000 of the general fund—state appropriation for fiscal
39 year 2026, $3,637,000 of the general fund—state appropriation for
  p. 131  ESSB 5167.SL
1 fiscal year 2027, and $7,090,000 of the general fund—federal
2 appropriation are provided solely to increase the administrative rate
3 for home care agencies by 30 cents per hour effective July 1, 2025,
4 and an additional 23 cents per hour effective July 1, 2026.
5     (8) The department may authorize a one-time waiver of all or any
6 portion of the licensing and processing fees required under RCW
7 70.128.060 in any case in which the department determines that an
8 adult family home is being relicensed because of exceptional
9 circumstances, such as death or incapacity of a provider, and that to
10 require the full payment of the licensing and processing fees would
11 present a hardship to the applicant. In these situations the
12 department is also granted the authority to waive the required
13 residential administrator training for a period of 120 days if
14 necessary to ensure continuity of care during the relicensing
15 process.
16     (9) In accordance with RCW 18.390.030, the biennial registration
17 fee for continuing care retirement communities shall be $900 for each
18 facility.
19     (10) Appropriations in this section are sufficient to fund
20 discharge case managers stationed at the state psychiatric hospitals.
21 Discharge case managers will transition clients ready for hospital
22 discharge into less restrictive alternative community placements. The
23 transition of clients ready for discharge will free up bed capacity
24 at the state psychiatric hospitals.
25     (11) Appropriations in this section are sufficient to fund
26 financial service specialists stationed at the state psychiatric
27 hospitals. Financial service specialists will help to transition
28 clients ready for hospital discharge into alternative community
29 placements. The transition of clients ready for discharge will free
30 up bed capacity at the state hospitals.
31     (12) The department shall continue to administer tailored support
32 for older adults, medicaid alternative care, presumptive eligibility,
33 and housing supports, as described in initiative 2 of the 1115
34 demonstration waiver. This initiative will be funded by the health
35 care authority through the medicaid quality improvement program. The
36 secretary in collaboration with the director of the health care
37 authority shall report to the office of financial management all
38 expenditures of this subsection and shall provide such fiscal data in
39 the time, manner, and form requested. The department shall not
40 increase general fund—state expenditures on this initiative.
  p. 132  ESSB 5167.SL
1    (13)   $54,119,000   of   the   general   fund—state   appropriation   for
2 fiscal year 2026, $64,390,000 of the general fund—state appropriation
3  for fiscal year 2027, and $147,644,000 of the general fund—federal
4  appropriation are provided solely for the implementation of an
5  agreement reached between the governor and the adult family home
6  council under the provisions of chapter 41.56 RCW for the 2025-2027
7  fiscal biennium, as provided in section 908 of this act.
8     (14) Appropriations provided in this section are sufficient to
9 continue community alternative placement beds that prioritize the
10 transition of clients who are ready for discharge from the state
11 psychiatric hospitals, but who have additional long-term care or
12 developmental disability needs.
13     (a) Community alternative placement beds include enhanced service
14 facility beds, adult family home beds, skilled nursing facility beds,
15 shared supportive housing beds, state operated living alternative
16 beds, assisted living facility beds, adult residential care beds, and
17 specialized dementia beds.
18     (b) Each client must receive an individualized assessment prior
19 to leaving one of the state psychiatric hospitals. The individualized
20 assessment must identify and authorize personal care, nursing care,
21 behavioral health stabilization, physical therapy, or other necessary
22 services to meet the unique needs of each client. It is the
23 expectation that, in most cases, staffing ratios in all community
24 alternative placement options described in (a) of this subsection
25 will need to increase to meet the needs of clients leaving the state
26 psychiatric hospitals. If specialized training is necessary to meet
27 the needs of a client before he or she enters a community placement,
28 then the person centered service plan must also identify and
29 authorize this training.
30     (c) When reviewing placement options, the department must
31 consider the safety of other residents, as well as the safety of
32 staff, in a facility. An initial evaluation of each placement,
33 including any documented safety concerns, must occur within thirty
34 days of a client leaving one of the state psychiatric hospitals and
35 entering one of the community placement options described in (a) of
36 this subsection. At a minimum, the department must perform two
37 additional evaluations of each placement during the first year that a
38 client has lived in the facility.
  p. 133  ESSB 5167.SL
1     (d) In developing bed capacity, the department shall consider the
2 complex needs of individuals waiting for discharge from the state
3 psychiatric hospitals.
4     (15)   The  annual   certification  renewal  fee   for  community
5 residential service businesses is $859 per client in fiscal year 2026
6 and $859 per client in fiscal year 2027. The annual certification
7 renewal fee may not exceed the department's annual licensing and
8 oversight activity costs.
9    (16)   $5,245,000   of   the   general   fund—state   appropriation   for
10 fiscal   year  2026  and  $5,245,000  of  the   general  fund—state
11 appropriation for fiscal year 2027 are provided solely for services
12 and support to individuals who are deaf, hard of hearing, or deaf-
13 blind.
14    (17)   $8,747,000   of   the   general   fund—state   appropriation   for
15 fiscal year 2026, $8,747,000 of the general fund—state appropriation
16 for fiscal year 2027, and $19,878,000 of the general fund—federal
17 appropriation are provided solely for a one-time bridge rate for
18 assisted living facilities, enhanced adult residential centers, and
19 adult residential centers, with high medicaid occupancy. The bridge
20 rate does not replace or substitute the capital add-on rate found in
21 RCW 74.39A.320 and the same methodology from RCW 74.39A.320 shall be
22 used to determine each facility's medicaid occupancy percentage for
23 the purposes of this one-time bridge rate add-on. Facilities with a
24 medicaid occupancy level 75 percent or more shall receive a $20.99
25 add-on per resident day effective July 1, 2025.
26     (18) A nonrefundable fee of $485 shall be charged for each
27 application to increase bed capacity at an adult family home to seven
28 or eight beds.
29    (19)   $1,858,000   of   the   general   fund—state   appropriation   for
30 fiscal   year  2026   and  $1,857,000   of  the   general  fund—state
31 appropriation for fiscal year 2027 are provided solely for operation
32 of the volunteer services program. Funding must be prioritized
33 towards serving populations traditionally served by long-term care
34 services to include senior citizens and persons with disabilities.
35    (20) $989,000 of the general fund—state appropriation for fiscal
36 year 2026 and $989,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for the kinship navigator
38 program in the Colville Indian reservation, Yakama Nation, and other
39 tribal areas.
  p. 134  ESSB 5167.SL
1     (21) The traumatic brain injury council shall collaborate with
2 other state agencies in their efforts to address traumatic brain
3 injuries to ensure that efforts are complimentary and continue to
4 support the state's broader efforts to address this issue.
5     (22)    $2,807,000    of    the   general   fund—state   appropriation   for
6 fiscal year 2026, $2,811,000 of the general fund—state appropriation
7 for fiscal year 2027, and $70,000 of the general fund—federal
8 appropriation are provided solely for the kinship care support
9 program. Of the amounts provided in this subsection:
10     (a) $863,000 of the general fund—state appropriation for fiscal
11 year 2026 and $867,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for the kinship care support
13 program.
14     (b) $1,726,000 of the general fund—state appropriation for fiscal
15 year 2026, $1,734,000 of the general fund—state appropriation for
16 fiscal   year  2027,  and  $70,000  of  the  general   fund—federal
17 appropriation are provided solely for kinship navigators, including
18 an increase in the number of kinship navigators so that each area
19 agency on aging has one kinship navigator and King county has two
20 kinship navigators.
21     (23)    $2,574,000    of    the   general   fund—state   appropriation   for
22 fiscal     year   2026    and    $2,567,000     of   the   general    fund—state
23 appropriation for fiscal year 2027 are provided solely for the
24 department to provide personal care services for up to 40 clients who
25 are not United States citizens and who are ineligible for medicaid
26 upon their discharge from an acute care hospital. The department must
27 prioritize the funding provided in this subsection for such clients
28 in acute care hospitals who are also on the department's wait list
29 for services.
30     (24) $24,848,000 of the long-term services and supports trust
31 account—state appropriation is provided solely for the information
32 technology project for the long-term services and supports trust
33 program, and is subject to the conditions, limitations, and review
34 requirements of section 701 of this act.
35     (25)    $13,982,000    of   the   general   fund—state   appropriation   for
36 fiscal     year   2026    and   $13,982,000     of   the   general    fund—state
37 appropriation for fiscal year 2027 are provided solely for the area
38 agencies on aging to maintain senior nutrition services. This
  p. 135  ESSB 5167.SL
1 includes, but is not limited to, meals at sites, through pantries,
2 and home-delivery.
3     (26)   $3,831,000   of   the   general   fund—state   appropriation   for
4 fiscal year 2026, $7,859,000 of the general fund—state appropriation
5 for fiscal year 2027, and $7,187,000 of the general fund—federal
6 appropriation are provided solely for the nursing home to community
7 program to increase the rental subsidy base to $1,400 and expand the
8 program by 200 slots.
9     (27) $150,000 of the general fund—state appropriation for fiscal
10 year 2026 is provided solely for the department to contract with an
11 organization  to   enhance  direct  services,  outreach,   and  case
12 management services for seniors residing in at least four senior
13 housing communities located within a city adjacent to a major
14 international airport in King county. These funds must be used to
15 connect seniors to health, housing, and social resources to support
16 their ability to live independently and safely in their homes.
17     (28) $750,000 of the general fund—state appropriation for fiscal
18 year 2026 and $750,000 of the general fund—state appropriation for
19 fiscal year 2027 are provided solely for community-based dementia
20 education and support activities in three areas of the state,
21 including dementia resource catalyst staff and direct services for
22 people with dementia and their caregivers.
23     (29)(a) $20,662,000 of the general fund—state appropriation for
24 fiscal year 2026, $22,745,000 of the general fund—state appropriation
25 for fiscal year 2027, and $43,416,000 of the general fund—federal
26 appropriation are provided solely for the operating costs associated
27 with enhanced service facilities.
28     (b) The department shall broaden the current discharge and
29 referral case management practices for difficult to discharge
30 hospital patients waiting in acute care hospitals to include
31 referrals to all long-term care behavioral health settings, including
32 enhanced services facilities, enhanced adult residential care, and
33 enhanced adult residential care with community stability supports
34 contracts or community behavioral health support services, including
35 supportive supervision and oversight and skills development and
36 restoration. These home and community-based providers are contracted
37 to provide various levels of personal care, nursing, and behavior
38 supports   for  difficult   to   discharge  hospital  patients   with
39 significant behavior support needs.
  p. 136  ESSB 5167.SL
1     (c) Patients ready to discharge from acute care hospitals with
2 diagnosed behaviors or behavior history, and a likelihood of
3 unsuccessful placement in other licensed long-term care facilities, a
4 history of rejected applications for admissions, or a history of
5 unsuccessful placements shall be fully eligible for referral to
6 available beds in enhanced services facilities or enhanced adult
7 residential care with contracts that adequately meet the patient's
8 long-term care needs.
9     (d) Previous or current detainment under the involuntary
10 treatment act shall not be a requirement for individuals in acute
11 care hospitals to be eligible for these specialized settings. The
12 department shall develop a standard process for acute care hospitals
13 to refer patients to the department for placement in enhanced
14 services facilities and enhanced adult residential care with
15 contracts to provide behavior support.
16     (30)   $1,761,000    of   the   general   fund—state   appropriation   for
17 fiscal year 2026, $1,761,000 of the general fund—state appropriation
18 for fiscal year 2027, and $4,162,000 of the general fund—federal
19 appropriation are provided solely for case managers at the area
20 agencies on aging to coordinate care for medicaid clients with mental
21 illness who are living in their own homes. Work shall be accomplished
22 within existing standards for case management and no requirements
23 will be added or modified unless by mutual agreement between the
24 department of social and health services and area agencies on aging.
25    (31)    $14,447,000   of   the   general   fund—state   appropriation   for
26 fiscal year 2026, $14,510,000 of the general fund—state appropriation
27 for fiscal year 2027, and $28,959,000 of the general fund—federal
28 appropriation are provided solely for nursing home services and
29 emergent building costs at the transitional care center of Seattle.
30     (32) $3,800,000 of the traumatic brain injury account—state
31 appropriation is provided solely for implementation of Substitute
32 House Bill No. 1848 (traumatic brain injuries). If the bill is not
33 enacted by June 30, 2025, the amount provided in this subsection
34 shall lapse.
35    (33) $3,681,000 of the general fund—federal appropriation and
36 $3,179,000   of   the    general    fund—private/local
  appropriation are
37 provided solely for a rate add-on for adult family homes in the
38 amount necessary to reimburse for the annual license renewal fee
  p. 137  ESSB 5167.SL
1 increase included in subsection (2)(a) of this section that is paid
2 on medicaid beds.
3     (34) $2,216,000 of the general fund—federal appropriation and
4 $1,974,000 of the general fund—private/local appropriation are
5 provided solely for a rate add-on for assisted living facilities in
6 the amount necessary to reimburse for the annual license renewal fee
7 increase included in subsection (2)(b) of this section that is paid
8 on medicaid beds.
9     (35) $3,944,000 of the general fund—federal appropriation and
10 $3,580,000 of the general fund—private/local appropriation are
11 provided solely for a rate add-on for nursing facilities in the
12 amount necessary to reimburse for the annual license renewal fee
13 increase included in subsection (2)(c) of this section that is paid
14 on medicaid beds.
15     (36) $438,000 of the general fund—private/local appropriation is
16 provided solely for implementation of Engrossed Second Substitute
17 Senate Bill No. 5337 (memory care services). If the bill is not
18 enacted by June 30, 2025, the amount provided in this subsection
19 shall lapse.
20     (37) $4,722,000 of the long-term services and supports trust
21 account—state appropriation is provided solely for implementation of
22 Engrossed Substitute Senate Bill No. 5291 (long-term services trust).
23 If the bill is not enacted by June 30, 2025, the amount provided in
24 this subsection shall lapse.
25     (38) $38,000 of the general fund—state appropriation for fiscal
26 year 2026 and $38,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely for implementation of Senate
28 Bill No. 5079 (DSHS overpayments). If the bill is not enacted by June
29 30, 2025, the amounts provided in this subsection shall lapse.
*Sec. 204 was partially vetoed. See message at end of chapter.
30     NEW SECTION.      Sec. 205.    FOR THE DEPARTMENT OF SOCIAL AND HEALTH
31 SERVICES—ECONOMIC SERVICES PROGRAM
32 General Fund—State Appropriation (FY 2026). . . . . . .  $761,681,000
33 General Fund—State Appropriation (FY 2027). . . . . . .  $710,910,000
34 General Fund—Federal Appropriation. . . . . . . . . .  $1,910,479,000
35 General Fund—Private/Local Appropriation. . . . . . . . .  $5,002,000
36 Administrative Contingency Account—State
37     Appropriation. . . . . . . . . . . . . . . . . . . . .  $4,000,000
  p. 138  ESSB 5167.SL
1  Domestic Violence Prevention Account—State
2      Appropriation. . . . . . . . . . . . . . . . . . . . . $2,404,000
3TOTAL APPROPRIATION. . . . . . . . . . . . . . $3,394,476,000
4     The appropriations in this section are subject to the following
5 conditions and limitations:
6     (1)(a) $201,111,000 of the general fund—state appropriation for
7 fiscal   year   2026,   $183,932,000     of   the   general    fund—state
8 appropriation for fiscal year 2027, $868,255,000 of the general fund—
9 federal   appropriation,   and  $4,000,000   of   the   administrative
10 contingency account—state appropriation are provided solely for all
11 components of the WorkFirst program. Within the amounts provided for
12 the WorkFirst program, the department may provide assistance using
13 state-only funds for families eligible for temporary assistance for
14 needy families. The budget structure must include budget units for
15 the following: Cash assistance, child care, WorkFirst activities, and
16 administration of the program. Within these budget units, the
17 department must develop program index codes for specific activities
18 and develop allotments and track expenditures using these codes. The
19 department shall report to the office of financial management and the
20 relevant fiscal and policy committees of the legislature prior to
21 adopting a structure change.
22     (b) $530,530,000 of the amounts in (a) of this subsection is for
23 assistance to clients, including grants, diversion cash assistance,
24 and additional diversion emergency assistance including but not
25 limited to assistance authorized under RCW 74.08A.210. The department
26 may use state funds to provide support to working families that are
27 eligible for temporary assistance for needy families but otherwise
28 not receiving cash assistance.
29     (c)(i) $167,934,000 of the amounts in (a) of this subsection is
30 for WorkFirst job search, education and training activities, barrier
31 removal services, limited English proficiency services, and tribal
32 assistance under RCW 74.08A.040. The department must allocate this
33 funding based on client outcomes and cost effectiveness measures.
34 Within amounts provided in this subsection (1)(c), the department
35 shall implement the working family support program.
36     (ii) $2,474,000 of the amounts provided in (c)(i) of this
37 subsection is for enhanced transportation assistance. The department
38 must prioritize the use of these funds for the recipients most in
39 need of financial assistance to facilitate their return to work. The
  p. 139  ESSB 5167.SL
1 department must not utilize these funds to supplant repayment
2 arrangements that are currently in place to facilitate the
3 reinstatement of drivers' licenses.
4     (d) Of the amounts in (a) of this subsection, $353,402,000 of the
5 general fund—federal appropriation is for the working connections
6 child care program under RCW 43.216.020 within the department of
7 children, youth, and families. The department is the lead agency for
8 and recipient of the federal temporary assistance for needy families
9 grant. A portion of this grant must be used to fund child care
10 subsidies expenditures at the department of children, youth, and
11 families.
12     (i) The department of social and health services shall work in
13 collaboration with the department of children, youth, and families to
14 determine the appropriate amount of state expenditures for the
15 working connections child care program to claim towards the state's
16 maintenance of effort for the temporary assistance for needy families
17 program. The departments will also collaborate to track the average
18 monthly child care subsidy caseload and expenditures by fund type,
19 including   child   care   development   fund,   general   fund—state
20 appropriation, and temporary assistance for needy families for the
21 purpose of estimating the annual temporary assistance for needy
22 families reimbursement from the department of social and health
23 services to the department of children, youth, and families.
24     (ii) On December 1st of each year of the biennium the department
25 of children, youth, and families must report to the governor and the
26 appropriate fiscal and policy committees of the legislature the total
27 state contribution for the working connections child care program
28 claimed the previous fiscal year towards the state's maintenance of
29 effort for the temporary assistance for needy families program and
30 the total temporary assistance for needy families reimbursement from
31 the department of social and health services for the previous fiscal
32 year.
33     (e) Of the amounts in (a) of this subsection, $68,496,000 of the
34 general fund—federal appropriation is for child welfare services
35 within the department of children, youth, and families.
36     (f) Of the amounts in (a) of this subsection, $136,939,000 is for
37 WorkFirst administration and overhead.
38     (g)(i) The department shall submit quarterly expenditure reports
39 to the governor, the fiscal committees of the legislature, and the
  p. 140  ESSB 5167.SL
1 legislative WorkFirst poverty reduction oversight task force under
2 RCW 74.08A.341. In addition to these requirements, the department
3 must detail any fund transfers across budget units identified in (a)
4 through (e) of this subsection. The department shall not initiate any
5 services that require expenditure of state general fund moneys that
6 are not consistent with policies established by the legislature.
7     (ii) The department may transfer up to 10 percent of funding
8 between budget units identified in (b) through (f) of this
9 subsection. The department shall provide notification prior to any
10 transfer to the office of financial management and to the appropriate
11 legislative   committees  and   the  legislative-executive   WorkFirst
12 poverty reduction oversight task force. The approval of the director
13 of financial management is required prior to any transfer under this
14 subsection.
15     (h) On January 2nd and July 1st of each year, the department
16 shall provide a maintenance of effort and participation rate tracking
17 report for temporary assistance for needy families to the office of
18 financial management, the appropriate policy and fiscal committees of
19 the legislature, and the legislative-executive WorkFirst poverty
20 reduction oversight task force. The report must detail the following
21 information for temporary assistance for needy families:
22     (i) An overview of federal rules related to maintenance of
23 effort, excess maintenance of effort, participation rates for
24 temporary assistance for needy families, and the child care
25 development fund as it pertains to maintenance of effort and
26 participation rates;
27     (ii) Countable maintenance of effort and excess maintenance of
28 effort, by source, provided for the previous federal fiscal year;
29     (iii) Countable maintenance of effort and excess maintenance of
30 effort, by source, for the current fiscal year, including changes in
31 countable maintenance of effort from the previous year;
32     (iv) The status of reportable federal participation rate
33 requirements, including any impact of excess maintenance of effort on
34 participation targets;
35     (v) Potential new sources of maintenance of effort and progress
36 to obtain additional maintenance of effort;
37     (vi) A two-year projection for meeting federal block grant and
38 contingency fund maintenance of effort, participation targets, and
39 future reportable federal participation rate requirements; and
  p. 141  ESSB 5167.SL
1     (vii) Proposed and enacted federal law changes affecting
2 maintenance of effort or the participation rate, what impact these
3 changes have on Washington's temporary assistance for needy families
4 program, and the department's plan to comply with these changes.
5     (i) In the 2025-2027 fiscal biennium, it is the intent of the
6 legislature to provide appropriations from the state general fund for
7 the purposes of (a) of this subsection if the department does not
8 receive additional federal temporary assistance for needy families
9 contingency funds in each fiscal year as assumed in the budget
10 outlook.
11    (2) $3,545,000 of the general fund—state appropriation for fiscal
12 year 2026 and $3,545,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for naturalization services.
14    (3) $2,366,000 of the general fund—state appropriation for fiscal
15 year 2026 is provided solely for employment services for refugees and
16 immigrants, of which $1,774,000 is provided solely for the department
17 to pass through to statewide refugee and immigrant assistance
18 organizations for limited English proficiency pathway services; and
19 $2,366,000 of the general fund—state appropriation for fiscal year
20 2027 is provided solely for employment services for refugees and
21 immigrants, of which $1,774,000 is provided solely for the department
22 to pass through to statewide refugee and immigrant assistance
23 organizations for limited English proficiency pathway services.
24     (4) On January 1st of each year, the department must report to
25 the governor and the legislature on all sources of funding available
26 for both refugee and immigrant services and naturalization services
27 during the current fiscal year and the amounts expended to date by
28 service type and funding source. The report must also include the
29 number of clients served and outcome data for the clients.
30     (5) To ensure expenditures remain within available funds
31 appropriated in this section, the legislature establishes the benefit
32 under the state food assistance program, pursuant to RCW 74.08A.120,
33 to be 100 percent of the federal supplemental nutrition assistance
34 program benefit amount.
35     (6) The department shall review clients receiving services
36 through the aged, blind, or disabled assistance program, to determine
37 whether they would benefit from assistance in becoming naturalized
38 citizens, and thus be eligible to receive federal supplemental
  p. 142  ESSB 5167.SL
1 security income benefits. Those cases shall be given high priority
2 for naturalization funding through the department.
3     (7) The department shall continue the interagency agreement with
4 the department of veterans' affairs to establish a process for
5 referral of veterans who may be eligible for veterans' services. This
6 agreement must include out-stationing department of veterans' affairs
7 staff in selected community service office locations in King and
8 Pierce counties to facilitate applications for veterans' services.
9     (8) $1,000,000 of the general fund—state appropriation for fiscal
10 year 2026 and $1,000,000 of the general fund—state appropriation for
11 fiscal year 2027 are provided solely for operational support of the
12 Washington information network 211 organization.
13    (9) $560,000 of the general fund—state appropriation for fiscal
14 year 2026 and $560,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for a state-funded employment
16 and training program for recipients of the state's food assistance
17 program.
18    (10)   $4,984,000   of   the   general   fund—state   appropriation   for
19 fiscal year 2026, $4,406,000 of the general fund—state appropriation
20 for fiscal year 2027, and $17,548,000 of the general fund—federal
21 appropriation are provided solely for the alignment of eligibility
22 rules in accordance with federal center for medicare and medicaid
23 services'   regulations  in   42  C.F.R.   Sec.   433.112(b) and  in
24 coordination with the health benefit exchange. Funding is subject to
25 the conditions, limitations, and review requirements of section 701
26 of this act.
27     (11) Within existing resources, a revised integrated eligibility
28 and enrollment roadmap and schedule will be created to accommodate
29 eligibility rule updates that are necessary to meet the federal
30 center for medicare and medicaid services' regulations.
31    (12)   $1,067,000   of   the   general   fund—state   appropriation   for
32 fiscal year 2026, $1,067,000 of the general fund—state appropriation
33 for fiscal year 2027, and $4,980,000 of the general fund—federal
34 appropriation are provided solely for the integrated eligibility and
35 enrollment modernization project office.
36     (13)(a) $500,000 of the general fund—state appropriation for
37 fiscal year 2026 is provided solely for sponsorship stabilization
38 funds for eligible unaccompanied children and their sponsors.
  p. 143  ESSB 5167.SL
1     (b) Of the amounts provided in (a) of this subsection, $350,000
2 of the general fund—state appropriation for fiscal year 2026 is
3 provided solely for sponsorship stabilization funds for eligible
4 unaccompanied children and their sponsors in order to address
5 financial hardship and support household well-being. Stabilization
6 funds can be used to support the sponsorship household with costs of
7 housing, childcare, transportation, internet and data services,
8 household goods, and other unmet needs. The funds may be provided on
9 behalf of an unaccompanied child when the following eligibility
10 criteria are met:
11     (i) The unaccompanied child is between the ages of 0-17, has been
12 placed in Washington under the care of a nonparental sponsor
13 following release from the United States office of refugee
14 resettlement custody, and has not been reunified with a parent; and
15     (ii) The sponsorship household demonstrates financial need and
16 has an income below 250 percent of the federal poverty level. A
17 sponsorship household receiving stabilization funds on behalf of a
18 child who turns 18 may continue to receive funds for an additional 60
19 days after the child reaches 18 years of age.
20     (c) The department may work with community-based organizations to
21 administer sponsorship stabilization supports. Up to 10 percent of
22 the amounts provided in (b) of this subsection may be used by the
23 community-based   organizations    to   cover   administrative   expenses
24 associated with the distribution of these supports.
25     (d) Of the amounts provided in (a) of this subsection, up to
26 $150,000 is provided solely to cover the administrative resources
27 necessary   for   the   department    to   administer   the   sponsorship
28 stabilization program.
29     (14) $185,000 of the general fund—state appropriation for fiscal
30 year 2026 is provided solely for the department to meet the terms of
31 its settlement agreement with the United States department of
32 agriculture (USDA), specifically to fund employment and training
33 program services and activities targeted to able-bodied adults
34 without dependents receiving food benefits from the USDA supplemental
35 nutrition assistance program, but open to all basic food employment
36 and training participants including participants who are not able-
37 bodied adults without dependents.
38     (15)    $1,140,000   of    the   general    fund—state    appropriation   for
39 fiscal     year   2026   and   $1,141,000      of   the   general   fund—federal
  p. 144  ESSB 5167.SL
1 appropriation are provided solely to fully integrate the asset
2 verification system into the automated client eligibility system
3 (ACES).
4     (16)(a) $6,911,000 of the general fund—state appropriation for
5  fiscal year 2026, $4,924,000 of the general fund—state appropriation
6 for fiscal year 2027, and $11,837,000 of the general fund—federal
7 appropriation are provided solely for the implementation of the
8 summer electronic benefit transfer program for the summer break
9 months following the 2024-25 and 2025-26 school years. The program
10 implementation must align with the federal summer electronic benefit
11 program requirements defined in the consolidated appropriations act,
12 2023 (136 Stat. 4459). The department may use a third-party entity to
13 administer the program through March of 2027.
14    (b)   Within   existing   resources,    the   department   must   submit   a
15 report by September 12, 2025, to the appropriate policy and fiscal
16 committees of the legislature and the governor that includes detailed
17 estimates of the cost and timeline to administer the summer
18 electronic benefit transfer program within the community services
19 division. The report shall also include a comparison of the potential
20 benefits and risks of administering the program within the division
21 or through using a vendor and any recommendations the department may
22 have.
23     (17)(a) $25,000,000 of the general fund—state appropriation for
24 fiscal year 2026 is provided solely to the office of refugee and
25 immigrant assistance to expand support services for individuals newly
26 arriving to the United States and Washington who do not qualify for
27 federal refugee resettlement program services. Support services
28 include, but are not limited to, housing assistance, food,
29 transportation,   childhood   education   services,   education   and
30 employment supports, connection to legal services, and social
31 services navigation.
32     (b) Of the amounts in (a) of this subsection, up to $810,000 for
33 fiscal year 2026 is provided solely for staffing at the office of
34 refugee and immigrant assistance to cover the administrative expenses
35 of implementing this subsection.
36     (18) By June 30th of each fiscal year, the department must submit
37 a report to the governor and the legislature that shows the prior
38 fiscal year's call and lobby wait times by month and queue, number of
39 customer contacts by month and queue, processing times for the
  p. 145  ESSB 5167.SL
1 various queues for the three most recent fiscal years along with an
2 explanation for any changes to the most recent year's processing
3 times, number of filled public benefit specialists 3 positions and
4 vacancies by month, any available wait time impacts associated with
5 the individual technology solution enhancements, any telephonic
6 savings experienced due to fewer customers waiting on hold, and
7 recommendations to continue reducing customer wait times.
8     (19) Within existing resources, the department shall assess the
9 ongoing feasibility of continuing services with a third-party
10 employment verification vendor. A report shall be submitted to the
11 legislature and governor by September 12, 2025, that includes the
12 following:
13     (a) A detailed overview of the current employment verification
14 process, including the general instances in which employment
15 verification is deemed necessary, when the third-party vendor is used
16 to complete this task and who completes the verification;
17     (b) Current cost of the third-party vendor along with projected
18 rate increases;
19     (c) Available options to reduce the ongoing cost of using a
20 third-party vendor for employment verification services, including
21 but not limited to an inventory of available vendors and their rates
22 and ways to streamline employment verification costs by reducing
23 duplicative or unnecessary searches;
24     (d) Costs and risks associated with using in-house services to
25 verify employment instead of using a third-party vendor; and
26     (e) Recommendations of cost-effective and sustainable employment
27 verification options.
28(20) $154,000 of the general fund—state appropriation for fiscal
29 year 2026 and $154,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for implementation of Senate
31 Bill No. 5079 (DSHS overpayments). If this bill is not enacted by
32 June 30, 2025, the amounts provided in this subsection shall lapse.
33    (21) $192,000 of the general fund—state appropriation for fiscal
34 year    2026,   $163,000   of   the   general   fund—state   appropriation   for
35 fiscal year 2027, and $465,000 of the general fund—federal
36 appropriation are provided solely to support the expansion of the
37 federal supplemental nutrition assistance program tribal eligibility
38 determination project to an additional five tribes.
  p. 146  ESSB 5167.SL
1      *NEW SECTION.      Sec. 206.    FOR THE DEPARTMENT OF SOCIAL AND HEALTH
2  SERVICES—VOCATIONAL REHABILITATION PROGRAM
3 General Fund—State Appropriation (FY 2026). . . . . . . . $25,410,000
4 General Fund—State Appropriation (FY 2027). . . . . . . . $25,958,000
5 General Fund—Federal Appropriation. . . . . . . . . . .  $121,507,000
6TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $172,875,000
7     The appropriations in this section are subject to the following
8 conditions and limitations:
9      (1) $550,000 of the general fund—state appropriation for fiscal
10 year 2026 and $550,000 of the general fund—state appropriation for
11 fiscal year 2027 are provided solely for grants to federally
12 recognized tribes of Washington to support culturally appropriate
13 vocational rehabilitation services and adaptive technologies for
14 tribal members with disabilities who are seeking employment.
15     (2) $150,000 of the general fund—state appropriation for fiscal
16 year 2026 is provided solely for the department to contract with
17 community-based nonprofit organizations that collaborate statewide to
18 provide services in counties west of the Cascade mountains, in
19 central Washington, and counties in the most eastern part of the
20 state. The entities must specialize in fostering independent living
21 core   services,   community  integration,   and   accessibility   for
22 individuals   with   developmental   disabilities.   These   nonprofit
23 organizations must have knowledge, demonstrate effectiveness, and
24 specialize in fostering independent living, community integration,
25 and accessibility for individuals with developmental disabilities.
26 These funds must be used to support efforts to enhance inclusive
27 community spaces, assist individuals transitioning from institutional
28 settings to independent living, and strengthen capacity for more
29 inclusive emergency preparedness.
30     (3) $3,208,000 of the general fund—federal appropriation is
31 provided solely for implementation of Substitute Senate Bill No. 5253
32 (special education services) to extend client services to students
33 through the school year students turn 22. If the bill is not enacted
34 by June 30, 2025, the amounts provided in this subsection shall
35 lapse.
*Sec. 206 was partially vetoed. See message at end of chapter.
36     NEW SECTION.      Sec. 207.    FOR THE DEPARTMENT OF SOCIAL AND HEALTH
37 SERVICES—SPECIAL COMMITMENT PROGRAM
  p. 147  ESSB 5167.SL
1 General Fund—State Appropriation (FY 2026). . . . . . . . $80,354,000
2 General Fund—State Appropriation (FY 2027). . . . . . . . $80,835,000
3TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $161,189,000
4     The appropriations in this section are subject to the following
5 conditions and limitations: The special commitment center may use
6 funds appropriated in this subsection to purchase goods, services,
7 and supplies through hospital group purchasing organizations when it
8 is cost-effective to do so.
9    NEW SECTION.        Sec. 208.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH
10 SERVICES—ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
11 General Fund—State Appropriation (FY 2026). . . . . . .  $124,811,000
12 General Fund—State Appropriation (FY 2027). . . . . . .  $125,044,000
13 General Fund—Federal Appropriation. . . . . . . . . . .  $152,146,000
14TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $402,001,000
15     The appropriations in this section are subject to the following
16 conditions and limitations:
17     (1) Within amounts appropriated in this section, the department
18 shall provide to the department of health, where available, the
19 following data for all nutrition assistance programs funded by the
20 United States department of agriculture and administered by the
21 department. The department must provide the report for the preceding
22 federal fiscal year by February 1, 2026, and February 1, 2027. The
23 report must provide:
24     (a) The number of people in Washington who are eligible for the
25 program;
26     (b) The number of people in Washington who participated in the
27 program;
28     (c) The average annual participation rate in the program;
29     (d) Participation rates by geographic distribution; and
30     (e) The annual federal funding of the program in Washington.
31(2) $399,000 of the general fund—state appropriation for fiscal
32 year    2026,     $467,000   of    the   general    fund—state    appropriation   for
33 fiscal     year     2027,    and    $508,000       of   the   general   fund—federal
34 appropriation are provided solely for the implementation of an
35 agreement reached between the governor and the Washington federation
36 of state employees for the language access providers under the
37 provisions of chapter 41.56 RCW for the 2025-2027 fiscal biennium as
38 provided in section 907 of this act.
  p. 148  ESSB 5167.SL
1     (3) $138,000 of the general fund—state appropriation for fiscal
2  year    2026,     $138,000    of    the   general    fund—state    appropriation   for
3  fiscal     year     2027,     and    $161,000       of   the   general   fund—federal
4  appropriation are provided solely for implementation of Substitute
5  House Bill No. 1272 (children in crisis program). If the bill is not
6  enacted by June 30, 2025, the amounts provided in this subsection
7  shall lapse.
8     (4)(a)      $931,000     of     the   general    fund—state    appropriation   for
9 fiscal     year    2026      and    $9,839,000      of   the   general   fund—federal
10 appropriation are provided solely for the statewide electronic health
11 records solution and is subject to the conditions, limitations, and
12 review requirements of section 701 of this act.
13     (b) The statewide electronic health records solution must use an
14 agile development model holding live demonstrations of functioning
15 software, developed using incremental user research, held at the end
16 of two-week sprints.
17     (c) The statewide electronic health records solution must be
18 capable of being continually updated, as necessary.
19     (d)(i) The department must collaborate with the department of
20 corrections and the health care authority and, as a team, must work
21 to successfully meet budget, scope, and schedule for the statewide
22 electronic health records solution.
23     (ii) Beginning July 1, 2025, the department of social and health
24 services agency project team shall provide necessary updates to the
25 health care authority foundational project team for the statewide
26 electronic health records solution within 15 calendar days of the end
27 of each fiscal quarter.
28     (iii) The information provided to the authority shall include how
29 funding was spent compared to the budget spending plan for the prior
30 quarter by fiscal month and what the next quarter budget will be by
31 fiscal month.
32     (iv) The requirements of the quarterly report are provided in
33 section 211(58) of this act.
34NEW SECTION.    Sec. 209.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH
35 SERVICES—PAYMENTS TO OTHER AGENCIES PROGRAM
36 General Fund—State Appropriation (FY 2026). . . . . . . . $82,964,000
37 General Fund—State Appropriation (FY 2027). . . . . . . . $68,511,000
38 General Fund—Federal Appropriation. . . . . . . . . . . . $67,585,000
  p. 149  ESSB 5167.SL
1TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $219,060,000
2      The appropriations in this section are subject to the following
3  conditions and limitations: Within the amounts appropriated in this
4  section, the department must extend master property insurance to all
5  buildings owned by the department valued over $250,000 and to all
6  locations leased by the department with contents valued over
7  $250,000.
8     NEW SECTION. Sec. 210. FOR THE STATE HEALTH CARE AUTHORITY
9     (1)(a) During the 2025-2027 fiscal biennium, the health care
10 authority shall provide support and data as required by the office of
11 the state actuary in providing the legislature with health care
12 actuarial analysis, including providing any information in the
13 possession of the health care authority or available to the health
14 care authority through contracts with providers, plans, insurers,
15 consultants, or any other entities contracting with the health care
16 authority.
17     (b) Information technology projects or investments and proposed
18 projects or investments impacting time capture, payroll and payment
19 processes   and    systems,   eligibility,   case    management,  and
20 authorization systems within the health care authority are subject to
21 technical oversight by Washington technology solutions.
22     (2) The health care authority shall not initiate any services
23 that require expenditure of state general fund moneys unless
24 expressly authorized in this act or other law. The health care
25 authority may seek, receive, and spend, under RCW 43.79.260 through
26 43.79.282, federal moneys not anticipated in this act as long as the
27 federal funding does not require expenditure of state moneys for the
28 program in excess of amounts anticipated in this act. If the health
29 care authority receives unanticipated unrestricted federal moneys,
30 those moneys shall be spent for services authorized in this act or in
31 any other legislation providing appropriation authority, and an equal
32 amount of appropriated state general fund moneys shall lapse. Upon
33 the lapsing of any moneys under this subsection, the office of
34 financial management shall notify the legislative fiscal committees.
35 As used in this subsection, "unrestricted federal moneys" includes
36 block grants and other funds that federal law does not require to be
37 spent on specifically defined projects or matched on a formula basis
38 by state funds.
  p. 150  ESSB 5167.SL
1     (3)(a) The health care authority, the health benefit exchange,
2 the department of social and health services, the department of
3 health, the department of corrections, and the department of
4 children, youth, and families shall work together within existing
5 resources to establish the health and human services enterprise
6 coalition (the coalition). The coalition, led by the health care
7 authority, must be a multi-organization collaborative that provides
8 strategic direction and federal funding guidance for projects that
9 have cross-organizational or enterprise impact, including information
10 technology projects that affect organizations within the coalition.
11 Washington   technology   solutions   shall  maintain   a   statewide
12 perspective when collaborating with the coalition to ensure that
13 projects are planned for in a manner that ensures the efficient use
14 of state resources, supports the adoption of a cohesive technology
15 and data architecture, and maximizes federal financial participation.
16 The work of the coalition and any project identified as a coalition
17 project is subject to the conditions, limitations, and review
18 provided in section 701 of this act.
19     (b) The health care authority must submit a report on November
20 1st of each fiscal year to the fiscal committees of the legislature.
21 The report must include, at a minimum:
22     (i) A list of active coalition projects as of July 1st of the
23 fiscal year. This must include all current and ongoing coalition
24 projects, which coalition agencies are involved in these projects,
25 and the funding being expended on each project, including in-kind
26 funding. For each project, the report must include which federal
27 requirements each coalition project is working to satisfy, and when
28 each project is anticipated to satisfy those requirements; and
29     (ii) A list of coalition projects that are planned in the current
30 and following fiscal year. This must include which coalition agencies
31 are involved in these projects, including the anticipated in-kind
32 funding by agency, and if a budget request will be submitted for
33 funding. This must reflect all funding required by fiscal year and by
34 fund source and include the budget outlook period.
35     (4) The health care authority shall promptly notify the office of
36 the attorney general upon the receipt of a request from or on behalf
37 of a federal agency or a federal, state, or local law enforcement
38 authority for health care information, as defined in RCW 70.02.010,
39 program eligibility information for individuals, information that may
40 identify a health care provider's or facility's delivery of health
  p. 151  ESSB 5167.SL
1 care services to noncitizens, or the delivery of protected health
2 care services as defined in RCW 7.115.010 where the request may
3 impact expenditures for such services. The authority shall require
4 contracted entities to notify the authority promptly upon receipt of
5 a request from a federal agency or law enforcement authority as
6 described in this subsection.
7      *NEW SECTION.    Sec. 211.   FOR THE STATE HEALTH CARE AUTHORITY—
8  MEDICAL ASSISTANCE
9  General Fund—State Appropriation (FY 2026). . . . . .    $3,297,488,000
10 General Fund—State Appropriation (FY 2027). . . . . .    $3,238,506,000
11 General Fund—Federal Appropriation. . . . . . . . . . $20,698,162,000
12 General Fund—Private/Local Appropriation. . . . . . .    $1,799,623,000
13 Dedicated Cannabis Account—State Appropriation
14     (FY 2026). . . . . . . . . . . . . . . . . . . . . .     $19,780,000
15 Dedicated Cannabis Account—State Appropriation
16     (FY 2027). . . . . . . . . . . . . . . . . . . . . .     $20,850,000
17 Emergency Medical Services and Trauma Care Systems
18     Trust Account—State Appropriation. . . . . . . . . .     $15,086,000
19 Hospital Safety Net Assessment Account—State
20     Appropriation. . . . . . . . . . . . . . . . . . .   $1,811,036,000
21 Long-Term Services and Supports Trust Account—State
22     Appropriation. . . . . . . . . . . . . . . . . . . .     $10,142,000
23 Medicaid Access Program Account—State Appropriation. . .     $35,000,000
24 Medical Aid Account—State Appropriation. . . . . . . . . . . $540,000
25 Statewide 988 Behavioral Health Crisis Response Line
26     Account—State Appropriation. . . . . . . . . . . . . . $1,610,000
27 Telebehavioral Health Access Account—State
28     Appropriation. . . . . . . . . . . . . . . . . . . . .    $7,608,000
29 Ambulance Transport Fund—State Appropriation. . . . . . . $12,368,000
30TOTAL APPROPRIATION. . . . . . . . . . . . .  $30,967,799,000
31     The appropriations in this section are subject to the following
32 conditions and limitations:
33     (1) The authority may not accept or expend any federal funds
34 received under an 1115 demonstration waiver except as described in
35 this section unless the legislature has appropriated the federal
36 funding. To ensure compliance with legislative requirements and terms
37 and conditions of the waiver, the authority shall implement the
38 renewal of the 1115 demonstration waiver and reporting requirements
  p. 152  ESSB 5167.SL
1 with oversight from the office of financial management. The
2 legislature finds that appropriate management of the renewal of the
3 1115 demonstration waiver as set forth in subsections (2), (3), and
4 (4) of this section requires sound, consistent, timely, and
5 transparent oversight and analytic review in addition to lack of
6 redundancy with other established measures. The patient must be
7 considered first and foremost in the implementation and execution of
8 the demonstration waiver. To accomplish these goals, the authority
9 shall   develop  consistent   performance  measures   that  focus   on
10 population health and health outcomes. The authority shall limit the
11 number of projects that accountable communities of health may
12 participate in under initiative 1 to a maximum of six and shall seek
13 to develop common performance measures when possible. The joint
14 select committee on health care oversight will evaluate the measures
15 chosen: (a) For effectiveness and appropriateness; and (b) to provide
16 patients and health care providers with significant input into the
17 implementation of the demonstration waiver to promote improved
18 population health and patient health outcomes. In cooperation with
19 the department of social and health services, the authority shall
20 consult with and provide notification of work on applications for
21 federal waivers, including details on waiver duration, financial
22 implications, and potential future impacts on the state budget to the
23 joint select committee on health care oversight prior to submitting
24 these waivers for federal approval. Prior to final approval or
25 acceptance of funds by the authority, the authority shall submit the
26 special terms and conditions as submitted to the centers for medicare
27 and medicaid services and the anticipated budget for the duration of
28 the renewed waiver to the governor, the joint select committee on
29 health care, and the fiscal committees of the legislature. By federal
30 standard any programs created or funded by this waiver do not create
31 an entitlement. The demonstration period for the waiver as described
32 in subsections (2), (3), and (4) of this section began July 1, 2023.
33     (2)(a) $657,598,000 of the general fund—federal appropriation and
34 $207,273,000 of the general fund—local appropriation are provided
35 solely for accountable communities of health described in initiative
36 1 of the 1115 demonstration waiver and this is the maximum amount
37 that may be expended for this purpose. In renewing this initiative,
38 the authority shall consider local input regarding community needs
39 and shall limit total local projects to no more than six. To provide
40 transparency to the appropriate fiscal committees of the legislature,
  p. 153  ESSB 5167.SL
1  the authority shall provide fiscal staff of the legislature query
2  ability into any database of the fiscal intermediary that authority
3  staff would be authorized to access. The authority shall not
4  supplement the amounts provided in this subsection with any general
5 fund—state moneys appropriated in this section or any moneys that may
6 be transferred pursuant to subsection (1) of this section. The
7 director shall report to the fiscal committees of the legislature all
8 expenditures under this subsection and provide such fiscal data in
9 the time, manner, and form requested by the legislative fiscal
10 committees.
11     (b) $557,333,000 of the general fund—federal appropriation and
12 $227,643,000   of   the   general   fund—private/local
  appropriation are
13 provided solely for the medicaid quality improvement program and this
14 is the maximum amount that may be expended for this purpose. Medicaid
15 quality improvement program payments do not count against the 1115
16 demonstration waiver spending limits and are excluded from the
17 waiver's budget neutrality calculation. The authority may provide
18 medicaid quality improvement program payments to apple health managed
19 care organizations and their partnering providers as they meet
20 designated milestones. Partnering providers and apple health managed
21 care organizations must work together to achieve medicaid quality
22 improvement program goals according to the performance period
23 timelines and reporting deadlines as set forth by the authority. The
24 authority may only use the medicaid quality improvement program to
25 support initiatives 1, 2, and 3 as described in the 1115
26 demonstration waiver and may not pursue its use for other purposes.
27 Any programs created or funded by the medicaid quality improvement
28 program do not constitute an entitlement for clients or providers.
29 The authority shall not supplement the amounts provided in this
30 subsection with any general fund—state, general fund—federal, or
31 general fund—local moneys appropriated in this section or any moneys
32 that may be transferred pursuant to subsection (1) of this section.
33 The director shall report to the joint select committee on health
34 care oversight not less than quarterly on financial and health
35 outcomes. The director shall report to the fiscal committees of the
36 legislature all expenditures under this subsection and shall provide
37 such fiscal data in the time, manner, and form requested by the
38 legislative fiscal committees.
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1     (c) In collaboration with the accountable communities of health,
2 the authority will submit a report to the governor and the joint
3 select committee on health care oversight describing how each of the
4 accountable community of health's work aligns with the community
5 needs assessment no later than December 1, 2026.
6     (d) Performance measures and payments for accountable communities
7 of health shall reflect accountability measures that demonstrate
8 progress toward transparent, measurable, and meaningful goals that
9 have an impact on improved population health and improved health
10 outcomes, including a path to financial sustainability. While these
11 goals   may  have   variation   to   account  for   unique   community
12 demographics, measures should be standardized when possible.
13     (3) $146,275,000 of the general fund—federal appropriation and
14 $146,290,000 of the general fund—local appropriation are provided
15 solely for long-term support services as described in initiative 2 of
16 the 1115 demonstration waiver as well as administrative expenses for
17 initiative 3 and this is the maximum amount that may be expended for
18 this purpose. The authority shall contract with and provide funding
19 to the department of social and health services to administer
20 initiative 2. The director in cooperation with the secretary of the
21 department of social and health services shall report to the office
22 of financial management all of the expenditures of this section and
23 shall provide such fiscal data in the time, manner, and form
24 requested. The authority shall not supplement the amounts provided in
25 this subsection with any general fund—state moneys appropriated in
26 this section or any moneys that may be transferred pursuant to
27 subsection (1) of this section.
28     (4)(a) $131,704,000 of the general fund—federal appropriation and
29 $58,916,000 of the general fund—local appropriation are provided
30 solely for supported housing and employment services described in
31 initiative 3a and 3b of the 1115 demonstration waiver and this is the
32 maximum amount that may be expended for this purpose. Under this
33 initiative, the authority and the department of social and health
34 services shall ensure that allowable and necessary services are
35 provided to eligible clients as identified by the department or its
36 third-party administrator. The authority and the department, in
37 consultation with the medical assistance expenditure forecast work
38 group, shall ensure that reasonable reimbursements are established
39 for services deemed necessary within an identified limit per
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1 individual. The authority shall not supplement the amounts provided
2 in this subsection with any general fund—state moneys appropriated in
3 this section or any moneys that may be transferred pursuant to
4 subsection (1) of this section. The director shall report to the
5 joint select committee on health care oversight no less than
6 quarterly on financial and health outcomes. The director shall also
7 report to the fiscal committees of the legislature all of the
8 expenditures of this subsection and shall provide such fiscal data in
9 the time, manner, and form requested by the legislative fiscal
10 committees.
11    (b) $62,475,000 of the general fund—federal appropriation and
12 $44,275,000     of    the   general   fund—local
  appropriation are provided
13 solely for additional housing supports described in the 1115
14 demonstration waiver and this is the maximum amount that may be
15 expended for this purpose. The authority shall not supplement the
16 amounts provided in this subsection with any general fund—state
17 moneys appropriated in this section or any moneys that may be
18 transferred pursuant to subsection (1) of this section. The director
19 shall report to the joint select committee on health care oversight
20 no less than quarterly on financial and health outcomes. The director
21 shall also report to the fiscal committees of the legislature all of
22 the expenditures of this subsection and shall provide such fiscal
23 data in the time, manner, and form requested by the legislative
24 fiscal committees.
25     (c) The director shall report to the joint select committee on
26 health care oversight no less than quarterly on utilization and
27 caseload statistics for both supportive housing and employment
28 services and its progress toward increasing uptake and availability
29 for these services.
30     (5)(a) $1,000,000 of the general fund—state appropriation for
31 fiscal   year        2026   and   $1,000,000    of   the   general    fund—state
32 appropriation for fiscal year 2027 are provided solely for supported
33 employment services and $1,000,000 of the general fund—state
34 appropriation for fiscal year 2026 and $1,000,000 of the general fund
35 —state appropriation for fiscal year 2027 are provided solely for
36 supported housing services, similar to the services described in
37 initiatives 3a and 3b of the 1115 demonstration waiver to individuals
38 who are ineligible for medicaid. Under these initiatives, the
39 authority and the department of social and health services shall
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1  ensure that allowable and necessary services are provided to eligible
2  clients   as   identified by   the   authority  or   its  third-party
3  administrator.    Before  authorizing   services,   eligibility   for
4  initiative 3a or 3b of the 1115 demonstration waiver must first be
5  determined.
6      (b) The director shall report to the fiscal committees of the
7  legislature no less than quarterly on expenditures and utilization
8  data for both supportive housing and employment services under this
9  subsection.
10(6)(a) $4,534,000 of the general fund—state appropriation for
11 fiscal year 2026, $6,370,000 of the general fund—state appropriation
12 for   fiscal   year   2027,   $157,866,000   of   the   general   fund—federal
13 appropriation, and $91,178,000 of the general fund—private/local
14 appropriation are provided solely for prerelease services including,
15 but not limited to, case management, clinical consultations,
16 medication assisted therapy, community health worker services, 30-day
17 supply of medications, durable medical equipment, medications,
18 laboratory services, and radiology services.
19     (b) The authority shall coordinate with the department of
20 corrections for prison reentry implementation pursuant to the waiver
21 terms. The authority will coordinate with tribes, other state
22 agencies, and jail administrations as necessary to achieve the terms
23 of the section 1115 medicaid transformation waiver. The authority
24 shall use its statutory reentry advisory work group and subgroups as
25 necessary to coordinate with partners to achieve these goals.
26     (7) Sufficient amounts are appropriated in this subsection to
27 implement the medicaid expansion as defined in the social security
28 act, section 1902(a)(10)(A)(i)(VIII).
29     (8) The legislature finds that medicaid payment rates, as
30 calculated   by   the   health  care   authority pursuant to   the
31 appropriations in this act, bear a reasonable relationship to the
32 costs incurred by efficiently and economically operated facilities
33 for providing quality services and will be sufficient to enlist
34 enough providers so that care and services are available to the
35 extent that such care and services are available to the general
36 population in the geographic area. The legislature finds that the
37 cost reports, payment data from the federal government, historical
38 utilization, economic data, and clinical input constitute reliable
39 data upon which to determine the payment rates.
  p. 157  ESSB 5167.SL
1     (9)   Based  on   quarterly  expenditure reports   and  caseload
2 forecasts, if the health care authority estimates that expenditures
3 for the medical assistance program will exceed the appropriations,
4 the health care authority shall take steps including but not limited
5 to reduction of rates or elimination of optional services to reduce
6 expenditures so that total program costs do not exceed the annual
7 appropriation authority.
8     (10) In determining financial eligibility for medicaid-funded
9 services, the health care authority is authorized to disregard
10 recoveries by Holocaust survivors of insurance proceeds or other
11 assets, as defined in RCW 48.104.030.
12     (11) The legislature affirms that it is in the state's interest
13 for Harborview medical center to remain an economically viable
14 component of the state's health care system.
15     (12) When a person is ineligible for medicaid solely by reason of
16 residence in an institution for mental diseases, the health care
17 authority shall provide the person with the same benefits as he or
18 she would receive if eligible for medicaid, using state-only funds to
19 the extent necessary.
20    (13)   $4,261,000   of   the   general   fund—state   appropriation   for
21 fiscal year 2026, $4,261,000 of the general fund—state appropriation
22 for fiscal year 2027, and $8,522,000 of the general fund—federal
23 appropriation are provided solely for low-income disproportionate
24 share hospital payments.
25     (14) Within the amounts appropriated in this section, the health
26 care authority shall provide disproportionate share hospital payments
27 to hospitals that provide services to children in the children's
28 health program who are not eligible for services under Title XIX or
29 XXI of the federal social security act due to their citizenship
30 status.
31     (15) $7,000,000 of the general fund—federal appropriation is
32 provided solely for supplemental payments to nursing homes operated
33 by public hospital districts. The public hospital district shall be
34 responsible for providing the required nonfederal match for the
35 supplemental payment, and the payments shall not exceed the maximum
36 allowable under federal rules. It is the legislature's intent that
37 the payments shall be supplemental to and shall not in any way offset
38 or reduce the payments calculated and provided in accordance with
39 part E of chapter 74.46 RCW. It is the legislature's further intent
  p. 158  ESSB 5167.SL
1 that costs otherwise allowable for rate-setting and settlement
2 against payments under chapter 74.46 RCW shall not be disallowed
3 solely because such costs have been paid by revenues retained by the
4 nursing home from these supplemental payments. The supplemental
5 payments are subject to retrospective interim and final cost
6 settlements based on the nursing homes' as-filed and final medicare
7 cost reports. The timing of the interim and final cost settlements
8 shall be at the health care authority's discretion. During either the
9 interim cost settlement or the final cost settlement, the health care
10 authority shall recoup from the public hospital districts the
11 supplemental payments that exceed the medicaid cost limit and/or the
12 medicare upper payment limit. The health care authority shall apply
13 federal rules for identifying the eligible incurred medicaid costs
14 and the medicare upper payment limit.
15     (16) The health care authority shall continue the inpatient
16 hospital certified public expenditures program for the 2025-2027
17 fiscal biennium. The program shall apply to all public hospitals,
18 including those owned or operated by the state, except those
19 classified as critical access hospitals or state psychiatric
20 institutions. The health care authority shall submit reports to the
21 governor and legislature by November 1st of each fiscal year that
22 evaluate whether savings continue to exceed costs for this program.
23 If the certified public expenditures (CPE) program in its current
24 form is no longer cost-effective to maintain, the health care
25 authority shall submit a report to the governor and legislature
26 detailing cost-effective alternative uses of local, state, and
27 federal resources as a replacement for this program. During fiscal
28 year 2026 and fiscal year 2027, hospitals in the program shall be
29 paid and shall retain 100 percent of the federal portion of the
30 allowable hospital cost for each medicaid inpatient fee-for-service
31 claim payable by medical assistance and 100 percent of the federal
32 portion of the maximum disproportionate share hospital payment
33 allowable under federal regulations. For the purpose of determining
34 the amount of any state grant under this subsection, payments will
35 include the federal portion of medicaid program supplemental payments
36 received by the hospitals. Inpatient medicaid payments shall be
37 established using an allowable methodology that approximates the cost
38 of claims submitted by the hospitals. Payments made to each hospital
39 in the program in each fiscal year of the biennium shall be compared
40 to a baseline amount. The baseline amount will be determined by the
  p. 159  ESSB 5167.SL
1 total of (a) the inpatient claim payment amounts that would have been
2 paid during the fiscal year had the hospital not been in the CPE
3 program based on the reimbursement rates developed, implemented, and
4 consistent with policies approved in the 2025-2027 biennial operating
5 appropriations act and in effect on July 1, 2015, (b) one-half of the
6 indigent assistance disproportionate share hospital payment amounts
7 paid to and retained by each hospital during fiscal year 2005, and
8 (c) all of the other disproportionate share hospital payment amounts
9 paid to and retained by each hospital during fiscal year 2005 to the
10 extent the same disproportionate share hospital programs exist in the
11 2019-2021 fiscal biennium. If payments during the fiscal year exceed
12 the hospital's baseline amount, no additional payments will be made
13 to   the   hospital  except   the   federal   portion  of   allowable
14 disproportionate share hospital payments for which the hospital can
15 certify allowable match. If payments during the fiscal year are less
16 than the baseline amount, the hospital will be paid a state grant
17 equal to the difference between payments during the fiscal year and
18 the applicable baseline amount. Payment of the state grant shall be
19 made in the applicable fiscal year and distributed in monthly
20 payments. The grants will be recalculated and redistributed as the
21 baseline is updated during the fiscal year. The grant payments are
22 subject to an interim settlement within 11 months after the end of
23 the fiscal year. A final settlement shall be performed. To the extent
24 that either settlement determines that a hospital has received funds
25 in excess of what it would have received as described in this
26 subsection, the hospital must repay the excess amounts to the state
27 when requested.
28     (17) The health care authority shall seek public-private
29 partnerships and federal funds that are or may become available to
30 provide ongoing support for outreach and education efforts under the
31 federal children's health insurance program reauthorization act of
32 2009.
33     (18) The health care authority shall target funding for maternity
34 support services towards pregnant women with factors that lead to
35 higher rates of poor birth outcomes, including hypertension, a
36 preterm or low birth weight birth in the most recent previous birth,
37 a cognitive deficit or developmental disability, substance abuse,
38 severe mental illness, unhealthy weight or failure to gain weight,
39 tobacco use, or African American or Native American race. The health
40 care authority shall prioritize evidence-based practices for delivery
  p. 160  ESSB 5167.SL
1 of maternity support services. To the extent practicable, the health
2 care authority shall develop a mechanism to increase federal funding
3 for maternity support services by leveraging local public funding for
4 those services.
5     (19) The authority shall submit a report to the governor and the
6 legislature by September 15, 2026, that delineates the number of
7 individuals in medicaid managed care, by carrier, age, gender, and
8 eligibility    category,   receiving    preventative   services   and
9 vaccinations. The report should include baseline and benchmark
10 information from the previous two fiscal years and should be
11 inclusive of, but not limited to, services recommended under the
12 United States preventative services task force, advisory committee on
13 immunization practices, early and periodic screening, diagnostic, and
14 treatment (EPSDT) guidelines, and other relevant preventative and
15 vaccination medicaid guidelines and requirements.
16     (20) Managed care contracts must incorporate accountability
17 measures that monitor patient health and improved health outcomes,
18 and shall include an expectation that each patient receive a wellness
19 examination that documents the baseline health status and allows for
20 monitoring of health improvements and outcome measures.
21     (21) Sufficient amounts are appropriated in this section for the
22 authority to provide an adult dental benefit.
23     (22) The health care authority shall coordinate with the
24 department of social and health services to provide referrals to the
25 Washington health benefit exchange for clients that will be
26 ineligible for medicaid.
27     (23) To facilitate a single point of entry across public and
28 medical assistance programs, and to maximize the use of federal
29 funding, the health care authority, the department of social and
30 health services, and the health benefit exchange will coordinate
31 efforts to expand HealthPlanfinder access to public assistance and
32 medical eligibility staff. The health care authority shall complete
33 medicaid   applications  in   the   HealthPlanfinder   for households
34 receiving or applying for medical assistance benefits.
35    (24) $90,000 of the general fund—state appropriation for fiscal
36 year 2026, $90,000 of the general fund—state appropriation for fiscal
37 year 2027, and $180,000 of the general fund—federal appropriation are
38 provided solely to continue operation by a nonprofit organization of
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1 a toll-free hotline that assists families to learn about and enroll
2 in the apple health for kids program.
3     (25) Within the amounts appropriated in this section, the
4 authority shall reimburse for primary care services provided by
5 naturopathic physicians.
6     (26) Within the amounts appropriated in this section, the
7 authority shall continue to provide coverage for pregnant teens that
8 qualify under existing pregnancy medical programs, but whose
9 eligibility for pregnancy related services would otherwise end due to
10 the application of the new modified adjusted gross income eligibility
11 standard.
12     (27) Sufficient amounts are appropriated in this section to
13 remove the mental health visit limit and to provide the shingles
14 vaccine and screening, brief intervention, and referral to treatment
15 benefits that are available in the medicaid alternative benefit plan
16 in the classic medicaid benefit plan.
17     (28) The authority shall use revenue      appropriated from the
18 dedicated cannabis account for contracts      with community health
19 centers under RCW 69.50.540 in lieu of general fund—state payments to
20 community health centers for services provided to medical assistance
21 clients, and it is the intent of the legislature that this policy
22 will be continued in subsequent fiscal biennia.
23     (29) For any service eligible under the medicaid state plan for
24 encounter payments, managed care organizations at the request of a
25 rural health clinic shall pay the full published encounter rate
26 directly to the clinic. At no time will a managed care organization
27 be at risk for or have any right to the supplemental portion of the
28 claim. Payments will be reconciled on at least an annual basis
29 between the managed care organization and the authority, with final
30 review and approval by the authority.
31     (30) Sufficient amounts are appropriated in this section for the
32 authority to provide a medicaid equivalent adult dental benefit to
33 clients enrolled in the medical care service program.
34     (31) Sufficient amounts are provided in this section for the
35 authority to provide services identical to those services covered by
36 the Washington state family planning waiver program as of August 2018
37 to individuals who:
38     (a) Are 19 years of age;
39     (b) Are at or below 260 percent of the federal poverty level as
40 established in WAC 182-505-0100;
  p. 162  ESSB 5167.SL
1     (c) Are not covered by other public or private insurance; and
2     (d) Need family planning services and are not currently covered
3 by or eligible for another medical assistance program for family
4 planning.
5     (32) The authority shall ensure that appropriate resources are
6 dedicated to implementing the recommendations of the centers for
7 medicare and medicaid services center for program integrity as
8 provided to the authority in the January 2019 Washington focused
9 program integrity review final report. Additionally, the authority
10 shall:
11     (a) Work to ensure the efficient operations of the managed care
12 plans, including but not limited to, a deconflicting process for
13 audits with and among the managed care plans and the medicaid fraud
14 division at the attorney general's office, to ensure the authority
15 staff perform central audits of cases that appear across multiple
16 managed care plans, versus the audits performed by the individual
17 managed care plans or the fraud division;
18     (b) Remain accountable for operating in an effective and
19 efficient manner, including performing program integrity activities
20 that ensure high value in the medical assistance program in general
21 and in medicaid managed care specifically;
22     (c) Work with its contracted actuary and the medical assistance
23 expenditure forecast work group to develop methods and metrics
24 related to managed care program integrity activity that shall be
25 incorporated into annual rate setting; and
26     (d) Work with the medical assistance expenditure forecast work
27 group to ensure the results of program integrity activity are
28 incorporated into the rate setting process in a transparent, timely,
29 measurable, quantifiable manner.
30     (33)(a) The authority shall not enter into any future value-based
31 arrangements with federally qualified health centers or rural health
32 clinics prior to receiving approval from the office of financial
33 management and the appropriate committees of the legislature.
34     (b) The authority shall not modify the reconciliation process
35 with federally qualified health centers or rural health clinics
36 without notification to and the opportunity to comment from the
37 office of financial management.
38     (c) The authority shall require all managed care organizations to
39 provide information to the authority to account for all payments to
40 rural health clinics and federally qualified health centers to
  p. 163  ESSB 5167.SL
1 include how payments are made, including any additional payments and
2 whether there is a sub-capitation arrangement or value-based
3 purchasing arrangement.
4     (d) For each fiscal year, the authority shall reconcile on an
5 annual basis with rural health clinics and federally qualified health
6 centers.
7     (e) For each fiscal year, the authority shall properly accrue for
8 any anticipated reconciliations with rural health clinics and
9 federally qualified health centers during the fiscal year close
10 process following generally accepted accounting practices.
11     (34) Within the amounts appropriated in this section, the
12 authority is to include allergen control bed and pillow covers as
13 part of the durable medical equipment benefit for children with an
14 asthma diagnosis enrolled in medical assistance programs.
15     (35)(a) Sufficient funds are provided in this section for the
16 authority for the reimbursement of services provided by doulas for
17 apple health clients.
18     (b) The authority shall continue to collaborate with an external
19 organization for participatory and equity-focused engagement with
20 doulas and doula partners across the state of Washington. This
21 organization must work in collaboration with community partners who
22 advance equitable access to improve perinatal outcomes and care
23 through holistic services for multiracial communities.
24     (c)   The   external   organization  will   be   responsible  for
25 implementing a statewide doula hub and referral system consistent
26 with the recommendations for the design of a statewide doula hub and
27 referral system report done in partnership with the authority.
28     (d) The authority and the external organization will continue to
29 collaborate on how to:
30     (i) Provide statewide professional and workforce development and
31 sustainability support for birth doulas;
32     (ii) Increase statewide access to doula services for apple health
33 birthing people;
34     (iii) Assist doulas with department of health credentialing
35 requirements;
36     (iv) Assist doulas with the medicaid provider enrollment process
37 including, but not limited to, support with:
38     (A) Provider enrollment with the authority;
39     (B) Contracting with medicaid managed care organizations;
40     (C) Provider billing and claims submission processes;
  p. 164  ESSB 5167.SL
1     (D) Provider payment requirements; and
2     (E) Eligibility within ProviderOne; and
3     (v) Establish communications with birthing people, families,
4 birth workers, and health care providers who are seeking to connect
5 with state-certified and medicaid-enrolled birth doulas through a
6 statewide directory or referral system.
7     (36) Sufficient funds are provided in this section for the
8 authority to extend continuous eligibility for apple health to
9 children ages zero to six with income at or below 215 percent of the
10 federal poverty level. The centers for medicare and medicaid services
11 must approve the 1115 medicaid waiver prior to the implementation of
12 this policy.
13     (37) Sufficient funds are provided to continue reimbursing dental
14 health aid therapists for services performed in tribal facilities for
15 medicaid clients. The authority must leverage any federal funding
16 that may become available as a result of appeal decisions from the
17 centers for medicare and medicaid services or the United States court
18 of appeals for the ninth circuit.
19    (38) $500,000 of the general fund—state appropriation for fiscal
20 year 2026 and $500,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for the perinatal support warm
22 line to provide peer support, resources, and referrals to new and
23 expectant parents and people in the emotional transition to
24 parenthood experiencing, or at risk of, postpartum depression or
25 other mental health issues.
26     (39) Sufficient funding is provided to remove the asset test from
27 the medicare savings program review process.
28     (40) Sufficient funding is provided to eliminate the mid-
29 certification review process for the aged, blind, or disabled and
30 housing and essential needs referral programs.
31    (41)   $2,545,000   of   the   general   fund—state   appropriation   for
32 fiscal year 2026, $2,545,000 of the general fund—state appropriation
33 for fiscal year 2027, and $9,280,000 of the general fund—federal
34 appropriation are provided solely for reimbursement for community
35 health worker services.
36     (42) Sufficient amounts are appropriated in this section for the
37 authority to provide coverage for all federal food and drug
38 administration-approved   HIV   antiviral    drugs   without   prior
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1 authorization. This coverage must be provided to apple health clients
2 enrolled in both fee-for-service and managed care programs.
3     (43) Sufficient funds are provided in this section to maintain
4 access for primary care services for medicaid-enrolled patients
5 through increased provider rates.
6     (44) Sufficient funds are provided in this section for work
7 required of the authority as specified in RCW 41.05.840.
8     (45)(a) Sufficient funds are provided in this section for an
9 outpatient directed payment program.
10     (b) The authority shall:
11     (i) Maintain the program to support the state's access and other
12 quality of care goals and to not increase general fund—state
13 expenditures;
14     (ii) Direct managed care organizations to make payments to
15 eligible providers at levels required to ensure enrollees have timely
16 access to critical high-quality care as allowed under 42 C.F.R.
17 438.6(c); and
18     (iii) Increase medicaid payments for hospital outpatient services
19 provided by UW Medicine hospitals and, at their option, UW Medicine
20 affiliated hospitals to the average payment received from commercial
21 payers.
22     (c) Any incremental costs incurred by the authority in the
23 development, implementation, and maintenance of this program shall be
24 the responsibility of the participating hospitals.
25     (d) Participating hospitals shall retain the full amount of
26 payments provided under this program.
27     (46)(a) Sufficient funds are provided in this section for an
28 inpatient directed payment program.
29    (b) The authority shall:
30    (i) Design the program to support the state's access and other
31 quality of care goals and to not increase general fund—state
32 expenditures;
33     (ii) Upon approval, direct managed care organizations to make
34 payments to eligible providers at levels required to ensure enrollees
35 have timely access to critical high-quality care as allowed under 42
36 C.F.R. 438.6(c); and
37     (iii) Increase medicaid payments for hospital inpatient services
38 provided by UW Medicine and, at their option, UW Medicine affiliated
39 hospitals to the average payment received from commercial payers.
  p. 166  ESSB 5167.SL
1     (c) Any incremental costs incurred by the authority in the
2 development, implementation, and maintenance of this program shall be
3 the responsibility of the participating hospitals.
4     (d) Participating hospitals shall retain the full amount of
5 payments provided under this program.
6     (e) Participating hospitals will provide the local funds to fund
7 the required nonfederal contribution.
8     (f) This program shall be effective as soon as administratively
9 possible.
10     (47) Within the amounts appropriated in this section, the
11 authority shall maintain and increase access for family planning
12 services for patients seeking services through department of health
13 sexual and reproductive health program family planning providers
14 based on the rates in effect as of July 1, 2022.
15    (48)(a) $11,838,000 of the general fund—federal appropriation and
16 $11,838,000 of the general fund—private/local appropriation are
17 provided solely for the authority, in consultation with the health
18 and    human    services  enterprise    coalition,   community-based
19 organizations, health plans, accountable communities of health, and
20 safety net providers, shall determine the cost and implementation
21 impacts of a statewide community information exchange (CIE). A CIE
22 platform must serve as a tool for addressing the social determinants
23 of health, defined as nonclinical community and social factors such
24 as housing, food security, transportation, financial strain, and
25 interpersonal safety, that affect health, functioning, and quality-
26 of-life outcomes.
27     (b) Prior to issuing a request for proposals or beginning this
28 project, the authority must work with stakeholders in (a) of this
29 subsection to determine which platforms already exist within the
30 Washington public and private health care system to determine
31 interoperability needs and fiscal impacts to both the state and
32 impacted providers and organizations that will be using a single
33 statewide community information exchange platform.
34     (c) The authority shall provide the office of financial
35 management and fiscal committees of the legislature a proposal to
36 leverage medicaid enterprise financing or other federal funds prior
37 to beginning this project and shall not expend funds under a 1115
38 waiver or any other waiver without legislative authorization.
39     (d) Sufficient funds are provided in this section for the
40 authority to implement the community information exchange program.
  p. 167  ESSB 5167.SL
1 The technology solution chosen by the health care authority should be
2 capable of interoperating with other state funded systems in
3 Washington and should be able to electronically refer individuals to
4 services using a closed-loop referral process. Funding for the
5 community information exchange program is subject to the conditions,
6 limitations, and review requirements of section 701 of this act.
7     (49) Sufficient funds in this section are provided for staff
8 dedicated to data review, analysis, and management, and policy
9 analysis in support of the health care cost transparency board as
10 described in chapter 70.390 RCW.
11     (50)(a) $1,610,000 of the statewide 988 behavioral health crisis
12 response   line   account—state   appropriation   and   $1,572,000   of   the
13 general fund—federal appropriation are provided solely for the
14 planning phase of the 988 technology platform implementation project.
15     (b) The authority must actively collaborate with Washington
16 technology solutions and the department of health so that the
17 statewide    988   technology    solutions   will    be   coordinated   and
18 interoperable.
19     (c) By October 1, 2025, the authority must provide an update to
20 legislative fiscal committees with the following details:
21     (i)   An    identified   technology    solution,    with   a  list   of
22 functionalities     and  the    statutory    requirement     met  by   each
23 functionality;
24     (ii) Software, processes, and methods currently used by call
25 centers and designated 988 contact hubs that the proposed technology
26 platform would replace;
27     (iii) The number of call centers and designated 988 contact hubs
28 planning to transition all work processes to the proposed technology
29 platform; and
30     (iv) Identified risks and changes to the schedule and scope of
31 the project.
32     (d) The amounts in (a) of this subsection are subject to the
33 conditions, limitations, and review requirements provided in section
34 701 of this act.
35     (51) $1,034,000 of the general fund—federal appropriation is
36 provided solely for the department of health's statewide 988
37 technology solution and is subject to the conditions, limitations,
38 and review requirements of section 701 of this act. The state match
39 is appropriated to the department of health, see section 226(21) of
  p. 168  ESSB 5167.SL
1  this act, and the authority must use the same program index as the
2  department of health and the appropriation index assigned to the
3  authority for this proviso when allotting and recording expenditures.
4  This federal funding must be reflected in the department of health's
5  technology budget, which will show both the federal funding from the
6  authority and the state funding from the department of health.
7    (52)(a) $71,376,000 of the general fund—state appropriation for
8 fiscal year 2026 and $70,976,000 of the general fund—state
9 appropriation for fiscal year 2027 are provided solely for the
10 authority to implement a program with coverage comparable to the
11 amount, duration, and scope of care provided in the categorically
12 needy medicaid program for adult individuals who:
13     (i) Have an immigration status making them ineligible for federal
14 medicaid or federal subsidies through the health benefit exchange;
15     (ii) Are age 19 and older, including over age 65, and have
16 countable income of up to 138 percent of the federal poverty level;
17 and
18     (iii) Are not eligible for another full scope federally funded
19 medical assistance program, including any expansion of medicaid
20 coverage for deferred action for childhood arrivals recipients.
21     (b) Within the amounts provided in this subsection, the authority
22 shall use the same eligibility, enrollment, redetermination and
23 renewal, and appeals procedures as categorically needy medicaid,
24 except where flexibility is necessary to maintain privacy or minimize
25 burden to applicants or enrollees.
26     (c) The authority in collaboration with the health benefit
27 exchange, the department of social and health services, and community
28 organizations must develop and implement an outreach and education
29 campaign.
30     (d) The authority must provide the following information to the
31 governor's office and appropriate committees of the legislature by
32 February 1st and November 1st of each year:
33     (i) Actual and forecasted expenditures;
34     (ii) Actual and forecasted data from the caseload forecast
35 council; and
36     (iii) The availability and impact of any federal program or
37 proposed rule that expands access to health care for the population
38 described in this subsection, such as the expansion of medicaid
39 coverage for deferred action for childhood arrivals recipients.
  p. 169  ESSB 5167.SL
1     (e) The amount provided in this subsection is the maximum amount
2 allowable for the purposes of this program.
3     (53) Within the amounts appropriated in this section, the
4 authority   shall   make   administrative   and system  changes   in
5 anticipation of receiving federal authority to provide continuous
6 eligibility for children ages zero to six covered though the apple
7 health children's health insurance program. The centers for medicare
8 and medicaid services must approve the section 1115 medicaid waiver
9 prior to the implementation of this policy.
10    (54) $300,000 of the general fund—state appropriation for fiscal
11 year 2026 and $300,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for the Bree collaborative to
13 support collaborative learning and targeted technical assistance for
14 quality improvement initiatives.
15     (55)(a) The authority shall collaborate with the University of
16 Washington on a supplemental payment program for the family medicine
17 residency network as a supplement to the family medical education
18 funding with additional federal funding.
19     (b) The authority shall provide a recommendation and report to
20 the governor's office and fiscal committees of the legislature no
21 later than September 30, 2025. The recommendation shall include how
22 the supplemental payment program can improve the following:
23     (i) Fiscal support for graduate medical education training;
24     (ii) Access to quality health care services;
25     (iii) The state's ability to ensure that medicaid graduate
26 medical education funding supports the state's workforce development
27 goals; and
28     (iv) Health care access for underserved populations and regions.
29    (56) $165,000 of the general fund—state appropriation for fiscal
30 year 2026 and $165,000 of the general fund—federal appropriation are
31 provided solely for the authority, in consultation with tribes, as
32 required under 42 C.F.R. Sec. 431.408(b), to apply for a section 1115
33 waiver no later than December 31, 2025, to provide coverage of
34 traditional health care practices.
35    (57)   $7,407,000   of   the   general   fund—state   appropriation   for
36 fiscal year 2026, $7,628,000 of the general fund—state appropriation
37 for fiscal year 2027, and $26,468,000 of the general fund—federal
38 appropriation are provided solely for the authority to continue the
39 health homes program from January 1, 2026, through December 31, 2026.
  p. 170  ESSB 5167.SL
1      (58)(a) $25,158,000 of the general fund—state appropriation for
2 fiscal year 2026 and $101,647,000 of the general fund—federal
3 appropriation are provided solely for the statewide electronic health
4 records solution and is subject to the conditions, limitations, and
5 review requirements of section 701 of this act.
6     (b) The statewide electronic health records solution must use an
7 agile development model holding live demonstrations of functioning
8 software, developed using incremental user research, held at the end
9 of two-week sprints.
10     (c) The statewide electronic health records solution must be
11 capable of being continually updated, as necessary.
12     (d) The authority must ensure the development of the statewide
13 electronic health records solution includes consideration of national
14 interoperability standards, such as United States core data for
15 interoperability   or   the   trusted   exchange   framework   and   common
16 agreement.
17     (e) The authority must work collaboratively with the department
18 of corrections agency project team, the department of social and
19 health services agency project team, and the health care authority
20 agency project team who are the state agencies included in the
21 statewide electronic health records solution project and, as a team,
22 must work to successfully meet budget, scope, and schedule for this
23 project.
24     (f) Beginning July 1, 2025, the authority shall provide written
25 quarterly reports, within 30 calendar days of the end of each fiscal
26 quarter, to legislative fiscal committees to include how funding was
27 spent compared to the budget spending plan for the prior quarter by
28 fiscal month and what the ensuing quarter budget will be by fiscal
29 month. The written report must also include detail summarized for the
30 entire statewide electronic health records solution, and also
31 delineated by each separate component technology budget, which are:
32 Enterprise foundational system, department of corrections, department
33 of social and health services, and the health care authority. The
34 written report must also include:
35     (i) A list of quantifiable deliverables scheduled for that
36 quarter, including those accomplished and the amount spent associated
37 with each deliverable, by fiscal month and fund source;
38     (ii) The contract full-time equivalent charged compared to the
39 budget spending plan by month for each contracted vendor, to include
40 interagency agreements with other state agencies, and what the next
  p. 171  ESSB 5167.SL
1  contract equivalent budget spending plan assumes by fiscal month and
2  fund source;
3      (iii) The budget spending plan compared to actual spending by
4  fiscal month and fund source, and the projected spending plan by
5  fiscal month and fund source for the next quarter; and
6      (iv) An accounting of any deliverables that were changed in the
7  last quarter, and any plans to change future deliverables, to include
8  what the deliverable was, what the new deliverable is, why it was or
9  will be missed, and what the revised deliverable date is.
10    (59)(a)   $379,000   of   the   general   fund—state   appropriation   for
11 fiscal year 2026 and $1,258,000 of the general fund—federal
12 appropriation are provided solely for the statewide electronic health
13 records solution and is subject to the conditions, limitations, and
14 review requirements of section 701 of this act.
15     (b) The statewide electronic health records solution must use an
16 agile development model holding live demonstrations of functioning
17 software, developed using incremental user research, held at the end
18 of two-week sprints.
19     (c) The statewide electronic health records solution must be
20 capable of being continually updated, as necessary.
21     (d)(i) The authority must collaborate with the department of
22 corrections and the department of social and health services and, as
23 a team, must work to successfully meet budget, scope, and schedule
24 for the statewide electronic health records solution.
25     (ii) Beginning July 1, 2025, the health care authority agency
26 project team shall provide necessary updates to the health care
27 authority foundational project team for the statewide electronic
28 health records solution within 15 calendar days of the end of each
29 fiscal quarter.
30     (iii) The information provided to the authority shall include how
31 funding was spent compared to the budget spending plan for the prior
32 quarter by fiscal month and what the next quarter budget will be by
33 fiscal month.
34     (iv) The requirements of the quarterly report are listed in
35 subsection (58) of this section.
36     (60) $927,000 of the general fund—federal appropriation is
37 provided solely for the department of corrections' statewide
38 electronic health records solution and is subject to the conditions,
39 limitations, and review requirements of section 701 of this act. The
  p. 172  ESSB 5167.SL
1 state match is appropriated to the department of corrections, see
2 section 230(7)(h) of this act, and the authority must use the same
3 program index as the department of corrections and the appropriation
4 index assigned to the authority for this proviso when allotting and
5 recording expenditures. This federal funding must be reflected in the
6 department of corrections' technology budget, which will show both
7 the federal funding from the authority and the state funding from the
8 department of corrections.
9(61) $330,000 of the general fund—state appropriation for fiscal
10 year    2026,     $330,000   of    the   general    fund—state    appropriation   for
11 fiscal     year     2027,    and    $786,000       of   the   general   fund—federal
12 appropriation are provided solely to comply with federal eligibility
13 rule changes required by the centers for medicare and medicaid
14 services and funding is subject to the conditions, limitations, and
15 review requirements of section 701 of this act.
16     (62) $100,000 of the general fund—state appropriation for fiscal
17 year 2026 is provided solely for the authority to continue a public-
18 private partnership with a state-based oral health foundation to
19 connect medicaid patients to dental services and reduce barriers to
20 accessing care.
21(63)(a)    $50,000    of    the   general    fund—state    appropriation   for
22 fiscal   year  2026  and   $50,000  of   the  general   fund—federal
23 appropriation are provided solely for the authority, no later than
24 October 1, 2025, to convene negotiations with representatives of
25 primary care providers to develop budget-neutral, value-based
26 prospective payment methodologies for primary care services provided
27 to apple health enrollees, with the goal of entering into
28 arrangements appropriate to each primary care delivery system no
29 later than calendar year 2027. The authority shall prioritize the
30 development   of   methodologies   that  grow  capacity  to   provide
31 comprehensive, whole person care. This includes, but is not limited
32 to, promoting workforce stability, team-based delivery models,
33 accountability   for   quality   outcomes,  equity-based  care,   and
34 improvements in population health.
35     (b) The authority shall, at a minimum, convene negotiations with
36 representatives of the statewide associations representing the
37 following categories of providers to develop budget-neutral payment
38 methodologies that maximize access and quality for medicaid patients
  p. 173  ESSB 5167.SL
1 and are appropriate to their respective primary  care   delivery
2 systems:
3     (i) Family physicians;
4     (ii) Pediatricians; and
5     (iii) Federally qualified health centers.
6     (64) $48,000 of the general fund—state appropriation for fiscal
7 year 2027 and $43,000 of the general fund—federal appropriation are
8 provided solely for implementation of Substitute Senate Bill No. 5124
9 (SNF & rehab network adequacy). If the bill is not enacted by June
10 30, 2025, the amounts provided in this subsection shall lapse.
11     (65)   $1,724,000   of   the   general   fund—state   appropriation   for
12 fiscal year 2026, $4,345,000 of the general fund—state appropriation
13 for fiscal year 2027, and $6,068,000 of the general fund—federal
14 appropriation are provided solely for the authority in coordination
15 with the department of social and health services to develop and
16 implement a Katie Beckett section 1115 demonstration waiver. The
17 authority shall limit enrollment to 1,000 clients during the waiver
18 period. Based upon the experience developed during the waiver period,
19 the authority shall make recommendations to the legislature for a
20 future tax equity and fiscal responsibility act state plan option.
21     (66) $200,000 of the general fund—state appropriation for fiscal
22 year 2026 is provided solely for the authority to contract with a
23 managed care organization for an enhanced case management pilot
24 program to expand resources for patients with post-acute care
25 transitions. The managed care organization must cover the largest
26 number of apple health clients in the state and implement the pilot
27 program with a hospital in Columbia county. The pilot program must
28 provide continuous support for 31 days post-discharge including, but
29 not limited to:
30     (a) Transportation;
31     (b) Transitional housing assistance;
32     (c) Rehabilitation referrals and coordination;
33     (d) Safety net program navigation and enrollment;
34     (e) Transitional primary care; and
35     (f) 24-hour clinic phone support.
36    (67) $50,000 of the general fund—state appropriation for fiscal
37 year 2026 and $50,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for implementation of Engrossed
39 Second Substitute House Bill No. 1686 (health care entity registry).
  p. 174  ESSB 5167.SL
1 If the bill is not enacted by June 30, 2025, the amounts provided in
2 this subsection shall lapse.
3     (68)(a) $300,000 of the general fund—state appropriation for
4 fiscal year 2026 is provided solely for one-time bridge grants to
5 hospitals in financial distress or at risk of limiting access to
6 labor and delivery services due to a low-volume of deliveries at the
7 hospital.
8     (b) To qualify for these grants, a hospital must:
9     (i) Be located in Washington and not be part of a system of three
10 or more hospitals;
11     (ii) Serve individuals enrolled in state and federal medical
12 assistance programs;
13     (iii) Continue to maintain a medicaid population at similar
14 utilization levels as the most current complete calendar year data;
15     (iv) Be necessary for an adequate provider network for the
16 medicaid program;
17     (v) Demonstrate a plan for long-term financial sustainability;
18 and
19     (vi) Be at risk of limiting access to labor and delivery services
20 due to:
21     (A) A low-volume of deliveries at the hospital described in
22 (c)(i) of this subsection; or
23     (B) Serving a high percentage of individuals covered by public
24 payers as described in (c)(ii) of this subsection.
25     (c) The grants must be distributed in amounts not to exceed
26 $150,000 per hospital to:
27     (i) A hospital that had fewer than 200 births funded by medicaid
28 in the hospital's labor and delivery unit in the previous calendar
29 year according to health care authority records and is located in a
30 municipality with a population between 9,000 and 12,000; and
31     (ii) A public district hospital that had fewer than 250 births
32 funded by public payers, including medicaid, tricare, and medicare,
33 in the hospital's labor and delivery unit in the previous calendar
34 year and is located on an island in Skagit county.
35    (69) $111,000 of the general fund—state appropriation for fiscal
36 year 2026, $63,385,000 of the general fund—federal appropriation, and
37 $35,000,000   of  the   medicaid   access  program   account—state
38 appropriation are provided solely for implementation of Substitute
39 House Bill No. 1392 (medicaid access program). If the bill is not
  p. 175  ESSB 5167.SL
1  enacted by June 30, 2025, the amounts provided in this subsection
2  shall lapse.
3      (70) The amounts appropriated in this section are not sufficient
4  to include coverage of prescription drugs for the treatment of
5  obesity or weight loss under state or federally funded medical
6  assistance programs. The authority shall not add coverage of
7  prescription drugs for the treatment of obesity or weight loss
8  without a specific appropriation from the legislature.
*Sec. 211 was partially vetoed. See message at end of chapter.
9     NEW SECTION.   Sec. 212.   FOR THE STATE HEALTH CARE AUTHORITY—
10 EMPLOYEE AND RETIREE BENEFITS PROGRAM
11 State Health Care Authority Administrative Account—
12     State Appropriation. . . . . . . . . . . . . . . . .  $46,618,000
13 School Employees' Insurance Administrative Account—
14     State Appropriation. . . . . . . . . . . . . . . . .  $34,500,000
15TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $81,118,000
16     The appropriations in this section are subject to the following
17 conditions and limitations:
18     (1) Any savings from reduced claims costs must be reserved for
19 funding benefits during future fiscal biennia and may not be used for
20 administrative expenses. The health care authority shall deposit any
21 moneys received on behalf of the uniform medical plan resulting from
22 rebates on prescription drugs, audits of hospitals, subrogation
23 payments, or any other moneys received as a result of prior uniform
24 medical plan claims payments, in the appropriate account to be used
25 for insurance benefits.
26     (2) Any changes to benefits must be approved by the applicable
27 program board. Neither board shall make any changes to benefits
28 without considering a comprehensive analysis of the cost of those
29 changes, and shall not increase benefits unless offsetting cost
30 reductions from other benefit revisions are sufficient to fund the
31 changes. The public employees' benefits board shall not make any
32 change in retiree eligibility criteria that reestablishes eligibility
33 for enrollment in retiree benefits.
34     (3) Each board shall collect a surcharge payment of $25 per month
35 from members who use tobacco products, and a surcharge payment of not
36 less than $50 per month from members who cover a spouse or domestic
37 partner where the spouse or domestic partner has chosen not to enroll
  p. 176  ESSB 5167.SL
1 in another employer-based group health insurance that has benefits
2 and premiums with an actuarial value of not less than 95 percent of
3 the actuarial value of the public employees' benefits board plan with
4 the largest enrollment. The surcharge payments shall be collected in
5 addition to the member premium payment.
6     NEW SECTION.   Sec. 213.  FOR THE STATE HEALTH CARE AUTHORITY—
7 HEALTH BENEFIT EXCHANGE
8 General Fund—State Appropriation (FY 2026). . . . . . . .  $8,766,000
9 General Fund—State Appropriation (FY 2027). . . . . . . .  $8,609,000
10 General Fund—Federal Appropriation. . . . . . . . . . . . $87,363,000
11 Education Legacy Trust Account—State Appropriation. . . . .  $350,000
12 Health Benefit Exchange Account—State Appropriation. . .  $86,030,000
13 State Health Care Affordability Account—State
14     Appropriation. . . . . . . . . . . . . . . . . . . .  $85,000,000
15TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $276,118,000
16     The appropriations in this section are subject to the following
17 conditions and limitations:
18     (1) The receipt and use of medicaid funds provided to the health
19 benefit exchange from the health care authority are subject to
20 compliance with state and federal regulations and policies governing
21 the Washington apple health programs, including timely and proper
22 application, eligibility, and enrollment procedures.
23     (2)(a) By July 15th, October 15th, and January 15th of each year,
24 the authority shall make a payment of 30 percent of the general fund—
25 state appropriation, 30 percent of the health benefit exchange
26 account—state       appropriation,      and   30   percent   of    the   health   care
27 affordability account—state appropriation to the exchange. By April
28 15th of each year, the authority shall make a payment of 10 percent
29 of the general fund—state appropriation, 10 percent of the health
30 benefit exchange account—state appropriation, and 10 percent of the
31 health    care    affordability      account—state       appropriation       to    the
32 exchange.
33     (b) The exchange shall monitor actual to projected revenues and
34 make necessary adjustments in expenditures or carrier assessments to
35 ensure expenditures do not exceed actual revenues.
36     (c)   Payments     made   from   general       fund—state     appropriation    and
37 health    benefit     exchange    account—state        appropriation shall be
38 available   for     expenditure   for    no   longer   than the period of the
  p. 177  ESSB 5167.SL
1  appropriation from which it was made. When the actual cost of
2  materials and services have been fully determined, and in no event
3  later than the lapsing of the appropriation, any unexpended balance
4  of the payment shall be returned to the authority for credit to the
5  fund or account from which it was made, and under no condition shall
6  expenditures exceed actual revenue.
7     (3) $75,000,000 of the state health care affordability account—
8 state appropriation is provided solely for the exchange to administer
9 a premium assistance program, as established in RCW 43.71.110. An
10 individual is eligible for the premium assistance provided if the
11 individual: (a) Has income up to 250 percent of the federal poverty
12 level; and (b) meets other eligibility criteria as established in RCW
13 43.71.110(4)(a).
14     (4)(a) $10,000,000 of the state health care affordability account
15 —state appropriation is provided solely to provide premium assistance
16 for customers ineligible for federal premium tax credits who meet the
17 eligibility criteria established in subsection (3)(a) and (b) of this
18 section, and is contingent upon continued approval of the applicable
19 waiver described in RCW 43.71.120.
20     (b) In the event the applicable waiver described in RCW 43.71.120
21 is suspended, terminated, or otherwise ended, $10,000,000 of the
22 state health care affordability account—state appropriation is
23 provided solely to:
24     (i) Implement a state program with coverage comparable to
25 individual market plans, for customers who would have been eligible
26 under the waiver; and
27     (ii) Provide state premium assistance to state program customers
28 who meet the eligibility criteria established in subsection (3) of
29 this section.
30     (c) The exchange may establish or designate a separate entity to
31 administer the state program. Administration of the state program
32 must include, but is not limited to, establishing requirements for
33 eligibility, continued participation, and carrier payments.
34     (d) Moneys collected for premiums written on qualified health
35 benefit plans and qualified dental plans offered through the state
36 program must be deposited in the state health care affordability
37 account under RCW 43.71.130, through a procedure established by the
38 exchange that aligns with the requirements of RCW 48.14.0201(5)(b),
39 48.14.020(2), and 43.71.080.
  p. 178  ESSB 5167.SL
1     (e) The exchange, and any entity involved in implementing this
2 program, is subject to RCW 43.17.425.
3      (5) $1,117,000 of the general fund—state appropriation for fiscal
4  year 2026, $1,182,000 of the general fund—state appropriation for
5 fiscal    year   2027,    $12,510,000     of   the      general    fund—federal
6 appropriation, and $809,000 of the health benefit exchange account—
7  state    appropriation   are   provided   solely   to   make   improvements   to
8 healthplanfinder to comply with federal eligibility rule changes
9 required by the centers for medicare and medicaid services and
10 funding is subject to the conditions, limitations, and review
11 requirements of section 701 of this act.
12     (6) $1,000,000 of the health benefit exchange account—state
13 appropriation for fiscal year 2027 is provided solely for the
14 exchange, in collaboration with stakeholders, to begin development
15 starting January 1, 2027, of an automated solution to ensure
16 continuous health care coverage through qualified health plans for
17 medicaid beneficiaries losing medicaid coverage through Washington
18 healthplanfinder and is subject to the conditions, limitations, and
19 review requirements of section 701 of this act.
20     *NEW SECTION.   Sec. 214.   FOR THE STATE HEALTH CARE AUTHORITY—
21 COMMUNITY BEHAVIORAL HEALTH PROGRAM
22 General Fund—State Appropriation (FY 2026). . . . . .  $1,185,242,000
23 General Fund—State Appropriation (FY 2027). . . . . .  $1,185,284,000
24 General Fund—Federal Appropriation. . . . . . . . . .  $3,320,820,000
25 General Fund—Private/Local Appropriation. . . . . . . . . $39,200,000
26 Criminal Justice Treatment Account—State
27     Appropriation. . . . . . . . . . . . . . . . . . . .  $27,541,000
28 Problem Gambling Account—State Appropriation. . . . . . .  $3,249,000
29 Dedicated Cannabis Account—State Appropriation
30     (FY 2026). . . . . . . . . . . . . . . . . . . . . .  $28,515,000
31 Dedicated Cannabis Account—State Appropriation
32     (FY 2027). . . . . . . . . . . . . . . . . . . . . .  $28,517,000
33 Opioid Abatement Settlement Account—State
34     Appropriation. . . . . . . . . . . . . . . . . . . .  $77,463,000
35 Statewide 988 Behavioral Health Crisis Response Line
36     Account—State Appropriation. . . . . . . . . . . . .  $74,034,000
37 Tribal Opioid Prevention and Treatment Account—State
38     Appropriation. . . . . . . . . . . . . . . . . . . .  $16,814,000
  p. 179  ESSB 5167.SL
1TOTAL APPROPRIATION. . . . . . . . . . . . . .     $5,986,679,000
2     The appropriations in this section are subject to the following
3 conditions and limitations:
4     (1) For the purposes of this section, "behavioral health
5 entities" means managed care organizations and behavioral health
6 administrative services organizations that reimburse providers for
7 behavioral health services.
8     (2) Within the amounts appropriated in this section, funding is
9 provided for implementation of the settlement agreement under
10 Trueblood, et al. v. Department of Social and Health Services, et
11 al., United States District Court for the Western District of
12 Washington, Cause No. 14-cv-01178-MJP. In addition to amounts
13 provided solely for implementation of the settlement agreement, class
14 members must have access to supports and services funded throughout
15 this section for which they meet eligibility and medical necessity
16 requirements. The authority must include language in contracts that
17 requires regional behavioral health entities to develop and implement
18 plans for improving access to timely and appropriate treatment for
19 individuals with behavioral health needs and current or prior
20 criminal justice involvement who are eligible for services under
21 these contracts.
22    (3)   $57,910,000   of   the   general   fund—state   appropriation   for
23 fiscal year 2026, $63,090,000 of the general fund—state appropriation
24 for fiscal year 2027, and $15,804,000 of the general fund—federal
25 appropriation are provided solely to continue the phase-in of the
26 settlement agreement under Trueblood, et al. v. Department of Social
27 and Health Services, et al., United States District Court for the
28 Western District of Washington, Cause No. 14-cv-01178-MJP. The
29 authority, in collaboration with the department of social and health
30 services and the criminal justice training commission, must implement
31 the provisions of the settlement agreement pursuant to the timeline
32 and implementation plan provided for under the settlement agreement.
33 This   includes   implementing  provisions   related  to   competency
34 evaluations, competency restoration, crisis diversion and supports,
35 education and training, and workforce development.
36    (4) $7,200,000 of the general fund—state appropriation for fiscal
37 year 2026 and $7,200,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely to continue diversion grant
39 programs funded through contempt fines pursuant to Trueblood, et al.
  p. 180  ESSB 5167.SL
1 v. Department of Social and Health Services, et al., United States
2 District Court for the Western District of Washington, Cause No. 14-
3 cv-01178-MJP. The authority must consult with the plaintiffs and
4 court monitor to determine, within the amounts provided, which of the
5 programs will continue to receive funding through this appropriation.
6 The programs shall use this funding to provide assessments, mental
7 health treatment, substance use disorder treatment, case management,
8 employment, and other social services.
9    (5)   $18,891,000    of   the   general   fund—state   appropriation   for
10 fiscal year 2026, $18,561,000 of the general fund—state appropriation
11 for fiscal year 2027, and $41,062,000 of the general fund—federal
12 appropriation are provided solely for the authority and behavioral
13 health entities to continue to contract for implementation of high-
14 intensity programs for assertive community treatment (PACT) teams. In
15 determining the proportion of medicaid and nonmedicaid funding
16 provided to behavioral health entities with PACT teams, the authority
17 shall consider the differences between behavioral health entities in
18 the percentages of services and other costs associated with the teams
19 that are not reimbursable under medicaid. The authority may allow
20 behavioral health entities which have nonmedicaid reimbursable costs
21 that are higher than the nonmedicaid allocation they receive under
22 this section to supplement these funds with local dollars or funds
23 received under subsection (7) of this section. The authority and
24 behavioral health entities shall maintain consistency with all
25 essential elements of the PACT evidence-based practice model in
26 programs funded under this section.
27    (6) $1,668,000 of the general fund—state appropriation for fiscal
28 year 2026, $1,668,000 of the general fund—state appropriation for
29 fiscal year 2027, and $3,040,000 of the general fund—federal
30 appropriation are provided solely for the authority to maintain a
31 pilot project to incorporate peer bridging staff into behavioral
32 health   regional  teams   that  provide   transitional services to
33 individuals returning to their communities.
34    (7)   $147,449,000   of   the   general   fund—state   appropriation   for
35 fiscal year 2026 and $147,449,000 of the general fund—state
36 appropriation for fiscal year 2027 are provided solely for persons
37 and services not covered by the medicaid program. To the extent
38 possible, levels of behavioral health entity spending must be
39 maintained in the following priority order: Crisis and commitment
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1 services;  community  inpatient   services;  and  residential  care
2 services, including personal care and emergency housing assistance.
3 These amounts must be distributed to behavioral health entities as
4 follows:
5     (a)   $132,924,000    of   the   general   fund—state   appropriation   for
6 fiscal    year   2026    and   $132,924,000    of   the   general    fund—state
7 appropriation for fiscal year 2027 are provided solely for the
8 authority to contract with behavioral health administrative service
9 organizations for behavioral health treatment services not covered
10 under the medicaid program. Within these amounts, behavioral health
11 administrative service organizations must continue a 15 percent rate
12 increase to providers receiving state funds for nonmedicaid services
13 under this section that was originally effective January 1, 2024.
14     (b)   $14,524,000    of    the   general   fund—state   appropriation   for
15 fiscal year 2026 and $14,525,000 of the general fund—state
16 appropriation for fiscal year 2027 are provided solely for the
17 authority to contract with medicaid managed care organizations for
18 wraparound services to medicaid enrolled individuals that are not
19 covered under the medicaid program.
20     (8) The authority is authorized to continue to contract directly,
21 rather than through contracts with behavioral health entities for
22 children's long-term inpatient facility services.
23     (9) $2,990,000 of the general fund—state appropriation for fiscal
24 year 2026 and $3,029,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely to reimburse counties for the
26 cost of conducting involuntary act judicial proceedings as follows:
27     (a) $1,025,000 of the general fund—state appropriation for fiscal
28 year 2026 and $1,025,000 of the general fund—state appropriation for
29 fiscal year 2027 are provided solely to reimburse Pierce county for
30 the cost of conducting 180-day commitment hearings at the state
31 psychiatric hospitals.
32     (b) $504,000 of the general fund—state appropriation for fiscal
33 year 2026 and $504,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely to reimburse Spokane county for
35 the cost of conducting 180-day commitment hearings at the state
36 psychiatric hospitals.
37     (c) $171,000 of the general fund—state appropriation for fiscal
38 year 2026 and $210,000 of the general fund—state appropriation for
39 fiscal year 2027 are provided solely to reimburse Thurston county for
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1  the cost of conducting 180-day commitment hearings at the Maple Lane
2  facility.
3    (d) $1,290,000 of the general fund—state appropriation for fiscal
4  year 2026 and $1,290,000 of the general fund—state appropriation for
5  fiscal year 2027 are provided solely to reimburse either King county
6  or other legal services organizations, or both, for the cost of
7 conducting   involuntary  treatment   act   commitment  hearings   at
8 facilities operating within King county. These amounts must be
9 prioritized for the cost of conducting 180-day commitment hearings at
10 state-operated facilities including facilities operated by the
11 department of social and health services and the University of
12 Washington center for behavioral health and learning. Any remaining
13 amounts may be used to reimburse either King county or other legal
14 services organizations for the cost of other involuntary treatment
15 act commitment hearings provided in other facilities within King
16 county.
17     (10) Behavioral health entities may use local funds to earn
18 additional federal medicaid match, provided the locally matched rate
19 does not exceed the upper-bound of their federally allowable rate
20 range, and provided that the enhanced funding is used only to provide
21 medicaid state plan or waiver services to medicaid clients.
22 Additionally, behavioral health entities may use a portion of the
23 state funds allocated in accordance with subsection (7) of this
24 section to earn additional medicaid match, but only to the extent
25 that the application of such funds to medicaid services does not
26 diminish the level of crisis and commitment, community inpatient,
27 residential care, and outpatient services presently available to
28 persons not eligible for medicaid.
29    (11)   $2,062,000   of   the   general   fund—state   appropriation   for
30 fiscal   year  2026   and  $2,062,000  of   the  general   fund—state
31 appropriation for fiscal year 2027 are provided solely for mental
32 health services for mentally ill offenders while confined in a county
33 or city jail and for facilitating access to programs that offer
34 mental health services upon release from confinement. The authority
35 must collect information from the behavioral health entities on their
36 plan for using these funds, the numbers of individuals served, and
37 the types of services provided.
38     (12) Within the amounts appropriated in this section, funding is
39 provided for the authority to develop and phase in intensive mental
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1 health services for high needs youth consistent with the settlement
2 agreement in T.R. v. Dreyfus and Porter.
3     (13)(a) The authority must establish minimum and maximum funding
4 levels    for   all  reserves   allowed    under   behavioral  health
5 administrative service organization contracts and include contract
6 language that clearly states the requirements and limitations. The
7 reserve levels must be informed by the types of risk carried by
8 behavioral health administrative service organizations for mandatory
9 services and also consider reasonable levels of operating reserves.
10 The authority must monitor and ensure that behavioral health
11 administrative service organization reserves do not exceed maximum
12 levels. The authority must monitor revenue and expenditure reports
13 and   must   require  a  behavioral   health   administrative service
14 organization to submit a corrective action plan on how it will spend
15 its excess reserves within a reasonable period of time, when its
16 reported reserves exceed maximum levels established under the
17 contract. The authority must review and approve such plans and
18 monitor to ensure compliance. If the authority determines that a
19 behavioral health administrative service organization has failed to
20 provide an adequate excess reserve corrective action plan or is not
21 complying with an approved plan, the authority must reduce payments
22 to the entity in accordance with remedial actions provisions included
23 in the contract. These reductions in payments must continue until the
24 authority determines that the entity has come into substantial
25 compliance with an approved excess reserve corrective action plan.
26 The authority must submit to the office of financial management and
27 the appropriate committees of the legislature, each December of the
28 biennium, the minimum and maximum reserve levels established in
29 contract for each of the behavioral health administrative service
30 organizations for the prior fiscal year and the actual reserve levels
31 reported at the end of the fiscal year.
32     (b) In contracts effective during the fiscal biennium, the
33 authority must allow behavioral health administrative services
34 organizations flexibility in utilizing reserve funding received
35 pursuant to a specific legislative proviso in a prior contract
36 period. Funding repurposed under this subsection must be used to
37 support the duties of the administrative services organization under
38 RCW 71.24.045 through programs serving individuals with severe and
39 persistent behavioral health conditions and behavioral health
40 services that promote stability and recovery within their regional
  p. 184  ESSB 5167.SL
1 service area. Repurposed funds shall prioritize the core mandated
2 functions    that   behavioral    health    administrative   services
3 organizations must provide for all residents who need the service or,
4 for residents who are not medicaid enrollees, as described in the
5 authority's model contract for behavioral health administrative
6 services organizations. A behavioral health administrative services
7 organization that wishes to repurpose reserve funding must notify the
8 authority in advance and the authority may require modification of
9 the plan if it determines that the behavioral health administrative
10 services organization has not made a good faith effort to implement
11 prior funding for the purpose for which it was originally provided.
12 The authority must capture information related to behavioral health
13 administrative services organization repurposing of funds under this
14 subsection, including identification of which specific legislative
15 provisos it repurposed funding under this subsection and for what
16 purpose those funds were used, through the revenue and expenditure
17 reporting process. These reports shall describe by how much the
18 state's appropriated funding for core mandated functions fell short
19 of need as determined by the behavioral health administrative
20 services organization. The authority must update the revenue and
21 expenditure   reporting  template   and  reporting   instructions  to
22 behavioral health administrative service organizations by September
23 1, 2025.
24     (14) Within the amounts provided in this section, behavioral
25 health entities must provide outpatient chemical dependency treatment
26 for offenders enrolled in the medicaid program who are supervised by
27 the department of corrections pursuant to a term of community
28 supervision. Contracts with behavioral health entities must require
29 that behavioral health entities include in their provider network
30 specialized expertise in the provision of manualized, evidence-based
31 chemical dependency treatment services for offenders. The department
32 of corrections and the authority must develop a memorandum of
33 understanding for department of corrections offenders on active
34 supervision who are medicaid eligible and meet medical necessity for
35 outpatient substance use disorder treatment. The agreement will
36 ensure that treatment services provided are coordinated, do not
37 result in duplication of services, and maintain access and quality of
38 care for the individuals being served. The authority must provide all
39 necessary data, access, and reports to the department of corrections
  p. 185  ESSB 5167.SL
1 for all department of corrections offenders that receive medicaid
2 paid services.
3     (15) The criminal justice treatment account—state appropriation
4 is provided solely for treatment and treatment support services for
5 offenders with a substance use disorder pursuant to RCW 71.24.580.
6 The authority must offer counties the option to administer their
7 share of the distributions provided for under RCW 71.24.580(5)(a). If
8 a county is not interested in administering the funds, the authority
9 shall contract with behavioral health entities to administer these
10 funds consistent with the plans approved by local panels pursuant to
11 RCW 71.24.580(5)(b).
12     (16)(a) $11,590,000 of the dedicated cannabis account—state
13 appropriation for fiscal year 2026 and $11,590,000 of the dedicated
14 cannabis   account—state   appropriation   for   fiscal   year   2027   are
15 provided solely for:
16     (i) A memorandum of understanding with the department of
17 children, youth, and families to provide substance abuse treatment
18 programs;
19     (ii) A contract with the Washington state institute for public
20 policy to conduct a cost-benefit evaluation of the implementations of
21 chapter 3, Laws of 2013 (Initiative Measure No. 502);
22     (iii) Designing and administering the Washington state healthy
23 youth survey and the Washington state young adult behavioral health
24 survey;
25     (iv) Maintaining increased services to pregnant and parenting
26 women provided through the parent child assistance program;
27     (v) Maintaining increased prevention and treatment service
28 provided   by  tribes   and  federally   recognized   American  Indian
29 organization to children and youth;
30     (vi) Maintaining increased residential treatment services for
31 children and youth;
32     (vii) Training and technical assistance for the implementation of
33 evidence-based, research based, and promising programs which prevent
34 or reduce substance use disorder;
35     (viii) Expenditures into the home visiting services account; and
36     (ix) Grants to community-based programs that provide prevention
37 services or activities to youth.
  p. 186  ESSB 5167.SL
1     (b) The authority must allocate the amounts provided in (a) of
2 this subsection amongst the specific activities proportionate to the
3 fiscal year 2021 allocation.
4    (17)(a) $1,125,000 of the general fund—state appropriation for
5 fiscal   year  2026 and  $1,125,000  of  the  general  fund—state
6 appropriation for fiscal year 2027 is provided solely for Spokane
7 behavioral   health  entities   to   implement  services   to  reduce
8 utilization and the census at eastern state hospital. Such services
9 must include:
10     (i) High intensity treatment team for persons who are high
11 utilizers of psychiatric inpatient services, including those with co-
12 occurring disorders and other special needs;
13     (ii) Crisis outreach and diversion services to stabilize in the
14 community individuals in crisis who are at risk of requiring
15 inpatient care or jail services;
16     (iii) Mental health services provided in nursing facilities to
17 individuals with dementia, and consultation to facility staff
18 treating those individuals; and
19     (iv) Services at the 16-bed evaluation and treatment facility.
20     (b) At least annually, the Spokane county behavioral health
21 entities shall assess the effectiveness of these services in reducing
22 utilization at eastern state hospital, identify services that are not
23 optimally effective, and modify those services to improve their
24 effectiveness.
25    (18)   $1,850,000    of   the   general    fund—state   appropriation   for
26 fiscal year 2026, $1,850,000 of the general fund—state appropriation
27 for fiscal year 2027, and $13,312,000 of the general fund—federal
28 appropriation are provided solely for substance use disorder peer
29 support services included in behavioral health capitation rates in
30 accordance with section 213(5)(ss), chapter 299, Laws of 2018. The
31 authority shall require managed care organizations to provide access
32 to peer support services for individuals with substance use disorders
33 transitioning from emergency departments, inpatient facilities, or
34 receiving treatment as part of hub and spoke networks.
35    (19)   $23,900,000   of   the   general    fund—state   appropriation   for
36 fiscal year 2026, $23,900,000 of the general fund—state appropriation
37 for fiscal year 2027, $1,000,000 of the general fund—federal
38 appropriation, and $8,100,000 of the opioid abatement settlement
39 account—state   appropriation       are      provided   solely   to   maintain
  p. 187  ESSB 5167.SL
1 activities to improve outcomes for individuals with behavioral health
2 issues interacting with law enforcement. Of these amounts:
3     (a) $850,000 of the general fund—state appropriation for fiscal
4 year    2026,     $850,000   of    the   general     fund—state      appropriation   for
5  fiscal   year        2027,  $1,000,000  of      the   general  fund—federal
6  appropriation,       and $3,600,000 of  the     opioid abatement settlement
7 account—state appropriation are provided solely for the authority to
8 maintain      a   memorandum      of   understanding    with   the    criminal   justice
9 training commission to provide funding for community grants pursuant
10 to RCW 36.28A.450.
11     (b)       $19,600,000    of    the   general     fund—state      appropriation   for
12 fiscal year 2026 and $19,600,000 of the general fund—state
13 appropriation for fiscal year 2027 are provided solely for the
14 authority to contract with behavioral health administrative service
15 organizations to implement the statewide recovery navigator program
16 established in chapter 311, Laws of 2021 (ESB 5476) and for related
17 technical assistance to support this implementation. This includes
18 funding for recovery navigator teams to provide community-based
19 outreach and case management services based on the law enforcement
20 assisted diversion model and for technical assistance support from
21 the law enforcement assisted diversion national support bureau. The
22 authority and technical assistance contractor must encourage recovery
23 navigator programs to provide educational information and outreach
24 regarding recovery navigator program services to local retailers that
25 have high levels of retail theft. Of the amounts provided in this
26 subsection (19)(b):
27     (i) $1,600,000 of the general fund—state appropriation for fiscal
28 year 2026 and $1,600,000 of the general fund—state appropriation for
29 fiscal year 2027 must be allocated to maintain recovery navigator
30 services in King, Pierce, and Snohomish counties. These amounts must
31 be in addition to the proportion of the allocation of the remaining
32 funds   in   this   subsection   the    regional   behavioral   health
33 administrative services organizations serving those counties were
34 allocated pursuant to section 22(1), chapter 311, Laws of 2021.
35(ii)   $2,000,000     of    the   general     fund—state      appropriation   for
36 fiscal   year  2026  and   $2,000,000  of   the  general   fund—state
37 appropriation for fiscal year 2027 are provided solely for expanding
38 recovery navigator program services in regions where fiscal year 2026
39 projected expenditures will exceed revenues provided under this
  p. 188  ESSB 5167.SL
1 subsection.   In  allocating   these  amounts,   the  authority must
2 prioritize regions where the combined fiscal year recovery navigator
3 program allocations and recovery navigator program reserve balances
4 are inadequate to cover estimated fiscal year expenditures.
5    (c) $700,000 of the general fund—state appropriation for fiscal
6 year 2026 and $700,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for behavioral health
8 administrative service organizations to develop regional recovery
9 navigator program plans pursuant to chapter 311, Laws of 2021 (ESB
10 5476), and to establish positions focusing on regional planning to
11 improve access to and quality of regional behavioral health services
12 with a focus on integrated care.
13    (d) $2,250,000 of the general fund—state appropriation for fiscal
14 year 2026, $2,250,000 of the general fund—state appropriation for
15 fiscal year 2027, and $4,500,000 of the opioid abatement settlement
16 account—state appropriation are provided solely for the authority to
17 maintain funding for ongoing grants to     law   enforcement   assisted
18 diversion programs under RCW 71.24.589.
19    (e) $500,000 of the general fund—state appropriation for fiscal
20 year 2026 and $500,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for the authority to contract
22 with the University of Washington addictions, drug, and alcohol
23 institute. This funding must be used for advanced, evidence-based
24 training for law enforcement to improve interactions with individuals
25 who use drugs. The training must be developed so it can be adapted
26 and used statewide to decrease stigmatizing beliefs among law
27 enforcement through positive contact with people who use drugs and
28 improve officer well-being and effectiveness by providing skills and
29 techniques to address the drug overdose epidemic. The institute must
30 develop and refine this training, leveraging prior work, and in
31 partnership with a steering committee that includes people with lived
32 or living experience of substance use disorder and criminal legal
33 involvement, researchers, clinicians, law enforcement officers, and
34 others. The training must complement, but not duplicate, existing
35 curricula   already  provided  by   the  criminal   justice  training
36 commission. The institute must pilot the advanced training in a
37 subset of regional law enforcement agencies and evaluate its
38 acceptability and feasibility through participant interviews and
39 pretraining and posttraining ratings of stigmatizing beliefs. The
  p. 189  ESSB 5167.SL
1  institute must incorporate feedback from the pilot training sessions
2  into a final training program that it must make available to law
3  enforcement agencies across the state.
4(20)   $1,875,000     of   the   general      fund—state     appropriation   for
5 fiscal year 2026, $1,875,000 of the general fund—state appropriation
6 for fiscal year 2027, $350,000 of the general fund—federal
7 appropriation, and $5,400,000 of the opioid abatement settlement
8 account—state appropriation are provided solely for the authority to
9 continue to provide support for recovery residences. Of these
10 amounts:
11(a) $75,000 of the general fund—state appropriation for fiscal
12 year 2026, $75,000 of the general fund—state appropriation for fiscal
13 year 2027, and $350,000 of the general fund—federal appropriation are
14 provided solely to contract with a nationally recognized recovery
15 residence organization and to provide technical assistance to
16 operators of recovery residences seeking certification in accordance
17 with chapter 264, Laws of 2019 (2SHB 1528).
18(b) $1,800,000 of the general fund—state appropriation for fiscal
19 year 2026, $1,800,000 of the general fund—state appropriation for
20 fiscal year 2027, and $5,400,000 of the opioid abatement settlement
21 account—state appropriation are provided solely for the authority to
22 provide grants for the operational costs of new staffed recovery
23 residences which serve individuals with substance use disorders who
24 require more support than a level 1 recovery residence.
25(21)   $6,510,000     of   the   general      fund—state     appropriation   for
26 fiscal year 2026, $6,510,000 of the general fund—state appropriation
27 for     fiscal   year     2027,   $21,602,000      of    the     general   fund—federal
28 appropriation,      and     $3,500,000    of   the      opioid   abatement   settlement
29 account—state appropriation are provided solely for support of
30 clubhouse programs across the state. The authority shall work with
31 the   centers  for   medicare   and medicaid   services  to  review
32 opportunities to include clubhouse services as an optional "in lieu
33 of" service in managed care organization contracts in order to
34 maximize federal participation.
35(22) $708,000 of the general fund—state appropriation for fiscal
36 year    2026,    $708,000    of   the    general     fund—state     appropriation   for
37 fiscal year 2027, and $1,598,000 of the general fund—federal
38 appropriation are provided solely for implementing mental health peer
39 respite centers and a pilot project to implement a mental health
  p. 190  ESSB 5167.SL
1 drop-in center in accordance with chapter 324, Laws of 2019 (2SHB
2 1394).
3(23) $446,000 of the general fund—state appropriation for fiscal
4  year    2026,   $446,000   of   the   general   fund—state   appropriation   for
5 fiscal year 2027, and $178,000 of the general fund—federal
6 appropriation are provided solely for the University of Washington's
7 evidence-based practice institute which supports the identification,
8 evaluation, and implementation of evidence-based or promising
9 practices. The institute must work with the authority to develop a
10 plan to seek private, federal, or other grant funding in order to
11 reduce the need for state general funds.
12     (24) As an element of contractual network adequacy requirements
13 and reporting, the authority shall direct managed care organizations
14 to make all reasonable efforts to develop or maintain contracts with
15 provider networks that leverage local, federal, or philanthropic
16 funding to enhance effectiveness of medicaid-funded integrated care
17 services. These networks must promote medicaid clients' access to a
18 system of services that addresses additional social support services
19 and social determinants of health as defined in RCW 43.20.025 in a
20 manner that is integrated with the delivery of behavioral health and
21 medical treatment services.
22     (25) In establishing, re-basing, enhancing, or otherwise updating
23 medicaid rates for behavioral health services, the authority and
24 contracted actuaries shall use a transparent process that provides an
25 opportunity for medicaid managed care organizations, behavioral
26 health administrative service organizations, and behavioral health
27 provider agencies, and their representatives, to review and provide
28 data and feedback on proposed rate changes within their region or
29 regions of service operation. The authority and contracted actuaries
30 shall transparently incorporate the information gained from this
31 process and make adjustments allowable under federal law when
32 appropriate.
33     (26) The authority shall seek input from representatives of the
34 managed care organizations (MCOs), licensed community behavioral
35 health agencies, and behavioral health administrative service
36 organizations to develop specific metrics related to behavioral
37 health outcomes under integrated managed care. These metrics must
38 include, but are not limited to: (a) Revenues and expenditures for
39 community   behavioral  health   programs,  including   medicaid  and
  p. 191  ESSB 5167.SL
1 nonmedicaid funding; (b) access to services, service denials, and
2 utilization by state plan modality; (c) claims denials and record of
3 timely payment to providers; (d) client demographics; and (e) social
4 and recovery measures and managed care organization performance
5 measures. The authority must work with managed care organizations and
6 behavioral health administrative service organizations to integrate
7 these metrics into an annual reporting structure designed to evaluate
8 the performance of the behavioral health system in the state over
9 time. The authority must submit a report to the office of financial
10 management and the appropriate committees of the legislature, before
11 December 30th of each year during the fiscal biennium, that details
12 the implemented metrics and relevant performance outcomes for the
13 prior calendar year.
14     (27) The authority must pursue opportunities for shifting state
15 costs to the state's unused allocation of federal institutions for
16 mental disease disproportionate share hospital funding.
17    (28)   $1,250,000    of   the   general   fund—state   appropriation   for
18 fiscal   year  2026   and  $1,250,000  of   the  general  fund—state
19 appropriation for fiscal year 2027 are provided solely for the
20 authority to contract with the King county behavioral health
21 administrative services organization to maintain children's crisis
22 outreach response system services that were previously funded through
23 the department of children, youth, and families. The authority, in
24 consultation with the behavioral health administrative services
25 organization, medicaid managed care organizations, and the actuaries
26 responsible for developing medicaid managed care rates, must work to
27 maximize federal funding provided for the children's crisis outreach
28 response system program.
29    (29)   $12,435,000   of   the   general   fund—state   appropriation   for
30 fiscal year 2026, $13,015,000 of the general fund—state appropriation
31 for fiscal year 2027, and $25,450,000 of the general fund—federal
32 appropriation are provided solely for the community children's long-
33 term inpatient program. The number of beds is increased on a phased
34 in basis to 62 beds by the end of fiscal year 2026 at a bed day rate
35 of $1,121 per day.
36    (30)   $51,103,000   of   the   general   fund—state   appropriation   for
37 fiscal year 2026, $52,933,000 of the general fund—state appropriation
38 for fiscal year 2027, and $90,434,000 of the general fund—federal
39 appropriation are provided solely for the authority to contract with
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1 community hospitals or freestanding evaluation and treatment centers
2 to provide long-term inpatient care beds as defined in RCW 71.24.025.
3 Within these amounts, the authority must meet the requirements for
4 reimbursing counties for the judicial services for patients being
5 served in these settings in accordance with RCW 71.05.730. The
6 authority must coordinate with the department of social and health
7 services   in   developing   the  contract   requirements,  selecting
8 contractors, and establishing processes for identifying patients that
9 will be admitted to these facilities. Of the amounts in this
10 subsection, sufficient amounts are provided for the authority to
11 reimburse community hospitals and nonhospital residential treatment
12 centers serving clients in long-term inpatient care beds as defined
13 in RCW 71.24.025 as follows:
14     (a) For a hospital licensed under chapter 70.41 RCW that requires
15 a hospital specific medicaid inpatient psychiatric per diem payment
16 rate for long-term civil commitment patients because the hospital has
17 completed a medicare cost report, the authority shall analyze the
18 most recent medicare cost report of the hospital after a minimum of
19 200 medicaid inpatient psychiatric days. The authority shall
20 establish the inpatient psychiatric per diem payment rate for long-
21 term civil commitment patients for the hospital at 100 percent of the
22 allowable cost of care, based on the most recent medicare cost report
23 of the hospital.
24     (b) For a hospital licensed under chapter 70.41 RCW that has not
25 completed a medicare cost report with more than 200 medicaid
26 inpatient psychiatric days, the authority shall establish the
27 medicaid inpatient psychiatric per diem payment rate for long-term
28 civil commitment patients for the hospital at the higher of the
29 hospital's current medicaid inpatient psychiatric rate; or the
30 annually updated statewide average of the medicaid inpatient
31 psychiatric per diem payment rate of all acute care hospitals
32 licensed under chapter 70.41 RCW providing long-term civil commitment
33 services.
34     (c) For a hospital licensed under chapter 71.12 RCW and currently
35 providing long-term civil commitment services, the authority shall
36 establish the medicaid inpatient psychiatric per diem payment rate at
37 $1,250 plus adjustments that may be needed to capture costs
38 associated with long-term psychiatric patients that are not allowable
39 on the medicare cost report or reimbursed separately. The hospital
40 may provide the authority with supplemental data to be considered and
  p. 193  ESSB 5167.SL
1 used to make appropriate adjustments to the medicaid inpatient
2 psychiatric per diem payment rate of the hospital. Adjustment of
3 costs may include:
4     (i) Costs associated with professional services and fees not
5 accounted for in the hospital's medicare cost report or reimbursed
6 separately;
7     (ii) Costs associated with the hospital providing the long-term
8 psychiatric patient access to involuntary treatment court services
9 that are not reimbursed separately; and
10     (iii)   Other  costs   associated   with  caring   for   long-term
11 psychiatric patients that are not reimbursed separately.
12     (d) For a hospital licensed under chapter 71.12 RCW that requires
13 an initial medicaid inpatient psychiatric per diem payment rate for
14 long-term civil commitment services because it has not yet completed
15 a medicare cost report, the authority shall establish the medicaid
16 inpatient psychiatric per diem payment rate at the higher of:
17      (i) The hospital's current medicaid inpatient psychiatric rate;
18 or
19     (ii) The annually updated statewide average of the medicaid long-
20 term inpatient psychiatric per diem payment rate of all freestanding
21 psychiatric hospitals licensed under chapter 71.12 RCW providing
22 long-term civil commitment services.
23     (e) For nonhospital residential treatment centers certified to
24 provide long-term inpatient care beds as defined in RCW 71.24.025,
25 the authority shall establish the medicaid psychiatric per diem
26 payment rate at $1,250 per bed.
27     (f) The authority shall pay a rate enhancement of $500 per day
28 for patients committed pursuant to the dismissal of criminal charges
29 and a civil evaluation ordered under RCW 10.77.086 or 10.77.088. The
30 enhancement shall be available to all hospital and nonhospital
31 facilities providing services under this subsection except those
32 whose rates are set at 100 percent of their most recent medicare cost
33 report.
34     (g) The authority may pay a rate enhancement of $500 per day for
35 individuals with complex medical needs, challenging behaviors often
36 diagnosed with co-occurring intellectual or developmental disability,
37 traumatic brain injury, dementia, or significant medical issues
38 requiring personal care. The rate enhancement shall be available to
39 providers contracting directly with the authority.
  p. 194  ESSB 5167.SL
1     (h) Provider payments for vacant bed days shall not exceed six
2 percent of their annual contracted bed days.
3    (31) $150,000 of the general fund—state appropriation for fiscal
4 year 2026 and $150,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for a one-time grant to Island
6 county to maintain support for a pilot program to improve behavioral
7 health   outcomes  for  young   people  in   rural  communities.  In
8 administering the pilot program, Island county shall coordinate with
9 school districts, community groups, and health care providers to
10 increase access to behavioral health programs for children and youth
11 aged birth to 24 years of age. The grant funds shall be used to
12 coordinate and expand behavioral health services. The grant funding
13 must not be used to supplant funding from existing programs. No more
14 than 10 percent of the funds may be used for administrative costs
15 incurred by Island county in administering the program. Services that
16 may be provided with the grant funding include, but are not limited
17 to:
18     (a) Support for children and youth with significant behavioral
19 health needs to address learning loss caused by COVID-19 and remote
20 learning;
21     (b) School based behavioral health education, assessment, and
22 brief treatment;
23     (c) Screening and referral of children and youth to long-term
24 treatment services;
25     (d) Behavioral health supports provided by community agencies
26 serving youth year-round;
27     (e) Expansion of mental health first aid, a program designed to
28 prepare adults who regularly interact with youth for how to help
29 people in both crisis and noncrisis mental health situations;
30     (f) Peer support services; and
31     (g) Compensation for the incurred costs of clinical supervisors
32 and internships.
33    (32) $494,000 of the general fund—state appropriation for fiscal
34 year   2026,   $494,000   of   the   general   fund—state   appropriation   for
35 fiscal year 2027, and $988,000 of the general fund—federal
36 appropriation are provided solely for the authority to contract with
37 the University of Washington's project extension for community health
38 outcomes (ECHO) and the systemic, therapeutic, assessment, resources,
  p. 195  ESSB 5167.SL
1 and   treatment   (START)  programs  for   specialized  training and
2 consultation for physicians and professionals to support:
3     (a) Children with developmental disabilities and behavioral
4 health needs;
5     (b) Applied behavior analysis provider training, education, and
6 consultation; and
7     (c) The screening and diagnosis of autism spectrum disorder.
8     (33) $2,366,000 of the general fund—federal appropriation and
9 $2,366,000 of the general fund—local appropriation are provided
10 solely for supported housing and employment services described in
11 initiative 3a and 3b of the 1115 demonstration waiver and this is the
12 maximum amount that may be expended for this purpose. Within these
13 amounts, funding is provided for the authority to support community
14 discharge efforts for patients at the state hospitals. Under this
15 initiative, the authority and the department of social and health
16 services shall ensure that allowable and necessary services are
17 provided to eligible clients as identified by the authority or its
18 providers or third party administrator. The department and the
19 authority in consultation with the medicaid forecast work group,
20 shall ensure that reasonable reimbursements are established for
21 services deemed necessary within an identified limit per individual.
22 The authority shall not increase general fund—state expenditures
23 above appropriated levels for this specific purpose. The secretary in
24 collaboration with the director of the authority shall report to the
25 joint select committee on health care oversight no less than
26 quarterly on financial and health outcomes. The secretary in
27 cooperation with the director shall also report to the fiscal
28 committees of the legislature the expenditures of this subsection and
29 shall provide such fiscal data in the time, manner, and form
30 requested by the legislative fiscal committees.
31     (34) Within the amounts provided in this section, sufficient
32 funding is provided for the authority to maintain and increase the
33 capabilities of a tool to track medication assisted treatment
34 provider capacity.
35    (35)   $4,087,000   of   the   general   fund—state   appropriation   for
36 fiscal year 2026, $4,087,000 of the general fund—state appropriation
37 for fiscal year 2027, and $3,000,000 of the general fund—federal
38 appropriation are provided solely for alternative response  and
39 coresponse services. Of the amounts provided in this subsection:
  p. 196  ESSB 5167.SL
1     (a) $2,000,000 of the general fund—federal appropriation is
2 provided solely for grants to law enforcement and other first
3 responders to include a mental health professional on the team of
4 personnel responding to emergencies.
5     (b) $1,500,000 of the general fund—state appropriation for fiscal
6 year 2026, $1,500,000 of the general fund—state appropriation for
7 fiscal     year   2027,    and   $1,000,000      of   the     general    fund—federal
8 appropriation     are     provided     solely    to   support    the     provision   of
9 behavioral   health  coresponder  services      on     nonlaw     enforcement
10 emergency medical response teams.
11     (c) $2,587,000 of the general fund—state appropriation for fiscal
12 year 2026 and $2,587,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for the authority to support
14 efforts by counties and cities to implement local response teams. Of
15 these amounts:
16     (i) $2,000,000 of the general fund—state appropriation for fiscal
17 year 2026 and $2,000,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for the authority to provide a
19 grant to the association of Washington cities to assist cities with
20 the costs of implementing alternative response teams. This funding
21 must be used to reimburse cities for documented costs associated with
22 creating coresponder teams within different alternative diversion
23 models including law enforcement assisted diversion programs,
24 community assistance referral and education programs, and as part of
25 mobile crisis teams. Cities are encouraged to partner with each other
26 to create a regional response model. In awarding these funds, the
27 association must prioritize applicants with demonstrated capacity for
28 facility-based   crisis  triage   and   stabilization  services.   The
29 association and authority must collect information regarding the
30 number of facility-based crisis stabilization and triage beds
31 available in the locations receiving funding through this subsection.
32     (ii) $587,000 of the general fund—state appropriation for fiscal
33 year 2026 and $587,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely to support the Whatcom county
35 alternative response team.
36     (36)    $2,404,000     of    the   general   fund—state      appropriation       for
37 fiscal year 2026, $2,637,000 of the general fund—state appropriation
38 for fiscal year 2027, and $6,815,000 of the general fund—federal
39 appropriation are provided solely for the authority to contract for
  p. 197  ESSB 5167.SL
1 long-term involuntary treatment services in a 16-bed residential
2 treatment facility developed by the Tulalip tribe in Stanwood.
3    (37) $956,000 of the general fund—state appropriation for fiscal
4 year 2026 and $956,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for wraparound with intensive
6 services for youth ineligible for medicaid as outlined in the
7 settlement agreement under AGC v. Washington State Health  Care
8 Authority, Thurston county superior court no. 21-2-00479-34.
9    (38)    $16,004,000    of     the   general    fund—state    appropriation      for
10 fiscal year 2026 and $16,004,000 of the general fund—state
11 appropriation for fiscal year 2027 are provided solely for claims for
12 services   rendered  to   medicaid  eligible   clients  admitted   to
13 institutions of mental disease that were determined to be unallowable
14 for federal reimbursement due to medicaid's institutions for mental
15 disease exclusion rules.
16    (39)    $6,010,000     of   the     general    fund—state    appropriation      for
17 fiscal year 2026, $6,010,000 of the general fund—state appropriation
18 for fiscal year 2027, and $1,980,000 of the general fund—federal
19 appropriation are provided solely for the authority, in coordination
20 with the department of health, to deploy an opioid awareness campaign
21 and to contract with syringe service programs and other service
22 settings assisting people with substance use disorders to: Prevent
23 and respond to overdoses; provide other harm reduction services and
24 supplies, including but not limited to distributing naloxone;
25 fentanyl testing and other drug testing supplies; and for expanding
26 contingency management services. The authority is encouraged to use
27 these funds to leverage federal funding for this purpose to expand
28 buying power when possible. The authority should prioritize funds for
29 naloxone in coordination with the department of health, to expand the
30 distribution of naloxone through the department's overdose education
31 and naloxone distribution program. Funding must be prioritized to
32 fill naloxone access gaps in community behavioral health and other
33 community settings, including providing naloxone for agency staff in
34 organizations such as syringe service programs, housing providers,
35 and street outreach programs. Of the amounts provided in this
36 subsection, $1,000,000 of the general fund—state appropriation for
37 fiscal    year   2026    and     $1,000,000       of    the   general    fund—state
38 appropriation    for    fiscal    year    2027    are   provided   solely   for   the
  p. 198  ESSB 5167.SL
1 authority to deploy an opioid awareness campaign targeted at youth to
2 increase the awareness of the dangers of fentanyl.
3(40)    $2,148,000       of    the   general    fund—state    appropriation   for
4 fiscal   year  2026   and    $2,148,000  of   the general   fund—state
5 appropriation for fiscal year 2027 are provided solely to support
6 individuals   enrolled    in   the   foundational community    supports
7 initiative who are transitioning from benefits under RCW 74.04.805
8 due to increased income or other changes in eligibility. The
9 authority, department of social and health services, and department
10 of commerce shall collaborate on this effort.
11(41)    $24,684,000       of   the   general    fund—state    appropriation   for
12 fiscal year 2026, $24,559,000 of the general fund—state appropriation
13 for    fiscal       year     2027,   $4,464,000      of   the   general   fund—federal
14 appropriation, $3,500,000 of the criminal justice treatment account—
15 state   appropriation,  and  $4,000,000  of   the  opioid   abatement
16 settlement account—state appropriation are provided solely to support
17 the housing needs of individuals with behavioral health disorders. Of
18 the amounts provided in this subsection:
19(a) $998,000 of the general fund—state appropriation for fiscal
20 year   2026,        $998,000   of    the   general    fund—state    appropriation   for
21 fiscal       year     2027,    and    $618,000       of   the   general   fund—federal
22 appropriation are provided solely for the authority to contract for
23 three regional behavioral health mobile crisis response teams focused
24 on supported housing to prevent individuals with behavioral health
25 conditions at high risk of losing housing from becoming homeless,
26 identify   and  prioritize   serving  the   most   vulnerable  people
27 experiencing homelessness, and increase alternative housing options
28 to include short-term alternatives which may temporarily deescalate
29 situations where there is high risk of a household from becoming
30 homeless.
31(b) $5,623,000 of the general fund—state appropriation for fiscal
32 year 2026, $5,623,000 of the general fund—state appropriation for
33 fiscal       year    2027,     and   $3,748,000      of   the   general   fund—federal
34 appropriation are provided solely to maintain and expand access to no
35 barrier, and low-barrier programs using a housing first model
36 designed to assist and stabilize housing supports for adults with
37 behavioral health conditions. Housing supports and services shall be
38 made available with no requirement for treatment for their behavioral
39 health condition and must be individualized to the needs of the
  p. 199  ESSB 5167.SL
1 individual.   The  authority   and   department   of   commerce   shall
2 collaborate on this effort.
3    (c) $337,000 of the general fund—state appropriation for fiscal
4 year 2026 and $337,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for a rental voucher and bridge
6 program and to implement strategies to reduce instances where an
7 individual leaves a state operated behavioral or private behavioral
8 health facility directly into homelessness. The authority must
9 prioritize this funding for individuals being discharged from state
10 operated behavioral health facilities.
11    (d) $2,487,000 of the general fund—state appropriation for fiscal
12 year 2026 and $2,487,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for short-term rental subsidies
14 for individuals with mental health or substance use disorders. This
15 funding may be used for individuals enrolled in the foundational
16 community support program while waiting for a longer term resource
17 for rental support or for individuals transitioning from behavioral
18 health treatment facilities or local jails. Individuals who would
19 otherwise be eligible for the foundational community support program
20 but are not eligible because of their citizenship status may also be
21 served. Each December of the fiscal biennium, the authority must
22 submit a report identifying the expenditures and number of
23 individuals receiving short-term rental supports through the agency
24 budget during the prior fiscal year broken out by region, treatment
25 need, and the demographics of those served, including but not limited
26 to age, country of origin within racial/ethnic categories, gender,
27 and immigration status.
28    (e) $4,211,000 of the general fund—state appropriation for fiscal
29 year 2026 and $4,211,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for a targeted grant program to
31 three behavioral health administrative services organizations to
32 transition persons who are either being diverted from criminal
33 prosecution to behavioral health treatment services or are in need of
34 housing upon discharge from crisis stabilization services.
35    (f) $1,250,000 of the general fund—state appropriation for fiscal
36 year 2026, $1,250,000 of the general fund—state appropriation for
37 fiscal year 2027, $3,500,000 of the criminal justice treatment
38 account—state appropriation, and $4,000,000 of the opioid abatement
39 settlement account—state appropriation are provided solely for the
  p. 200  ESSB 5167.SL
1 authority to provide short-term housing vouchers for individuals with
2 substance use disorders.
3    (g) $7,500,000 of the general fund—state appropriation for fiscal
4 year 2026 and $7,500,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for the authority to implement
6 homeless outreach stabilization teams pursuant to chapter 311, Laws
7 of 2021 (ESB 5476).
8(h) $2,278,000 of the general fund—state appropriation for fiscal
9 year 2026, $2,153,000 of the general fund—state appropriation for
10 fiscal     year     2027,    and    $98,000    of     the   general   fund—federal
11 appropriation are provided solely for implementing a postinpatient
12 housing program designed for young adults in accordance with the
13 provisions of chapter 175, Laws of 2024 (2SHB 1929). Contracts with
14 the postinpatient housing providers are exempt from the competitive
15 procurement requirements in chapter 39.26 RCW.
16    (42) $361,000 of the general fund—state appropriation for fiscal
17 year    2026,     $361,000   of    the   general    fund—state   appropriation   for
18 fiscal year 2027, and $482,000 of the general fund—federal
19 appropriation are provided solely for the authority, in collaboration
20 with the department of social and health services research and data
21 analysis division, to implement community behavioral health service
22 data into the existing executive management information system. Of
23 these amounts, $288,000 of the general fund—state appropriation for
24 fiscal year 2026, $288,000 of the general fund—state appropriation
25 for fiscal year 2027, and $384,000 of the general fund—federal
26 appropriation are provided solely for the authority to reimburse the
27 research and data analysis division for staff costs associated with
28 this project. The data elements shall be incorporated into the
29 monthly executive management information system reports on a phased-
30 in basis, allowing for elements which are readily available to be
31 incorporated in the initial phase, and elements which require further
32 definition and data collection changes to be incorporated in a later
33 phase. The authority must collaborate with the research and data
34 analysis division to ensure data elements are clearly defined and
35 must include requirements in medicaid managed care organization and
36 behavioral health administrative services organization contracts to
37 provide the data in a consistent and timely manner for inclusion into
38 the system. The community behavioral health executive management
39 system information data elements must include, but are not limited
  p. 201  ESSB 5167.SL
1 to: Psychiatric inpatient bed days; evaluation and treatment center
2 bed days; long-term involuntary community psychiatric inpatient bed
3 days; children's long-term inpatient bed days; substance use disorder
4 inpatient, residential, withdrawal evaluation and management, and
5 secure withdrawal evaluation and management bed days; crisis triage
6 and stabilization services bed days; mental health residential bed
7 days; mental health and substance use disorder outpatient treatment
8 services; opioid substitution and medication assisted treatment
9 services; program of assertive treatment team services; wraparound
10 with intensive services; mobile outreach crisis services; recovery
11 navigator team services; foundational community supports housing and
12 employment services; projects for assistance in transition from
13 homelessness services; housing and recovery through peer services;
14 other housing services administered by the authority; mental health
15 and substance use disorder peer services; designated crisis responder
16 investigations and outcomes; involuntary commitment hearings and
17 outcomes; pregnant and parenting women case management services; and
18 single bed certifications and no available bed reports. Wherever
19 possible and practical, the data must include historical monthly
20 counts and shall be broken out to distinguish services to medicaid
21 and nonmedicaid individuals and children and adults. The authority
22 and the research and data analysis division must consult with the
23 office of financial management and staff from the fiscal committees
24 of the legislature on the development and implementation of the
25 community behavioral health data elements.
26    (43) $178,000 of the general fund—state appropriation for fiscal
27 year 2026, $58,000 of the general fund—state appropriation for fiscal
28 year 2027, and $650,000 of the general fund—federal appropriation are
29 provided solely for the authority to continue development and
30 implementation of the certified community behavioral health clinic
31 model for comprehensive behavioral health services. Funding must be
32 used to secure actuarial expertise, conduct research into national
33 data and other state models, including obtaining resources and
34 expertise from the national council for mental well-being certified
35 community behavioral health clinic success center; and engage
36 stakeholders,   including  representatives  of   licensed   community
37 behavioral health agencies and medicaid managed care organizations,
38 in the process. The authority must conduct a study built on the
  p. 202  ESSB 5167.SL
1 preliminary report submitted to the legislature in December 2024 that
2 includes:
3     (a) Overviews of options and considerations for implementing the
4 certified community behavioral health clinic model within Washington
5 state, including participation as a certified community behavioral
6 health clinic demonstration state or for independent statewide
7 implementation;
8     (b) An analysis of the impact of expanding the certified
9 community behavioral health clinic model on the state's behavioral
10 health systems;
11     (c) Relevant federal regulations and options to implement the
12 certified community behavioral health clinic model under those
13 regulations;
14     (d) Options for implementing a prospective payment system
15 methodology;
16     (e) An analysis of the benefits and potential challenges for
17 integrating   the  certified   community   behavioral  health   clinic
18 reimbursement model within an integrated care environment;
19     (f) Actuarial analysis on the costs for implementing the
20 certified community behavioral health clinic model, including
21 opportunities for leveraging federal funding; and
22     (g) Recommendations to the legislature on a pathway for statewide
23 implementation including a plan for implementation no later than
24 fiscal year 2027 that must include the following:
25     (i) Implementation of the certified community behavioral health
26 clinic model with clinics that adhere to the program standards under
27 the federal substance abuse and mental health services administration
28 demonstration program established under section 223 of the federal
29 protecting access to medicare act of 2014 (42 U.S.C. Sec. 1396a
30 note), as amended by the bipartisan safer communities act (P.L.
31 117-159);
32     (ii) Incorporation in the planned funding model of at least one
33 of the prospective payment system methodologies approved by the
34 centers for medicare and medicaid services;
35     (iii) The plan may allow for the certified community behavioral
36 health clinic funding model to be implemented either by applying for
37 and joining the federal demonstration program referenced in (g)(i) of
38 this subsection, applying to the centers for medicare and medicaid
39 services for a medicaid state plan waiver or amendment, or both;
  p. 203  ESSB 5167.SL
1      (iv) Continued consultation with the national council for mental
2  wellbeing's certified community behavioral health clinic success
3  center for technical assistance and meaningful opportunities for
4  community behavioral health agencies to participate and offer
5  feedback throughout the implementation process; and
6      (v) Inclusion of services to children, youth, and families
7  through the certified community behavioral health clinic funding
8  model through providers that serve individuals of all ages as well as
9  specialty providers that serve children, youth, and families.
10    (44) $150,000 of the general fund—state appropriation for fiscal
11 year 2026 and $150,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for the authority to renew a
13 contract with a Seattle based nonprofit organization with experience
14 matching voluntary specialty care providers with patients in need of
15 care to continue established pro bono counseling and behavioral
16 health services to uninsured and underinsured individuals with
17 incomes below 300 percent of the federal poverty line. The authority
18 must provide the funding pursuant to a contract for documented
19 capacity-building to continue pro bono counseling and behavioral
20 health   services.   The   agreement  may   require    the contracted
21 organization to seek, document, and report to the authority on
22 efforts to leverage local, federal, or philanthropic funding to
23 provide sustained operational support for the program.
24    (45) $219,000 of the general fund—state appropriation for fiscal
25 year 2026 and $219,000 of the general fund—state appropriation    for
26 fiscal year 2027 are provided solely to continue to support       the
27 children and youth behavioral health work group to consider       and
28 develop longer term strategies and recommendations regarding      the
29 delivery of behavioral health services for children, transitioning
30 youth, and their caregivers pursuant to chapter 76, Laws of 2022
31 (2SHB 1890).
32    (46) $250,000 of the general fund—state appropriation for fiscal
33 year 2026 and $250,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely for the authority to continue a
35 contract to provide information and support related to safe housing
36 and support services for youth exiting inpatient mental health and/or
37 substance   use  disorder   facilities   to  stakeholders,  inpatient
38 treatment facilities, young people, and other community providers
39 that serve unaccompanied youth and young adults.
  p. 204  ESSB 5167.SL
1(47)    $3,322,000     of    the   general      fund—state    appropriation    for
2 fiscal year 2026, $3,322,000 of the general fund—state appropriation
3  for     fiscal     year    2027,   $1,814,000      of    the     general   fund—federal
4  appropriation,       and    $5,248,000    of    the     opioid   abatement   settlement
5  account—state appropriation are provided solely for the authority to
6  contract with opioid treatment providers to operate mobile methadone
7 units    to      address   treatment     gaps    statewide.       Within   the   amounts
8 provided, the authority must provide service support subsidies to all
9 mobile methadone units including those that began operations prior to
10 fiscal year 2024. The authority must work with the actuaries
11 responsible for setting medicaid managed care rates to explore
12 options for creating a specific rate for mobile medication units that
13 reflects the unique costs of these programs.
14(48)(a) $5,753,000 of the general fund—state appropriation for
15 fiscal   year  2026   and  $5,753,000   of  the   general  fund—state
16 appropriation for fiscal year 2027 are provided solely for the
17 authority to continue a program with coverage comparable to the
18 amount, duration, and scope of care provided in the categorically
19 needy medicaid program for adult individuals who:
20     (i) Have an immigration status making them ineligible for federal
21 medicaid or federal subsidies through the health benefit exchange;
22     (ii) Are age 19 and older, including over age 65, and have
23 countable income of up to 138 percent of the federal poverty level;
24 and
25     (iii) Are not eligible for another full scope federally funded
26 medical assistance program, including any expansion of medicaid
27 coverage for deferred action for childhood arrivals recipients.
28     (b) Within the amount provided in this subsection, the authority
29 shall use the same eligibility, enrollment, redetermination and
30 renewal, and appeals procedures as categorically needy medicaid,
31 except where flexibility is necessary to maintain privacy or minimize
32 burden to applicants or enrollees.
33     (c) The authority in collaboration with the health benefit
34 exchange, the department of social and health services, and community
35 organizations must develop and implement an outreach and education
36 campaign.
37     (d) The authority must provide the following information to the
38 governor's office and appropriate committees of the legislature by
39 February 1st and November 1st of each year:
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1      (i) Actual and forecasted expenditures;
2      (ii) Actual and forecasted data from the caseload forecast
3  council; and
4      (iii) The availability and impact of any federal program or
5  proposed rule that expands access to health care for the population
6  described in this subsection, such as the expansion of medicaid
7  coverage for deferred action for childhood arrivals recipients.
8      (e) The amount provided in this subsection is the maximum amount
9  that may be expended for the purposes of this program.
10    (49)(a)   $125,000   of   the   general   fund—state   appropriation   for
11 fiscal year 2026 and $125,000 of the general fund—state appropriation
12 for fiscal year 2027 are provided solely for the authority to
13 reimburse the department of social and health services for staffing
14 costs related to tracking behavioral health community capacity
15 through   the  community   behavioral   health  executive  management
16 information system and providing annual reports on the implementation
17 of new behavioral health community capacity.
18     (b) The department of commerce, the department of health, and the
19 authority must cooperate with the department of social and health
20 services in collecting and providing the data necessary to
21 incorporate tracking of behavioral health beds into the behavioral
22 health executive management information system and to prepare the
23 required reports. The agencies must work to ensure they are using
24 consistent definitions in classifying behavioral health bed types for
25 the purpose of reporting capacity and utilization.
26     (c) The authority and the department of social and health
27 services must continue tracking behavioral health bed utilization for
28 medicaid and state funded clients by type of bed in the executive
29 management information system. The department of commerce shall
30 identify to the department of social and health services all
31 providers that have received funding through their capital grant
32 program since the 2013-2015 fiscal biennium. The department of social
33 and health services must incorporate tracking of services by provider
34 including an element to identify providers that have received funding
35 through the capital budget so that reports can be provided related to
36 the average daily client counts for medicaid and state funded clients
37 being served by provider and by facility type.
38     (d) The department of social and health services, in coordination
39 with the department of commerce, the department of health, and the
40 authority, must submit an annual report each November of the fiscal
  p. 206  ESSB 5167.SL
1  biennium to the office of financial management and the appropriate
2  committees of the legislature that provides the following information
3  for each facility that has received funding through the capital
4  budget: (i) The amount received by the state and the total project
5  cost; (ii) the facility address; (iii) the number of new beds or
6  additional bed capacity by the service type being provided; (iv) the
7  utilization of the additional beds by medicaid or state funded
8  clients by service type; and (v) a comparison of capacity to demand
9  by service type by geographical region of the state.
10     (50)   $3,045,000     of   the   general   fund—state    appropriation     for
11 fiscal year 2026, $83,000 of the general fund—state appropriation for
12 fiscal year 2027, $172,000 of the general fund—federal appropriation,
13 $2,000,000   of  the  criminal  justice treatment  account—state
14 appropriation, and $5,041,000 of the opioid abatement settlement
15 account—state appropriation are provided solely for the authority to
16 expand efforts to provide opioid use disorder and alcohol use
17 disorder medication in city, county, regional, and tribal jails.
18     (51) $55,988,000 of the general fund—federal appropriation is
19 provided solely for the authority to contract with the University of
20 Washington behavioral health teaching facility to provide long-term
21 inpatient care beds as defined in RCW 71.24.025. The authority must
22 coordinate with the department of social and health services and the
23 University of Washington to evaluate and determine criteria for the
24 current population of state hospital patients, committed pursuant to
25 the dismissal of criminal charges and a civil evaluation ordered
26 under RCW 10.77.086 or 10.77.088, who can be effectively treated at
27 the University of Washington behavioral health teaching facility.
28    (52) $95,000 of the general fund—state appropriation for fiscal
29 year 2026, $95,000 of the general fund—state appropriation for fiscal
30 year 2027, and $264,000 of the general fund—federal appropriation are
31 provided solely for implementation of Substitute House Bill No. 1272
32 (children in crisis program). If the bill is not enacted by June 30,
33 2025, the amounts provided in this subsection shall lapse.
34     (53) $36,306,000 of the statewide 988 behavioral health crisis
35 response   line   account—state      appropriation   and    $21,410,000   of   the
36 general    fund—federal appropriation are provided solely for the
37 authority to continue to implement the provisions of chapter 454,
38 Laws of 2023 (E2SHB 1134). Within these amounts, sufficient funding
39 is provided for the authority to:
  p. 207  ESSB 5167.SL
1     (a) Provide grants to new or existing mobile rapid response teams
2 and to community-based crisis teams to support efforts for meeting
3 the standards and criteria for receiving an endorsement pursuant to
4 provisions of the bill. In awarding grants under this subsection, the
5 authority must prioritize funding for proposals that demonstrate
6 experience and strategies that prioritize culturally relevant
7 services to community members with the least access to behavioral
8 health services;
9     (b) Expand and enhance regional crisis services provided by
10 mobile crisis teams and community-based crisis teams either endorsed
11 or seeking endorsement pursuant to standards adopted by the
12 authority; and
13     (c) Provide performance payments to mobile rapid response teams
14 and community-based crisis teams that receive endorsements pursuant
15 to chapter 454, Laws of 2023 (E2SHB 1134).
16     (54) $500,000 of the opioid abatement settlement account—state
17 appropriation is provided solely for Spanish language opioid
18 prevention services.
19     (55) $16,814,000 of the tribal opioid prevention and treatment
20 account—state appropriation is provided solely for the authority to
21 pass through to tribes and urban Indian health programs for opioid
22 and overdose response activities. The funding must be used for
23 prevention, outreach, treatment, recovery support services, and other
24 strategies to address and mitigate the effects of the misuse and
25 abuse of opioid related products. The authority must provide the
26 tribes and urban Indian health programs the latitude to use the
27 funding as they see fit to benefit their communities, provided the
28 activities are allowable under the terms of the opioid settlement
29 agreements.
30     (56) Within existing resources, the authority shall collaborate
31 with the department of social and health services to develop a new
32 program for individuals admitted to a state hospital for purposes of
33 civil commitment under RCW 10.77.086. The program must prioritize the
34 use   of  assisted   outpatient  treatment  resources   for  eligible
35 individuals and draw upon existing programs, including the program of
36 assertive community treatment and the governor's opportunity for
37 supportive housing program to provide wraparound services for
38 individuals who may be ready to quickly return to the community
39 following an admission.
  p. 208  ESSB 5167.SL
1    (57) $6,700,000 of the opioid abatement settlement account—state
2  appropriation and $700,000 of the general fund—federal appropriation
3  are provided solely for the authority to contract for the support of
4  an opioid recovery and care access center in Seattle. The contractor
5  must be an established Seattle based behavioral health provider that
6  has developed a partnership for the project and has leveraged
7  additional operations and research funding from other sources. The
8  contract is exempt from the competitive procurement requirements in
9  chapter 39.26 RCW.
10     (58) $2,000,000 of the opioid abatement settlement account—state
11 appropriation is provided solely for the authority to increase access
12 to long-acting injectable buprenorphine products. The authority must
13 use these funds to cover the cost and administration of the drug for
14 uninsured individuals that do not qualify for other state or federal
15 health insurance programs.
16     (59) $4,500,000 of the general fund—state appropriation for
17 fiscal year 2026 is provided solely for bridge funding grants to
18 community behavioral health agencies participating in federal
19 certified community behavioral health clinic expansion grant programs
20 to sustain their continued level of operations following expiration
21 of federal grant funding during the planning process for adoption of
22 the certified community behavioral health clinic model statewide.
23     (60)   $3,066,000   of   the   general   fund—state   appropriation   for
24 fiscal year 2026, $5,446,000 of the general fund—state appropriation
25 for fiscal year 2027, and $3,457,000 of the general fund—federal
26 appropriation are provided solely for the authority to contract for
27 community behavioral health services to be provided at the Olympic
28 heritage behavioral health facility.
29     (61) $15,398,000 of the statewide 988 behavioral health crisis
30 response line account—state appropriation is provided solely for
31 startup, implementation, and operational funding for three crisis
32 relief centers. The authority must undergo a competitive solicitation
33 process for this funding that takes into account geographic needs,
34 regional capacity, and operational readiness, and must prioritize
35 providers with limited access to other funding sources and who are
36 projected to have the shortest timelines to utilize funding and begin
37 operations. Of the amounts provided in this subsection:
  p. 209  ESSB 5167.SL
1     (a) $8,536,000 is provided solely for startup grants for hiring,
2 facility improvements, and other costs necessary to begin providing
3 services to clients.
4     (b) $4,925,000 is provided solely for six-month operational
5 subsidies for crisis centers that have begun operations as a bridge
6 to providing services at full capacity.
7     (c) $1,937,000 is provided for reimbursement for crisis relief
8 center services provided to individuals not covered by the state
9 medicaid program.
10     (d) The authority must ensure that managed care organizations
11 adhere to contract provisions regarding required services and
12 behavioral health network adequacy standards. The authority must
13 submit a report to the office of financial management and the
14 appropriate committees of the legislature by December 1, 2025, with a
15 plan and recommendations for a sustainable funding model for these
16 services that collects appropriate amounts from medicaid managed care
17 organizations and other insurance carriers and identifies the need
18 for ongoing behavioral health administrative services organization
19 funding needed for individuals who do not have medicaid or other
20 insurance coverage.
21(62) $150,000 of the general fund—state appropriation for fiscal
22 year 2026 and $150,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for a one-time grant to a
24 nonprofit organization for start-up costs and to provide services to
25 medicaid clients and uninsured clients in a crisis stabilization
26 facility located in Skagit county.
27     (63) $9,500,000 of the opioid abatement settlement account—state
28 appropriation is provided solely for health engagement hub pilot
29 program sites in accordance with the provisions of chapter 1, Laws of
30 2023 sp. sess. (2E2SSB 5536). The authority may use funding within
31 this subsection to contract for technical assistance and evaluation
32 activities associated with the pilot program.
33(64) $328,000 of the general fund—state appropriation for fiscal
34 year    2026,        $328,000   of    the   general    fund—state       appropriation      for
35 fiscal        year     2027,    and    $656,000       of    the     general    fund—federal
36 appropriation are provided solely for  the   authority    to    implement
37 chapter 360, Laws of 2024 (2SHB 2320).
38(65)    $2,650,000       of    the   general    fund—state       appropriation      for
39 fiscal        year     2026     and    $2,650,000      of     the    general        fund—state
  p. 210  ESSB 5167.SL
1 appropriation for fiscal year 2027 are provided solely for the
2 authority to continue contracts with King county, Kitsap county,
3 Tacoma, Everett, and Spokane for street medicine teams that rapidly
4 assess and address the acute and chronic physical and behavioral
5 health needs of homeless people. The teams must offer integrated,
6 team-based medical, mental health, substance use, and infectious
7 disease treatment and prevention, and navigation and case management
8 services.
9(66)(a)   $250,000   of    the   general    fund—state    appropriation   for
10 fiscal year 2026, $250,000 of the general fund—state appropriation
11 for   fiscal    year   2027,    and    $500,000   of   the   general   fund—federal
12 appropriation are provided solely for the authority to continue work
13 on the behavioral health comparison rate project, including:
14     (i) Developing phase 3 comparison rates for all major medicaid
15 managed care behavioral health services not addressed in phase 1 or
16 phase 2 of the behavioral health comparison rates project or through
17 other work streams; and
18     (ii) Preparing to implement a minimum fee schedule for behavioral
19 health services, including developing solutions to resolve any
20 current data and systems limitations.
21     (b) By October 1, 2025, the authority must provide a final report
22 to the office of financial management and appropriate committees of
23 the legislature that:
24     (i) Summarizes the new comparison rates developed as part of
25 phase 3;
26     (ii) Updates comparison rates developed in phase 1 and phase 2
27 for new salary and wage information based on most current bureau of
28 labor statistics data;
29     (iii) Estimates the cost and other impacts to fee-for-service and
30 managed care of incorporating additional behavioral health services
31 developed as part of phase 3 of the behavioral health comparison
32 rates project into a minimum fee schedule effective January 1, 2027;
33     (iv) Identifies planned actions and funding needs, if any, to
34 resolve any remaining limitations to implement the phase 3 minimum
35 fee schedule by January 1, 2027;
36     (v) Provides additional analysis of variation between the
37 comparison rates developed as part of phase 3 and current payment
38 levels at a service and regional level; and
  p. 211  ESSB 5167.SL
1     (vi) Describes how the authority plans to propose to the
2 legislature implementation of the phase 3 minimum fee schedule by
3 January 1, 2027, to better match medicaid payments to the cost of
4 care.
5     (67) $300,000 of the general fund—state appropriation for fiscal
6 year 2026 is provided solely for the authority to fund the second
7 year of workforce grants to behavioral health agencies contracted
8 with the authority to establish occupational therapy services for
9 behavioral health clients. This funding must be used for establishing
10 and integrating occupational therapy into behavioral health agency
11 programs and operations. Funding may be used for occupational
12 therapist and occupational therapy assistant services, recruitment,
13 training, technical assistance, fieldwork opportunities, and for
14 other approved activities targeted to increase access to occupational
15 therapy services within behavioral health agency settings. The
16 authority must submit a final report to the legislature on the number
17 of patients receiving occupational therapy through this initiative,
18 the programs in which services were provided, and the number and type
19 of fieldwork students trained in each participating behavioral health
20 agency program by January 1, 2027.
21    (68)(a) $81,542,000 of the general fund—state appropriation for
22 fiscal year 2026, $81,729,000 of the general fund—state appropriation
23 for fiscal year 2027, and $167,792,000 of the general fund—federal
24 appropriation are provided solely for supportive supervision and
25 oversight services pursuant to a 1915(i) state plan amendment. For
26 medicaid clients enrolled in managed care, the authority must
27 contract for these services through managed care organizations
28 utilizing an actuarially sound rate structure as established by the
29 authority and approved by the centers for medicare and medicaid
30 services. The authority may not implement a skills development and
31 restoration benefit until funding is provided for that specific
32 purpose. Within these amounts, funding is provided for:
33     (i) Implementing supportive supervision and oversight services in
34 adult family home settings in accordance with and contingent upon
35 execution of the collective bargaining agreement negotiated between
36 the state and the adult family homes and referenced in part IX of
37 this act;
38     (ii) Implementing supportive supervision and oversight services
39 in assisted living and enhanced services facilities settings;
  p. 212  ESSB 5167.SL
1      (iii) Providing reimbursement for the state share of exceptional
2  behavioral health personal care services for individuals who have not
3  transitioned into the new 1915(i) state plan services; and
4      (iv) Administrative costs associated with implementation of the
5  new 1915(i) state plan.
6      (b) Within the amounts provided in this subsection, the authority
7  must assure that managed care organizations reimburse the department
8  of social and health services aging and long term support
9 administration for the general fund—state cost of exceptional
10 behavioral health personal care services for medicaid enrolled
11 individuals who require these services because of a psychiatric
12 disability.
13     (c)(i) Within the amounts provided in this subsection, the
14 authority will convene a task force composed of representatives from
15 the authority, the department of social and health services, and the
16 office of financial management; representatives of adult family home,
17 assisted living, and enhanced services facility providers that serve
18 individuals through the community behavioral health support program;
19 behavioral health advocates; and other key stakeholders. The task
20 force will conduct a comprehensive review of services offered through
21 the community behavioral health support program and the residential
22 services waiver program with the goal of improving system-wide
23 efficiencies, data driven outcomes, and cost effectiveness. The
24 review shall include but not be limited to:
25     (A) Exploration of opportunities for aligning requirements
26 between the community behavioral health support program and the
27 residential service waiver programs to reduce provider administrative
28 burden and conflicting requirements with specific attention provided
29 to value-based patient-centered purchasing models;
30     (B) Establishment of uniform oversight and clear expectations
31 when community behavioral health support program and residential
32 service waiver program services overlap;
33     (C) Creation of a centralized framework for matching participants
34 with complex behavioral health conditions to the most appropriate
35 setting or level of care;
36     (D) Development of outcome metrics and a practical process for
37 gathering outcomes data such as reductions in hospital readmissions,
38 improved quality of life, and other metrics reflective of community
39 stability;
  p. 213  ESSB 5167.SL
1     (E)   Identification   of  opportunities   for    streamlining or
2 consolidation of programs to reduce overlap, ensure simpler referral
3 pathways, and deliver more consistent services across the state's
4 behavioral health continuum; and
5     (F) Cost estimates for options developed by the task force which
6 examine potential costs impacts for both the authority and the
7 department of social and health services and include identification
8 of cost savings and offsets associated with the options presented.
9     (ii) By December 1, 2025, the authority must provide a report to
10 the office of financial management and the appropriate committees of
11 the legislature which includes but is not limited to:
12     (A) A matrix of the community behavioral health support program
13 and other programs at the department of social and health services
14 that provide overlapping services to community behavioral health
15 support program clients which includes identification of the number
16 of individuals being served, the average monthly expenditures at each
17 agency, and the differential eligibility and service requirements for
18 the programs;
19     (B) A summary of the findings and recommendations of the task
20 force;
21     (C) If an amendment of the community behavioral health support
22 state plan amendment is recommended by the task force, specific
23 options identified by the work group for the amendment to reduce
24 provider administrative burden and improve cost effectiveness and
25 client outcomes; and
26     (D) Identification of the estimated costs, risks, benefits, and
27 timeline of implementing the identified recommendations and options.
28    (69)   $1,000,000   of   the   general   fund—state   appropriation   for
29 fiscal   year  2026  and   $1,000,000  of  the  general   fund—state
30 appropriation for fiscal year 2027 are provided solely for grants to
31 tribes to implement the Icelandic model of prevention in their
32 communities.
33     (70) $3,200,000 of the opioid abatement settlement account—state
34 appropriation is provided solely for a tribal opioid prevention
35 campaign to inform and educate tribal communities about opioid misuse
36 prevention, overdose response, and treatment.
37     (71) $5,242,000 of the opioid abatement settlement account—state
38 appropriation is provided solely for the authority to provide grants
  p. 214  ESSB 5167.SL
1 to providers of employment and educational services to individuals
2 with substance use disorder.
3      (72) $3,768,000 of the opioid abatement settlement account—state
4  appropriation is provided solely for the authority to provide opioid
5  treatment services through new opioid treatment providers that were
6  funded through grants pursuant to chapter 1, Laws of 2023 sp. sess.
7  (controlled substances).
8    (73) $297,000 of the general fund—state appropriation for fiscal
9  year 2026, $97,000 of the general fund—state appropriation for fiscal
10 year 2027, and $140,000 of the general fund—federal appropriation are
11 provided solely for implementation of Engrossed Second Substitute
12 House Bill No. 1813 (medical assistance reprocurement). If the bill
13 is not enacted by June 30, 2025, the amounts provided in this
14 subsection shall lapse.
15    (74) $438,000 of the general fund—state appropriation for fiscal
16 year   2026,   $438,000   of   the   general   fund—state   appropriation   for
17 fiscal year 2027, and $284,000 of the general fund—federal
18 appropriation are provided solely for implementation of sections 2
19 and 3 of Second Substitute House Bill No. 1427 (peer support
20 specialists). If the bill is not enacted by June 30, 2025, the
21 amounts provided in this subsection shall lapse.
22    (75) $2,132,000 of the opioid abatement settlement account—state
23 appropriation and $570,000 of the general fund—federal appropriation
24 are provided solely for the authority to contract for a program that
25 provides Washington state emergency departments with real-time
26 medications for opioid use disorder clinical guidance and follow-up
27 appointment scheduling.
28     (76) $1,000,000 of the statewide 988 behavioral health crisis
29 response line account—state appropriation is provided solely for the
30 purchase of electric vans for 988 behavioral health crisis response
31 and suicide prevention mobile rapid response crisis teams and
32 community-based crisis teams endorsed under RCW 71.24.903. Of the
33 amounts provided in this subsection:
34     (a) $700,000 of this amount is for mobile rapid response crisis
35 teams and community-based crisis teams endorsed under RCW 71.24.903;
36 and
37     (b) $300,000 of this amount is for mobile rapid response crisis
38 teams and community-based crisis teams endorsed under RCW 71.24.903
39 that are affiliated with a tribe in Washington state.
  p. 215  ESSB 5167.SL
1     (77) Within amounts appropriated in this section, the authority
2 and the governor's Indian health advisory council must convene tribal
3 representatives to identify the actual local costs for tribes in
4 their provision of substance use disorder services to non-American
5 Indian/Alaska Native medicaid enrollees receiving services in tribal
6 facilities. The authority must submit a report to the office of
7 financial   management  and   the   appropriate  committees  of   the
8 legislature by December 1, 2025, that outlines options and a plan for
9 compensating tribes that is developed through this consultation
10 process that fully compensates tribes for their actual costs of
11 serving   non-American   Indian/Alaska   Native  medicaid   enrollees
12 receiving services in tribal facilities, and must consider and
13 address state and tribal budget impacts.
14     (78) $2,000,000 of the opioid abatement settlement account—state
15 appropriation is provided on a one-time basis solely for the
16 authority to contract for continued operations of the pilot program
17 originally funded in section 215(117), chapter 475, Laws of 2023
18 (ESSB 5187) to reimburse a licensed pediatric transitional care
19 facility in Spokane county to provide neonatal abstinence syndrome
20 services to infants who have prenatal substance exposure.
21    (79) $100,000 of the general fund—state appropriation for fiscal
22 year 2026 and $100,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for the authority to provide a
24 grant to a program in south Seattle providing supportive housing and
25 clinical   services  for   mothers  recovering  from   substance  use
26 disorders, and their children. The program must serve pregnant women
27 or mothers, regardless of age, race, religion, or sexual orientation,
28 who are exiting inpatient substance use disorder treatment facilities
29 and must serve individuals with co-occurring disorders. The program
30 must provide on-site support through a dedicated team that offers
31 daily assistance to help women become as independent as possible
32 while focusing on their recovery and stability.
33    (80) $91,000 of the general fund—state appropriation for fiscal
34 year 2026 and $91,000 of the general fund—state appropriation for
35 fiscal year 2027 are provided solely for implementation of Engrossed
36 Second Substitute Senate Bill No. 5745 (invol. treatment counsel). If
37 the bill is not enacted by June 30, 2025, the amounts provided in
38 this subsection shall lapse.
  p. 216  ESSB 5167.SL
1     (81) Within amounts appropriated in this section, effective
2 January 1, 2026, the authority shall reduce medicaid managed care
3 rates by one percent. Notwithstanding any other proviso in the
4 appropriations act for the current biennium, the authority may adjust
5 existing state directed payments, published fee schedules, or make
6 other administrative changes needed to comply with this subsection.
7     (82) Sufficient amounts are appropriated in this section to
8 maintain increases to medicaid reimbursement for community behavioral
9 health providers contracted through managed care organizations to the
10 extent that they align with subsection (81) of this section. The
11 authority may adjust rates and existing state directed payments to
12 ensure compliance with subsection (81) of this section.
13      (83) The authority shall continue to work with a provider working
14 to reopen a youth behavioral health facility in Clark county to
15 identify a licensing and service delivery pathway that best reflects
16 services delivered through an enhanced model of care for youth
17 residential    substance    use   disorder   treatment   services.   In
18 collaboration    with   the   provider   and   medicaid  managed   care
19 organizations, the authority shall work toward developing an enhanced
20 rate    for  residential    substance  use   disorders  services   that
21 concurrently provide for the diagnosis, treatment, and medication
22 management of co-occurring mental health conditions as part of the
23 substance use disorder treatment plan. The authority shall submit the
24 new rate and cost impact to the office of financial management and
25 the appropriate committees of the legislature no later than December
26 1, 2025, for consideration of funding in the 2026 legislative
27 session.
28     (84) $250,000 of the general fund—state appropriation for fiscal
29 year 2026 and $250,000 of the general fund—state appropriation for
30 fiscal year 2027 are provided solely for the authority to contract
31 with a statewide mental health nonprofit organization that provides
32 free community and school-based mental health education and support
33 programs for consumers and families. The contractor must use this
34 funding to provide access to programs tailored to peers living with
35 mental illness as well as family members of people with mental
36 illness and the community at large. Services provided by the
37 contracted program shall include education, support, and assistance
38 to reduce isolation and help consumers and families understand the
39 services available in their communities.
*Sec. 214 was partially vetoed. See message at end of chapter.
  p. 217  ESSB 5167.SL
1    NEW SECTION.    Sec. 215.    FOR THE HUMAN RIGHTS COMMISSION
2 General Fund—State Appropriation (FY 2026). . . . . . . .  $5,057,000
3 General Fund—State Appropriation (FY 2027). . . . . . . .  $5,079,000
4 General Fund—Federal Appropriation. . . . . . . . . . . . $3,036,000
5TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $13,172,000
6     The appropriations in this section are subject to the following
7 conditions and limitations:
8    (1) $2,000 of the general fund—state appropriation for fiscal
9 year 2026 and $3,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for implementation of Substitute
11 Senate Bill No. 5104 (immigration status coercion). If the bill is
12 not enacted by June 30, 2025, the amounts provided in this subsection
13 shall lapse.
14    (2) $1,000 of the general fund—state appropriation for fiscal
15 year 2026 and $3,000 of the general fund—state appropriation for
16 fiscal year 2027 are provided solely for implementation of Engrossed
17 Substitute Senate Bill No. 5486 (motion picture captioning). If the
18 bill is not enacted by June 30, 2025, the amounts provided in this
19 subsection shall lapse.
20     NEW SECTION.    Sec. 216.      FOR THE BOARD OF INDUSTRIAL INSURANCE
21 APPEALS
22 Worker and Community Right to Know Fund—State
23     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $10,000
24 Accident Account—State Appropriation. . . . . . . . . . . $28,144,000
25 Medical Aid Account—State Appropriation. . . . . . . . .  $28,141,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $56,295,000
27    The appropriations in this section are subject to the following
28 conditions and limitations: $100,000 of the accident account—state
29 appropriation and $102,000 of the medical aid account—state
30 appropriation are provided solely for implementation of Senate Bill
31 No. 5463 (industrial insurance/duties). If the bill is not enacted by
32 June 30, 2025, the amounts provided in this subsection shall lapse.
33     NEW SECTION.     Sec.   217.     FOR    THE   CRIMINAL   JUSTICE   TRAINING
34 COMMISSION
35 General Fund—State Appropriation (FY 2026). . . . . . . . $58,806,000
36 General Fund—State Appropriation (FY 2027). . . . . . . . $58,222,000
  p. 218  ESSB 5167.SL
1 General Fund—Private/Local Appropriation. . . . . . . . . $12,977,000
2 Death Investigations Account—State Appropriation. . . . .     $1,720,000
3 Municipal Criminal Justice Assistance Account—State
4     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $460,000
5 Supplemental Criminal Justice Account—State
6     Appropriation. . . . . . . . . . . . . . . . . . . .    $100,000,000
7 Washington Auto Theft Prevention Authority Account—
8    State Appropriation. . . . . . . . . . . . . . . . . .     $7,167,000
9 Washington Internet Crimes Against Children Account—
10     State Appropriation. . . . . . . . . . . . . . . . . .    $2,270,000
11 24/7 Sobriety Account—State Appropriation. . . . . . . . . . $20,000
12TOTAL APPROPRIATION. . . . . . . . . . . . . . . $241,642,000
13     The appropriations in this section are subject to the following
14 conditions and limitations:
15     (1) The criminal justice training commission may not run a basic
16 law enforcement academy class of fewer than 30 students.
17     (2) Funding in this section is sufficient for 75 percent of the
18 costs of providing 23 statewide basic law enforcement trainings in
19 each fiscal year 2026 and fiscal year 2027. The criminal justice
20 training commission must schedule its funded classes to minimize wait
21 times throughout each fiscal year and meet statutory wait time
22 requirements. The criminal justice training commission must track and
23 report the average wait time for students at the beginning of each
24 class and provide the findings in an annual report to the legislature
25 due in December of each year. Each year, at least two classes must be
26 held in Spokane, two classes must be held in Vancouver, two classes
27 must be held in Arlington, and two classes must be held in Pasco.
28    (3) $1,312,000 of the general fund—state appropriation for fiscal
29 year 2026, $1,306,000 of the general fund—state appropriation for
30 fiscal year 2027, and $870,000 of the general fund—private/local
31 appropriation are provided solely for the commission to conduct four
32 additional corrections officer academy classes. These classes may be
33 conducted at the corrections officer academy in Burien or at one of
34 the   regional  training  academies,  located   in  Spokane,  Pasco,
35 Vancouver, or Arlington.
36    (4) $290,000 of the general fund—state appropriation for fiscal
37 year 2026 and $290,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for academy training for limited
39 authority Washington peace officers employed by the Washington state
  p. 219  ESSB 5167.SL
1 gambling commission, Washington state liquor and cannabis board,
2 Washington state parks and recreation commission, department of
3 natural resources, and the office of the insurance commissioner.
4     (a) Up to 30 officers must be admitted to attend the basic law
5 enforcement academy and up to 30 officers must be admitted to attend
6 basic law enforcement equivalency academy.
7     (b) Allocation of the training slots amongst the agencies must be
8 based on the earliest application date to the commission. Training
9 does not need to commence within six months of employment.
10     (c) The state agencies must reimburse the commission for the
11 actual cost of training.
12     (5)   $1,598,000  of   the  death   investigations  account—state
13 appropriation is provided solely for the commission to provide 240
14 hours of medicolegal forensic investigation training to coroners and
15 medical examiners to meet the recommendations of the national
16 commission on forensic science for certification and accreditation.
17     (6) $346,000 of the general fund—state appropriation for fiscal
18 year 2026 is provided solely for implementation of chapter 321, Laws
19 of 2021 (officer duty to intervene).
20    (7) $30,000 of the general fund—state appropriation for fiscal
21 year 2026 and $30,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for additional grants to local
23 jurisdictions to investigate instances where a purchase or transfer
24 of a firearm was attempted by an individual who is prohibited from
25 owning or possessing a firearm.
26    (8) $2,500,000 of the general fund—state appropriation for fiscal
27 year 2026 and $2,500,000 of the general fund—state appropriation for
28 fiscal year 2027 are provided solely for the criminal justice
29 training commission to provide grant funding to local law enforcement
30 agencies to support law enforcement wellness programs. Of the amount
31 provided in this subsection:
32    (a) $1,500,000 of the general fund—state appropriation for fiscal
33 year 2026 and $1,500,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely for the commission to provide
35 grants to local law enforcement and corrections agencies for the
36 purpose of establishing officer wellness programs. Grants provided
37 under this subsection may be used for, but not limited to building
38 resilience, injury prevention, peer support programs, physical
39 fitness, proper nutrition, stress management, suicide prevention, and
  p. 220  ESSB 5167.SL
1  physical or behavioral health services. The commission must consult
2  with a representative from the Washington association of sheriffs and
3  police chiefs and a representative of the Washington state fraternal
4  order of police and the Washington council of police and sheriffs in
5  the development of the grant program.
6    (b) $1,000,000 of the general fund—state appropriation for fiscal
7 year 2026 and $1,000,000 of the general fund—state appropriation for
8 fiscal year 2027 are provided solely for the Washington association
9 of sheriffs and police chiefs to establish and coordinate an online
10 or mobile-based application for any Washington law enforcement
11 officer; 911 operator or dispatcher; and any other current or retired
12 employee of a Washington law enforcement agency, and their families,
13 to   anonymously  access   on-demand  wellness   techniques,  suicide
14 prevention, resilience, physical fitness, nutrition, and other
15 behavioral health and wellness supports.
16     (9) $2,270,000 of the Washington internet crimes against children
17 account—state appropriation is provided solely for the implementation
18 of chapter 84, Laws of 2015.
19    (10)   $5,000,000   of   the   general   fund—state   appropriation   for
20 fiscal   year  2026   and  $5,000,000 of the  general  fund—state
21 appropriation for fiscal year 2027 are provided to the Washington
22 association of sheriffs and police chiefs solely to verify the
23 address and residency of registered sex offenders and kidnapping
24 offenders under RCW 9A.44.130.
25    (11)   $4,000,000   of   the   general   fund—state   appropriation   for
26 fiscal   year  2026   and  $4,000,000   of  the   general  fund—state
27 appropriation for fiscal year 2027 are provided solely for the mental
28 health field response team program administered by the Washington
29 association of sheriffs and police chiefs. The association must
30 distribute $7,000,000 in grants to the phase one, phase two, and
31 phase three regions as outlined in the settlement agreement under
32 Trueblood, et. al. v. Department of Social and Health Services, et.
33 al., U.S. District Court-Western District, Cause No. 14-cv-01178-MJP.
34 The association must submit an annual report to the Governor and
35 appropriate committees of the legislature by September 1st of each
36 year of the biennium. The report shall include best practice
37 recommendations on law enforcement and behavioral health field
38 response and include outcome measures on all grants awarded.
  p. 221  ESSB 5167.SL
1    (12) $899,000 of the general fund—state appropriation for fiscal
2 year 2026 and $899,000 of the general fund—state appropriation for
3 fiscal year 2027 are provided solely for crisis intervention training
4 for the phase one, phase two, and phase three regions as outlined in
5 the settlement agreement under Trueblood, et. al. v. Department of
6 Social and Health Services, et. al., U.S. District Court-Western
7 District, Cause No. 14-cv-01178-MJP.
8     (13) $300,000 of the general fund—state appropriation for fiscal
9 year 2026 and $300,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for the administration of the
11 firearms certificate program. The commission will raise the fees for
12 the program so that revenues collected by the program match these
13 expenditures.
14    (14) $401,000 of the general fund—state appropriation for fiscal
15 year 2026 and $378,000 of the general fund—state appropriation for
16 fiscal year 2027 are provided solely for additional staff to improve
17 the delays in review and investigation of officer certification
18 complaint cases.
19     (15) $50,000 of the general fund—state appropriation for fiscal
20 year 2026 and $60,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for implementation of Second
22 Substitute Senate Bill No. 5356 (criminal justice training). If the
23 bill is not enacted by June 30, 2025, the amounts provided in this
24 subsection shall lapse.
25     (16) Within existing resources, the commission must produce a
26 report detailing the expenditures of each agency that receives
27 allocations from the Washington auto theft prevention authority
28 account for fiscal year 2023, 2024, and 2025. The report must include
29 documentation of how expenditures were used in accordance with RCW
30 46.66.080 and recommendations based on outcomes from prior years'
31 expenditures for how funds from the account can be used to most
32 effectively prevent auto theft. The report must be submitted to the
33 office of financial management, the governor, and the legislature by
34 October 1, 2025.
35     (17) $330,000 of the general fund—state appropriation for fiscal
36 year 2026, $305,000 of the general fund—state appropriation for
37 fiscal year 2027, and $100,000,000 of the supplemental criminal
38 justice   account—state  appropriation  are  provided  solely  for
39 implementation of Engrossed Substitute House Bill No. 2015 (public
  p. 222  ESSB 5167.SL
1 safety funding). If the bill is not enacted by June 30, 2025, the
2 amounts provided in this subsection shall lapse.
3     NEW SECTION.        Sec.   218.       FOR    THE     OFFICE     OF    INDEPENDENT
4 INVESTIGATIONS
5 General Fund—State Appropriation (FY 2026). . . . . . . . $14,663,000
6 General Fund—State Appropriation (FY 2027). . . . . . . . $14,801,000
7TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $29,464,000
8     *NEW SECTION.       Sec.   219.     FOR     THE    DEPARTMENT    OF    LABOR   AND
9 INDUSTRIES
10 General Fund—State Appropriation (FY 2026). . . . . . . . $22,076,000
11 General Fund—State Appropriation (FY 2027). . . . . . . . $18,363,000
12 General Fund—Federal Appropriation. . . . . . . . . . . . $13,271,000
13 Asbestos Account—State Appropriation. . . . . . . . . . . .  $641,000
14 Electrical License Account—State Appropriation. . . . . . $80,496,000
15 Farm Labor Contractor Account—State Appropriation. . . . . .  $28,000
16 Opioid Abatement Settlement Account—State
17     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $250,000
18 Worker and Community Right to Know Fund—State
19     Appropriation. . . . . . . . . . . . . . . . . . . . .  $1,164,000
20 Construction Registration Inspection Account—State
21     Appropriation. . . . . . . . . . . . . . . . . . . .  $32,435,000
22 Public Works Administration Account—State
23     Appropriation. . . . . . . . . . . . . . . . . . . .  $16,462,000
24 Manufactured Home Installation Training Account—
25     State Appropriation. . . . . . . . . . . . . . . . . . .  $470,000
26 Accident Account—State Appropriation. . . . . . . . . .  $471,876,000
27 Accident Account—Federal Appropriation. . . . . . . . . . $20,183,000
28 Medical Aid Account—State Appropriation. . . . . . . . . $441,793,000
29 Medical Aid Account—Federal Appropriation. . . . . . . . . $3,960,000
30 Plumbing Certificate Account—State Appropriation. . . . .  $3,694,000
31 Pressure Systems Safety Account—State Appropriation. . . . $5,202,000
32TOTAL APPROPRIATION. . . . . . . . . . . . . . $1,132,364,000
33     The appropriations in this section are subject to the following
34 conditions and limitations:
35     (1) $8,952,000 of the accident account—state appropriation and
36 $8,952,000   of   the   medical   aid    account—state        appropriation        are
  p. 223  ESSB 5167.SL
1 provided solely for the labor and industries workers' compensation
2 information system replacement project and is subject to the
3 conditions, limitations, and review provided in section 701 of this
4 act. The department must:
5     (a) Submit quarterly data within 30 calendar days of the end of
6 each quarter on:
7     (i) The quantifiable deliverables accomplished and the amount
8 spent by each deliverable in each of the following subprojects:
9     (A) Business readiness;
10     (B) Change readiness;
11     (C) Commercial off the shelf procurement;
12     (D) Customer access;
13     (E) Program foundations;
14     (F) Independent assessment; and
15     (G) In total by fiscal year;
16     (ii) All of the quantifiable deliverables accomplished by
17 subprojects identified in (a)(i)(A) through (F) of this subsection
18 and in total and the associated expenditures by each deliverable by
19 fiscal month;
20     (iii) The contract full time equivalent charged by subprojects
21 identified in (a)(i)(A) through (F) of this subsection, and in total,
22 compared to the budget spending plan by month for each contracted
23 vendor and what the ensuing contract equivalent budget spending plan
24 by subprojects identified in (a)(i)(A) through (F) of this
25 subsection, and in total, assumes by fiscal month;
26     (iv) The performance metrics by subprojects identified in
27 (a)(i)(A) through (F) of this subsection, and in total, that are
28 currently used, including monthly performance data; and
29     (v) The risks identified independently by at least the quality
30 assurance vendor and Washington technology solutions, and how the
31 project:
32     (A) Has mitigated each risk; and
33     (B) Is working to mitigate each risk, and when it will be
34 mitigated; and
35     (b) Submit the report in (a) of this subsection to fiscal and
36 policy committees of the legislature.
37    (2)   $258,000   of   the   accident   account—state   appropriation   and
38 $258,000 of the medical aid account—state appropriation are provided
39 solely for the department of labor and industries safety and health
40 assessment research for prevention program to conduct research to
  p. 224  ESSB 5167.SL
1 prevent the types of work-related injuries that require immediate
2 hospitalization. The department will develop and maintain a tracking
3 system to identify and respond to all immediate in-patient
4 hospitalizations and will examine incidents in defined high-priority
5 areas, as determined from historical data and public priorities. The
6 research must identify and characterize hazardous situations and
7 contributing factors using epidemiological, safety-engineering, and
8 human factors/ergonomics methods. The research must also identify
9 common factors in certain types of workplace injuries that lead to
10 hospitalization. The department must submit a report to the governor
11 and appropriate legislative committees no later than August 30th of
12 each year of the fiscal biennium summarizing work-related immediate
13 hospitalizations and prevention opportunities, actions that employers
14 and workers can take to make workplaces safer, and ways to avoid
15 severe injuries.
16    (3)(a) $1,700,000 of the general fund—state appropriation for
17 fiscal   year  2026   and  $1,700,000   of  the   general  fund—state
18 appropriation for fiscal year 2027 are provided solely for grants to
19 promote workforce development in aerospace and aerospace related
20 supply chain industries by: Expanding the number of registered
21 apprenticeships, preapprenticeships, and aerospace-related programs;
22 and providing support for registered apprenticeships or programs in
23 aerospace and aerospace-related supply chain industries.
24     (b) Grants awarded under this section may be used for:
25     (i) Equipment upgrades or new equipment purchases for training
26 purposes;
27     (ii) New training space and lab locations to support capacity
28 needs and expansion of training to veterans and veteran spouses, and
29 underserved populations;
30     (iii) Curriculum development and instructor training for industry
31 experts;
32     (iv) Tuition assistance for degrees in engineering and high-
33 demand degrees that support the aerospace industry; and
34     (v) Funding to increase capacity and availability of child care
35 options for shift work schedules.
36     (c) An entity is eligible to receive a grant under this
37 subsection if it is a nonprofit, nongovernmental, or institution of
38 higher education that provides training opportunities, including
39 apprenticeships,    preapprenticeships,     preemployment   training,
40 aerospace-related degree programs, or incumbent worker training to
  p. 225  ESSB 5167.SL
1  prepare workers for the aerospace and aerospace-related supply chain
2  industries.
3      (d) The department may use up to 5 percent of these funds for
4  administration of these grants.
5    (4) $500,000 of the general fund—state appropriation for fiscal
6  year 2026 and $500,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for the crime victims'
8 compensation program to pay for medical exams for suspected victims
9 of domestic violence. Neither the hospital, medical facility, nor
10 victim is to pay for the cost of the medical exam. This funding must
11 not supplant existing funding for sexual assault medical exams. If
12 the cost of medical exams exceeds the funding provided in this
13 subsection, the program shall not reduce the reimbursement rates for
14 medical providers seeking reimbursement for other claimants, and
15 instead the program shall return to paying for domestic violence
16 medical exams after insurance.
17     (5) $250,000 of the opioid abatement settlement account—state
18 appropriation is provided solely for the department to analyze
19 patients who are maintained on chronic opioids. The department must
20 submit an annual report of its findings to the governor and the
21 appropriate committees of the legislature no later than October 1st
22 of each year of the fiscal biennium. The report shall include
23 analysis of patient data, describing the characteristics of patients
24 who are maintained on chronic opioids and their clinical needs, and a
25 preliminary evaluation of potential interventions to improve care and
26 reduce harms in this population.
27     (6) $1,406,000 of the public works administration account—state
28 appropriation for fiscal year 2026 is provided solely for the final
29 year of system improvements to the prevailing wage program
30 information technology system. This project is subject to the
31 conditions, limitations, and review provided in section 701 of this
32 act.
33     (7) $205,000 of the general fund—state appropriation for fiscal
34 year 2026 is provided solely to continue conducting a four-year
35 retention study of state registered apprentices as provided in
36 chapter 156, Laws of 2022 (apprenticeship programs). The study shall
37 include the collection of data from all apprentices three months into
38 their apprenticeship to understand challenges and barriers they face
39 towards program participation. The aggregate data by trade must be
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1 displayed on a publicly available dashboard. Study data must be
2 provided with apprenticeship coordinators to implement an early
3 response to connect apprentices with needed supports. The department
4 shall submit an annual report to the governor and appropriate
5 legislative committees on June 30, 2026, and June 30, 2027.
6    (8) $2,879,000 of the accident account—state appropriation and
7 $2,309,000 of the medical aid account—state appropriation are
8 provided solely to expand access to worker rights and safety
9 information for workers with limited English proficiency (LEP)
10 through outreach and translation of safety-related information,
11 training, and other materials. $2,000,000 of the amount provided in
12 this subsection is provided solely for grants to community-based
13 organizations to provide workplace rights and safety outreach to
14 underserved workers.
15     (9) $946,000 of the public works administration account—state
16 appropriation is provided solely for implementation of chapter 342,
17 Laws of 2023 (apprenticeship utilization).
18    (10) $1,072,000 of the accident account—state appropriation and
19 $187,000 of the medical aid account—state appropriation are provided
20 solely to create an effective information technology solution
21 necessary for the implementation of chapter 145, Laws of 2023 (fire-
22 resistant materials).
23    (11) $200,000 of the medical aid account—state appropriation and
24 $200,000 of the accident account—state appropriation are provided
25 solely for the staffing of a resolution process for complaints
26 regarding light duty work under Title 51 RCW.
27    (12) $1,044,000 of the accident account—state appropriation and
28 $183,000 of the medical account—state appropriation are provided
29 solely for implementation of chapter 250, Laws of 2024 (adult
30 entertainment workers).
31     (13) $1,840,000 of the accident account—state appropriation and
32 $1,838,000   of   the   medical    aid    account—state
  appropriation are
33 provided solely for claims management staffing to expand capacity to
34 reduce claims caseload, effective July 1, 2025.
35    (14) $3,477,000 of the accident account—state appropriation and
36 $614,000 of the medical aid account—state appropriation are provided
37 solely for wage payment  act,    retaliation,     child   labor, and
38 determinations, and fiscal        units   staffing to     expand   capacity to
  p. 227  ESSB 5167.SL
1 conduct timely worker complaint investigations, effective July 1,
2 2025.
3     (15) $1,495,000 of the construction registration inspection
4 account—state appropriation is provided solely for implementation of
5 chapter 213, Laws of 2023 (contractor consumer protection).
6    (16) $1,203,000 of the accident account—state appropriation and
7 $217,000 of the medical aid account—state appropriation are provided
8 solely for implementation of Engrossed Substitute Senate Bill No.
9 5023 (domestic workers). If the bill is not enacted by June 30, 2025,
10 the amounts provided in this subsection shall lapse.
11    (17) $126,000 of the accident account—state appropriation and
12 $24,000 of the medical aid account—state appropriation are provided
13 solely for implementation of Substitute Senate Bill No. 5101 (worker
14 leave/hate crimes). If the bill is not enacted by June 30, 2025, the
15 amounts provided in this subsection shall lapse.
16    (18) $636,000 of the accident account—state appropriation and
17 $113,000 of the medical aid account—state appropriation are provided
18 solely for implementation of Substitute Senate Bill No. 5104
19 (immigration status coercion). If the bill is not enacted by June 30,
20 2025, the amounts provided in this subsection shall lapse.
21    (19)   $4,000   of   the   accident   account—state   appropriation   and
22 $1,000 of the medical aid account—state appropriation are provided
23 solely for implementation of Substitute Senate Bill No. 5408 (wage
24 and salary disclosures). If the bill is not enacted by June 30, 2025,
25 the amounts provided in this subsection shall lapse.
26    (20) $608,000 of the accident account—state appropriation and
27 $605,000 of the medical aid account—state appropriation are provided
28 solely for implementation of Senate Bill No. 5463 (industrial
29 insurance/duties). If the bill is not enacted by June 30, 2025, the
30 amounts provided in this subsection shall lapse.
31    (21) $818,000 of the accident account—state appropriation and
32 $144,000 of the medical aid account—state appropriation are provided
33 solely for implementation of Substitute Senate Bill No. 5501
34 (employee driving requirement). If the bill is not enacted by June
35 30, 2025, the amounts provided in this subsection shall lapse.
36    (22) $50,000 of the general fund—state appropriation for fiscal
37 year 2026 and $50,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for a grant to an organization
39 in Pierce county experienced in providing peer-to-peer training to
  p. 228  ESSB 5167.SL
1 continue implementation of a program aimed at reducing workplace
2 sexual harassment in the agricultural sector. The department may use
3 up to five percent of the amount provided in this subsection for
4 administration of this grant. The organization receiving the grant
5 must:
6     (a) Continue peer-to-peer trainings for farmworkers in Yakima
7 county and expand to provide peer-to-peer trainings for farmworkers
8 in Grant and Benton counties;
9     (b) Support an established network of peer trainings as
10 farmworker leaders, whose primary purpose is to prevent workplace
11 sexual harassment and assault through leadership, education, and
12 other tools; and
13     (c) Share best practices from the peer-to-peer model at a
14 statewide conference for farmworkers, industry representatives, and
15 advocates.
16    (23) $1,213,000 of the accident account—state appropriation and
17 $213,000 of the medical aid account—state appropriation are provided
18 solely for implementation of Engrossed Second Substitute Senate Bill
19 No. 5217 (pregnancy accommodations). If the bill is not enacted by
20 June 30, 2025, the amounts provided in this subsection shall lapse.
21     (24) $350,000 of the general fund—state appropriation for fiscal
22 year 2026 is provided solely to support the underground economy task
23 force created in section 906, chapter 376, Laws of 2024.
24    (25) $4,420,000 of the accident account—state appropriation and
25 $780,000 of the medical aid account—state appropriation are provided
26 solely for the department, in coordination with the Washington state
27 apprenticeship council, to administer, amend, or extend current or
28 new grants to continue the growth of behavioral health apprenticeship
29 programs. Grants may be awarded for provider implementation costs,
30 apprentice tuition and stipend costs, curriculum development, and
31 program administration. Grant awardees must use a minimum of one-half
32 of amounts provided to compensate behavioral health providers for
33 employer implementation costs including mentor wage differentials,
34 related instruction wages, and administrative costs. In awarding this
35 funding, special preference must be given to entities with experience
36 in implementation of behavioral health sector apprenticeships and
37 labor-management partnerships. By June 30, 2027, and June 30, 2028,
38 grantees must report to the department on the number of individuals
39 that were recruited and upskilled in the preceding fiscal year. The
  p. 229  ESSB 5167.SL
1 department may use up to five percent of the amount provided in this
2 subsection for administration of these grants.
3     (26) $850,000 of the accident account—state appropriation and
4  $150,000 of the medical aid account—state appropriation are provided
5  solely for the department, in coordination with the Washington state
6  apprenticeship training council, to administer, amend, or extend
7 current or new grants to address the behavioral health workforce
8 shortage through behavioral health preapprenticeship and behavioral
9 health entry level training, including nursing assistant certified
10 programs. Grants may cover program costs including, but not limited
11 to, provider implementation costs, apprentice tuition and stipend
12 costs, curriculum development, and program administration. In
13 awarding this funding, special preference must be given to entities
14 with experience in implementation of behavioral health sector
15 apprenticeships and labor-management partnerships. By June 30, 2026,
16 and June 30, 2027, grantees must report to the department on the
17 number of individuals that were recruited and upskilled in the
18 preceding fiscal year. The department may use up to five percent of
19 the amount provided in this subsection for administration of these
20 grants.
21    (27) $56,000 of the general fund—state appropriation for fiscal
22 year 2026 and $59,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for implementation of chapter
24 298, Laws of 2024 (supporting victims of human trafficking and sexual
25 abuse).
26    (28) $250,000 of the medical aid account—state appropriation and
27 $250,000 of the accident account—state appropriation are provided
28 solely for the department of labor and industries safety and health
29 assessment and research for prevention program to conduct research to
30 address the high injury rates of the janitorial workforce. The
31 research must quantify the physical demands of common janitorial work
32 tasks and assess the safety and health needs of janitorial workers.
33 The research must also identify potential risk factors associated
34 with increased risk of injury in the janitorial workforce and measure
35 workload based on the strain janitorial work tasks place on janitors'
36 bodies. The department must conduct interviews with janitors and
37 their employers to collect information on risk factors, identify the
38 tools, technologies, and methodologies used to complete work, and
39 understand the safety culture and climate of the industry. The
  p. 230  ESSB 5167.SL
1 department must produce annual progress reports through the year 2025
2 or until the tools are fully developed and deployed. The annual
3 progress report must be submitted to the governor and legislature by
4 December 1st of each year such report is due.
5     (29) The department shall promptly notify the office of the
6 attorney general upon the receipt of a request from or on behalf of a
7 federal agency or a federal, state, or local law enforcement
8 authority for health care information, as defined in RCW 70.02.010,
9 program eligibility information for individuals, information that may
10 identify a health care provider's or facility's delivery of health
11 care services to noncitizens, or the delivery of protected health
12 care services as defined in RCW 7.115.010 where the request may
13 impact expenditures for such services. The department of labor and
14 industries shall require contracted entities to notify the department
15 of labor and industries promptly upon receipt of a request from a
16 federal agency or law enforcement authority as described in this
17 subsection.
18    (30) $3,774,000 of the accident account—state appropriation and
19 $890,000 of the medical aid account—state appropriation are provided
20 solely for the creation of an agriculture compliance unit within the
21 division of occupational safety and health. The compliance unit will
22 perform compliance inspections and provide bilingual outreach to
23 agricultural workers and employers.
24     (31) $1,642,000 of the medical aid account—state appropriation is
25 provided solely to cover the overhead rent costs to increase the
26 number of labor and industry vocational specialists embedded in
27 WorkSource offices and to implement a comprehensive quality-assurance
28 team to ensure the continuous improvement of vocational services for
29 injured workers through the workers' compensation program.
30    (32) $639,000 of the accident account—state appropriation and
31 $157,000 of the medical aid account—state appropriation are provided
32 solely for implementation of Second Substitute House Bill No. 1524
33 (isolated employees). If the bill is not enacted by June 30, 2025,
34 the amounts provided in this subsection shall lapse.
35    (33)   $85,000   of   the   accident   account—state   appropriation   and
36 $15,000 of the medical aid account—state appropriation are provided
37 solely for implementation of Substitute House Bill No. 1879 (hospital
38 worker breaks). If the bill is not enacted by June 30, 2025, the
39 amounts provided in this subsection shall lapse.
  p. 231  ESSB 5167.SL
1     (34) $1,251,000 of the public works administration account—state
2 appropriation is provided solely for implementation of Engrossed
3 Second Substitute House Bill No. 1549 (responsible bidder criteria).
4 If the bill is not enacted by June 30, 2025, the amount provided in
5 this subsection shall lapse.
6     (35)     $197,000     of    the    electrical      license   account—state
7 appropriation, $136,000 of the accident account—state appropriation,
8 and $24,000 of the medical aid account—state appropriation are
9 provided solely for implementation of Engrossed Substitute House Bill
10 No. 1533 (specialty electricians). If the bill is not enacted by June
11 30, 2025, the amounts provided in this subsection shall lapse.
12     (36) $255,000 of the accident account—state appropriation and
13 $254,000 of the medical aid account—state appropriation are provided
14 solely for implementation of Second Substitute House Bill No. 1788
15 (worker's compensation). If the bill is not enacted by June 30, 2025,
16 the amounts provided in this subsection shall lapse.
17     (37) $1,031,000 of the accident account—state appropriation and
18 $180,000 of the medical aid account—state appropriation are provided
19 solely for implementation of Engrossed Substitute House Bill No. 1644
20 (working minor). If the bill is not enacted by June 30, 2025, the
21 amounts provided in this subsection shall lapse.
22     (38) $269,000 of the accident account—state appropriation and
23 $46,000 of the medical aid account—state appropriation are provided
24 solely for implementation of Engrossed Substitute House Bill No. 1875
25 (sick leave/immigration). If the bill is not enacted by June 30,
26 2025, the amounts provided in this subsection shall lapse.
*Sec. 219 was partially vetoed. See message at end of chapter.
27     NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF VETERANS AFFAIRS
28     (1) The appropriations in this section are subject to the
29 following conditions and limitations:
30     (a) The department of veterans affairs shall not initiate any
31 services that will require expenditure of state general fund moneys
32 unless expressly authorized in this act or other law. The department
33 may seek, receive, and spend, under RCW 43.79.260 through 43.79.282,
34 federal moneys that are unrelated to the coronavirus response and not
35 anticipated in this act as long as the federal funding does not
36 require expenditure of state moneys for the program in excess of
37 amounts anticipated in this act. If the department receives
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1 unanticipated unrestricted federal moneys that are unrelated to the
2 coronavirus response, those moneys must be spent for services
3 authorized in this act or in any other legislation that provides
4 appropriation authority, and an equal amount of appropriated state
5 moneys shall lapse. Upon the lapsing of any moneys under this
6 subsection, the office of financial management shall notify the
7 legislative   fiscal  committees.   As   used  in   this  subsection,
8 "unrestricted federal moneys" includes block grants and other funds
9 that federal law does not require to be spent on specifically defined
10 projects or matched on a formula basis by state funds.
11     (b) Each year, there is fluctuation in the revenue collected to
12 support the operation of the state veteran homes. When the department
13 has foreknowledge that revenue will decrease, such as from a loss of
14 census or from the elimination of a program, the legislature expects
15 the department to make reasonable efforts to reduce expenditures in a
16 commensurate manner and to demonstrate that it has made such efforts.
17 In response to any request by the department for general fund—state
18 appropriation to backfill a loss of revenue, the legislature shall
19 consider the department's efforts in reducing its expenditures in
20 light of known or anticipated decreases to revenues.
21     (2) HEADQUARTERS
22 General Fund—State Appropriation (FY 2026). . . . . . . .     $5,001,000
23 General Fund—State Appropriation (FY 2027). . . . . . . .     $5,031,000
24 Charitable, Educational, Penal, and Reformatory
25     Institutions Account—State Appropriation. . . . . . . . . $10,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $10,042,000
27     (3) FIELD SERVICES
28 General Fund—State Appropriation (FY 2026). . . . . . . . $10,759,000
29 General Fund—State Appropriation (FY 2027). . . . . . . . $11,204,000
30 General Fund—Federal Appropriation. . . . . . . . . . . .     $8,834,000
31 General Fund—Private/Local Appropriation. . . . . . . . .     $6,547,000
32 Veteran Estate Management Account—Private/Local
33     Appropriation. . . . . . . . . . . . . . . . . . . . . . $719,000
34TOTAL APPROPRIATION. . . . . . . . . . . . . . .   $38,063,000
35     The appropriations in this subsection       are   subject   to   the
36 following conditions and limitations:
37     (a) $1,020,000 of the general fund—state appropriation for fiscal
38 year 2026 and $900,000 of the general fund—state appropriation for
  p. 233  ESSB 5167.SL
1 fiscal year 2027 are provided solely for the department to contract
2 for veteran service officers.
3     (i) Of the amounts provided in this subsection (3)(a), $750,000
4 of the general fund—state appropriation for fiscal year 2026 and
5 $750,000 of the general fund—state appropriation for fiscal year 2027
6 are provided solely to support one veteran service officer position
7 in each of the following counties: Walla Walla, Clallam, Stevens,
8 Asotin, and Skamania.
9     (ii) Of the amounts provided in this subsection (3)(a), $270,000
10 of the general fund—state appropriation for fiscal year 2026 and
11 $150,000 of the general fund—state appropriation for fiscal year 2027
12 are provided solely to support two veteran service officer positions
13 in Island county.
14    (4) STATE VETERANS HOMES PROGRAM
15 General Fund—State Appropriation (FY 2026). . . . . . . . $16,710,000
16 General Fund—State Appropriation (FY 2027). . . . . . . . $17,786,000
17 General Fund—Federal Appropriation. . . . . . . . . . .   $159,652,000
18 General Fund—Private/Local Appropriation. . . . . . . . . $21,757,000
19TOTAL APPROPRIATION. . . . . . . . . . . . . . . $215,905,000
20     The appropriations in this subsection are subject to the
21 following conditions and limitations:
22     (a) If the department receives additional unanticipated federal
23 resources that are unrelated to the coronavirus response at any point
24 during the remainder of the 2025-2027 fiscal biennium, an equal
25 amount of general fund—state must be placed in unallotted status so
26 as not to exceed the total appropriation level specified in this
27 subsection. The department may submit as part of the policy level
28 budget submittal documentation required by RCW 43.88.030 a request to
29 maintain the general fund—state resources that were unallotted as
30 required by this subsection.
31     (b) Appropriations have been adjusted in this section to reflect
32 anticipated changes in state, federal, and local resources as a
33 result of census changes. The department shall incorporate these
34 adjustments in the governor's projected maintenance level budget
35 required in RCW 43.88.030.
36    (5) CEMETERY SERVICES
37 General Fund—State Appropriation (FY 2026). . . . . . . . .   $188,000
38 General Fund—State Appropriation (FY 2027). . . . . . . . .   $207,000
  p. 234  ESSB 5167.SL
1  General Fund—Federal Appropriation. . . . . . . . . . . .    $1,042,000
2TOTAL APPROPRIATION. . . . . . . . . . . . . . . .   $1,437,000
3     NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF HEALTH
4     (1) The appropriations to the department of health in this act
5 shall be expended for the programs and in the amounts specified in
6 this act. Appropriations made in this act to the department of health
7 shall initially be allotted as required by this act. Subsequent
8 allotment modifications shall not include transfers of moneys between
9 sections of this act except as expressly provided in this act, nor
10 shall allotment modifications permit moneys that are provided solely
11 for a specified purpose to be used for other than that purpose.
12     (2)(a) The appropriations to the department of health in this act
13 must be expended for the programs and in the amounts specified in
14 this act, except as provided in (i) and (ii) of this subsection
15 (2)(a):
16     (i) After May 1, 2026, unless prohibited by this act, the
17 department may transfer general fund—state appropriations for fiscal
18 year 2026 among programs and subprograms after approval by the
19 director of the office of financial management. However, the
20 department may not transfer state appropriations that are provided
21 solely for a specified purpose except as expressly provided in (b) of
22 this subsection.
23     (ii) After May 1, 2027, unless prohibited by this act, the
24 department may transfer general fund—state appropriations for fiscal
25 year 2027 and appropriations for the 2025–2027 fiscal biennium among
26 programs and subprograms after approval by the director of the office
27 of financial management. However, the department may not transfer
28 appropriations that are provided solely for a specified purpose
29 except as expressly provided in (b) of this subsection.
30     (b) To the extent that transfers under (a) of this subsection are
31 insufficient to fund actual expenditures, the department may transfer
32 appropriations that are provided solely for a specified purpose. The
33 department may not transfer funds, and the director of the office of
34 financial management may not approve the transfer, unless the
35 transfer is consistent with the objective of conserving, to the
36 maximum extent possible, the expenditure of state funds. The director
37 of the office of financial management shall notify the appropriate
38 fiscal committees of the legislature in writing seven days prior to
  p. 235  ESSB 5167.SL
1 approving any allotment modifications or transfers under this
2 subsection. The written notification shall include a narrative
3 explanation and justification of the changes, along with expenditures
4 and allotments by budget unit and appropriation, both before and
5 after any allotment modifications or transfers.
6     (c) Within 30 days after the close of fiscal year 2026, the
7 department must provide the office of financial management and the
8 fiscal committees of the legislature with an accounting of any
9 transfers under this subsection. The accounting shall include a
10 narrative explanation and justification of the changes, along with
11 expenditures and allotments by subprogram and appropriation, both
12 before and after any allotment modifications or transfers. The
13 department must also provide recommendations for revisions to
14 appropriations to better align funding with the new budget structure
15 for the department in this act and to eliminate the need for the
16 transfer authority in future budgets.
17     (3) The department of health shall not initiate any services that
18 will require expenditure of state general fund moneys unless
19 expressly authorized in this act or other law. The department of
20 health and the state board of health shall not implement any new or
21 amended rules pertaining to primary and secondary school facilities
22 until the rules and a final cost estimate have been presented to the
23 legislature, and the legislature has formally funded implementation
24 of the rules through the omnibus appropriations act or by statute.
25 The department may seek, receive, and spend, under RCW 43.79.260
26 through 43.79.282, federal moneys not anticipated in this act as long
27 as the federal funding does not require expenditure of state moneys
28 for the program in excess of amounts anticipated in this act. If the
29 department receives unanticipated unrestricted federal moneys, those
30 moneys shall be spent for services authorized in this act or in any
31 other legislation that provides appropriation authority, and an equal
32 amount of appropriated state moneys shall lapse. Upon the lapsing of
33 any moneys under this subsection, the office of financial management
34 shall notify the legislative fiscal committees. As used in this
35 subsection, "unrestricted federal moneys" includes block grants and
36 other funds that federal law does not require to be spent on
37 specifically defined projects or matched on a formula basis by state
38 funds.
39     (4) In accordance with RCW 43.70.110 and 71.24.037, the
40 department is authorized to adopt license and certification fees in
  p. 236  ESSB 5167.SL
1 fiscal years 2026 and 2027 to support the costs of the regulatory
2 program. The department's fee schedule shall have differential rates
3 for providers with proof of accreditation from organizations that the
4 department has determined to have substantially equivalent standards
5 to those of the department, including but not limited to the joint
6 commission on accreditation of health care organizations, the
7 commission on accreditation of rehabilitation facilities, and the
8 council on accreditation. To reflect the reduced costs associated
9 with regulation of accredited programs, the department's fees for
10 organizations with such proof of accreditation must reflect the lower
11 costs of licensing for these programs than for other organizations
12 which are not accredited.
13     (5) Within the amounts appropriated in this act, and in
14 accordance with RCW 70.41.100, the department shall set fees to
15 include the full costs of the performance of inspections pursuant to
16 RCW 70.41.080.
17     (6) In accordance with RCW 43.70.110 and 71.24.037, the
18 department is authorized to adopt fees for the review and approval of
19 mental health and substance use disorder treatment programs in fiscal
20 years 2026 and 2027 as necessary to support the costs of the
21 regulatory   program.  The   department's  fee   schedule  must  have
22 differential rates for providers with proof of accreditation from
23 organizations   that   the   department   has   determined   to  have
24 substantially equivalent standards to those of the department,
25 including but not limited to the joint commission on accreditation of
26 health care organizations, the commission on accreditation of
27 rehabilitation facilities, and the council on accreditation. To
28 reflect the reduced costs associated with regulation of accredited
29 programs, the department's fees for organizations with such proof of
30 accreditation must reflect the lower cost of licensing for these
31 programs than for other organizations which are not accredited.
32     (7) The health care authority, the health benefit exchange, the
33 department of social and health services, the department of health,
34 the department of corrections, and the department of children, youth,
35 and families shall work together within existing resources to
36 establish the health and human services enterprise coalition (the
37 coalition). The coalition, led by the health care authority, must be
38 a multi-organization collaborative that provides strategic direction
39 and federal funding guidance for projects that have cross-
40 organizational or enterprise impact, including information technology
  p. 237  ESSB 5167.SL
1 projects that affect organizations within the coalition. Washington
2 technology solutions shall maintain a statewide perspective when
3 collaborating with the coalition to ensure that projects are planned
4 for in a manner that ensures the efficient use of state resources,
5 supports the adoption of a cohesive technology and data architecture,
6 and maximizes federal financial participation. The work of the
7 coalition and any project identified as a coalition project is
8 subject to the conditions, limitations, and review provided in
9 section 701 of this act.
10     (8) Within the amounts appropriated in this act, and in
11 accordance with RCW 43.70.110 and 71.12.470, the department shall set
12 fees to include the full costs of the performance of inspections
13 pursuant to RCW 71.12.485.
14     (9) The department must report to and coordinate with the
15 department of ecology to track expenditures from climate commitment
16 act accounts, as defined and described in RCW 70A.65.300 and chapter
17 173-446B WAC.
18     (10) The department shall promptly notify the office of the
19 attorney general upon the receipt of a request from or on behalf of a
20 federal agency or a federal, state, or local law enforcement
21 authority for health care information, as defined in RCW 70.02.010,
22 program eligibility information for individuals, information that may
23 identify a health care provider's or facility's delivery of health
24 care services to noncitizens, or the delivery of protected health
25 care services as defined in RCW 7.115.010 where the request may
26 impact expenditures for such services. The department shall require
27 contracted entities to notify the department promptly upon receipt of
28 a request from a federal agency or law enforcement authority as
29 described in this subsection.
30     NEW SECTION.     Sec.   222.      FOR   THE   DEPARTMENT   OF   HEALTH—
31 ADMINISTRATION
32 General Fund—State Appropriation (FY 2026). . . . . . . . $24,861,000
33 General Fund—State Appropriation (FY 2027). . . . . . . . $23,978,000
34 General Fund—Federal Appropriation. . . . . . . . . . . . $56,636,000
35 General Fund—Private/Local Appropriation. . . . . . . . . $19,121,000
36 Dedicated Cannabis Account—State Appropriation
37     (FY 2026). . . . . . . . . . . . . . . . . . . . . . . .        $442,000
38 Dedicated Cannabis Account—State Appropriation
  p. 238  ESSB 5167.SL
1     (FY 2027). . . . . . . . . . . . . . . . . . . . . . . .    $478,000
2  Climate Commitment Account—State Appropriation. . . . . . .    $587,000
3  Climate Investment Account—State Appropriation. . . . . . .    $137,000
4  Hospital Data Collection Account—State Appropriation. . . .    $103,000
5  Health Professions Account—State Appropriation. . . . . . $36,706,000
6  Aquatic Lands Enhancement Account—State
7      Appropriation. . . . . . . . . . . . . . . . . . . . . .   $101,000
8  Emergency Medical Services and Trauma Care Systems
9      Trust Account—State Appropriation. . . . . . . . . . . $1,623,000
10 Medicaid Fraud Penalty Account—State Appropriation. . . . .    $124,000
11 Natural Climate Solutions Account—State
12     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $17,000
13 Safe Drinking Water Account—State Appropriation. . . . . . $2,171,000
14 Drinking Water Assistance Account—Federal
15     Appropriation. . . . . . . . . . . . . . . . . . . . .    $4,637,000
16 Waterworks Operator Certification Account—State
17     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $499,000
18 Drinking Water Assistance Administrative Account—
19     State Appropriation. . . . . . . . . . . . . . . . . . .    $525,000
20 Site Closure Account—State Appropriation. . . . . . . . . . . $33,000
21 Biotoxin Account—State Appropriation. . . . . . . . . . . .     $290,000
22 Model Toxics Control Operating Account—State
23     Appropriation. . . . . . . . . . . . . . . . . . . . .    $1,541,000
24 Medical Test Site Licensure Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $869,000
26 Secure Drug Take-Back Program Account—State
27     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $241,000
28 Youth Tobacco and Vapor Products Prevention Account—
29     State Appropriation. . . . . . . . . . . . . . . . . . .    $518,000
30 Public Health Supplemental Account—Private/Local
31     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $512,000
32 Accident Account—State Appropriation. . . . . . . . . . . . . $65,000
33 Medical Aid Account—State Appropriation. . . . . . . . . . . . $8,000
34 Statewide 988 Behavioral Health Crisis Response Line
35     Account—State Appropriation. . . . . . . . . . . . . . $4,646,000
36 Opioid Abatement Settlement Account—State
37     Appropriation. . . . . . . . . . . . . . . . . . . . . $6,962,000
38TOTAL APPROPRIATION. . . . . . . . . . . . . . . $188,431,000
  p. 239  ESSB 5167.SL
1     The appropriations in this section are subject to the following
2 conditions and limitations:
3    (1) $1,164,000 of the general fund—state appropriation for fiscal
4 year 2026 and $1,164,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for the child profile health
6 promotion notification system.
7     (2) $296,000 of the general fund—state appropriation for fiscal
8 year 2026 and $296,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for the department to maintain
10 the master person index as part of the health and human services
11 coalition master person index initiative.
12    (3) $127,000 of the general fund—state appropriation for fiscal
13 year 2026 and $127,000 of the general fund—state appropriation for
14 fiscal year 2027 are provided solely for the department to coordinate
15 work related to dementia, including but not limited to:
16     (a) Coordinating dementia-related activities with the department
17 of social and health services, the health care authority, and other
18 state agencies as needed;
19     (b) Implementing recommendations from the dementia action
20 collaborative in the updated state Alzheimer's plan within the
21 department; and
22     (c) Other dementia-related activities as determined by the
23 secretary.
24    (4) $166,000 of the general fund—state appropriation for fiscal
25 year 2026 and $166,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for community compensation
27 stipends for low-income individuals who participate in priority
28 engagements across the department.
29    (5) $130,000 of the general fund—state appropriation for fiscal
30 year 2026 and $130,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for staffing to support an
32 office of tribal policy at the department.
33     NEW SECTION.   Sec. 223.     FOR THE DEPARTMENT OF HEALTH—HEALTH
34 SCIENCES
35 General Fund—State Appropriation (FY 2026). . . . . . . . $25,569,000
36 General Fund—State Appropriation (FY 2027). . . . . . . . $26,432,000
37 General Fund—Federal Appropriation. . . . . . . . . . . . $73,411,000
38 General Fund—Private/Local Appropriation. . . . . . . . . $44,311,000
  p. 240  ESSB 5167.SL
1  Drinking Water Assistance Account—Federal
2      Appropriation. . . . . . . . . . . . . . . . . . . . . .    $12,000
3  Biotoxin Account—State Appropriation. . . . . . . . . . . .    $573,000
4  Model Toxics Control Operating Account—State
5      Appropriation. . . . . . . . . . . . . . . . . . . . . .   $501,000
6  Foundational Public Health Services Account—State
7    Appropriation. . . . . . . . . . . . . . . . . . . . . .     $60,000
8 Opioid Abatement Settlement Account—State
9     Appropriation. . . . . . . . . . . . . . . . . . . . .    $6,836,000
10 Public Health Supplemental Account—Private/Local
11     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $83,000
12TOTAL APPROPRIATION. . . . . . . . . . . . . . . $177,788,000
13     The appropriations in this section are subject to the following
14 conditions and limitations:
15    (1) $85,000 of the general fund—state appropriation for fiscal
16 year 2026 and $85,000 of the general fund—state appropriation for
17 fiscal year 2027 are provided solely for the department to pass-
18 through to a nonprofit Washington-based organization with expertise
19 in end-of-life care and in chapter 70.245 RCW (death with dignity
20 act), to provide training, outreach, and education to medical
21 professionals, hospice teams, and other Washingtonians, to support
22 the provision of care under chapter 70.245 RCW.
23    (2) $36,000 of the general fund—state appropriation for fiscal
24 year 2026 and $36,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for implementation of Substitute
26 Senate Bill No. 5163 (child fatalities). If the bill is not enacted
27 by June 30, 2025, the amounts provided in this subsection shall
28 lapse.
29    (3) $80,000 of the general fund—state appropriation for fiscal
30 year 2026 and $18,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for implementation of Substitute
32 Senate Bill No. 5093 (pregnancy loss). If the bill is not enacted by
33 June 30, 2025, the amounts provided in this subsection shall lapse.
34     (4) $76,000 of the general fund—state appropriation for fiscal
35 year 2026 is provided solely for implementation of Substitute Senate
36 Bill No. 5030 (vital records access). If the bill is not enacted by
37 June 30, 2025, the amount provided in this subsection shall lapse.
  p. 241  ESSB 5167.SL
1     NEW SECTION.     Sec. 224.      FOR   THE   DEPARTMENT   OF   HEALTH—
2 ENVIRONMENTAL PUBLIC HEALTH
3 General Fund—State Appropriation (FY 2026). . . . . . . .     $9,579,000
4 General Fund—State Appropriation (FY 2027). . . . . . . .     $9,707,000
5 General Fund—Federal Appropriation. . . . . . . . . . . . $31,114,000
6 General Fund—Private/Local Appropriation. . . . . . . . . $26,883,000
7 Aquatic Lands Enhancement Account—State
8     Appropriation. . . . . . . . . . . . . . . . . . . . . .      $544,000
9 Opioid Abatement Settlement Account—State
10     Appropriation. . . . . . . . . . . . . . . . . . . . . . .      $9,000
11 Safe Drinking Water Account—State Appropriation. . . . .     $11,212,000
12 Drinking Water Assistance Account—Federal
13     Appropriation. . . . . . . . . . . . . . . . . . . .      $22,281,000
14 Waterworks Operator Certification Account—State
15    Appropriation. . . . . . . . . . . . . . . . . . . . .      $2,432,000
16 Drinking Water Assistance Administrative Account—
17     State Appropriation. . . . . . . . . . . . . . . . . .     $1,988,000
18 Site Closure Account—State Appropriation. . . . . . . . . .       $167,000
19 Biotoxin Account—State Appropriation. . . . . . . . . . . .       $976,000
20 Model Toxics Control Operating Account—State
21     Appropriation. . . . . . . . . . . . . . . . . . . . .     $9,522,000
22 Climate Investment Account—State Appropriation. . . . . . .       $561,000
23 Climate Commitment Account—State Appropriation. . . . . . $16,745,000
24 Natural Climate Solutions Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . . . .       $60,000
26 Accident Account—State Appropriation. . . . . . . . . . . .       $327,000
27 Medical Aid Account—State Appropriation. . . . . . . . . . . $52,000
28TOTAL APPROPRIATION. . . . . . . . . . . . . . . $144,159,000
29     The appropriations in this section are subject to the following
30 conditions and limitations:
31     (1) $416,000 of the general fund—state appropriation for fiscal
32 year 2026 and $416,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for the department to coordinate
34 with   local   health   jurisdictions  to   establish  and   maintain
35 comprehensive group B programs to ensure safe drinking water. These
36 funds shall be used for implementation costs, including continued
37 development and adoption of rules, policies, and procedures;
38 technical assistance; and training.
  p. 242  ESSB 5167.SL
1     (2) $157,000 of the general fund—state appropriation for fiscal
2 year 2026 and $157,000 of the general fund—state appropriation for
3 fiscal year 2027 are provided solely for the department to test for
4 lead in child care facilities to prevent child lead exposure and to
5 research, identify, and connect facilities to financial resources
6 available for remediation costs.
7     (3)(a) $4,000,000 of the climate commitment account—state
8 appropriation is provided solely to support and administer a
9 workplace health and safety program for workers who are affected by
10 climate impacts, including but not limited to, extreme heat and cold,
11 wildfire smoke, drought, and flooding. This program will focus on
12 workplace health and safety for farmworkers, construction workers,
13 and other workers who face the most risk from climate-related
14 impacts. This amount shall be limited to supporting vulnerable
15 populations in overburdened communities under the climate commitment
16 act as defined in RCW 70A.65.010. Funding shall be provided for:
17     (i) Pass through grants to community-based organizations, tribal
18 governments, and tribal organizations to support workplace health and
19 safety for workers who are burdened by the intersection of their work
20 and climate impacts; and
21     (ii) Procurement and distribution of equipment and resources for
22 workers who are burdened by the intersection of their work and
23 climate impacts directly by the department of health, or through
24 pass-through   grants   to   community-based   organizations,   tribal
25 governments, and tribal organizations. Equipment and resources may
26 include but are not limited to: Personal protective equipment, other
27 protective or safety clothing for cold and heat, air purifiers for
28 the workplace or worker housing, protection from ticks and
29 mosquitoes, and heating and cooling devices.
30     (b) The department of health, in consultation with the
31 environmental justice council, community groups, and the department
32 of labor and industries, shall evaluate mechanisms to provide workers
33 with financial assistance to cover lost wages or other financial
34 hardships caused by extreme weather events and climate threats.
35     (c) No more than five percent of this funding may be used to
36 administer this grant program.
37     (4) $5,264,000 of the drinking water assistance account—federal
38 appropriation is provided solely for the office of drinking water to
  p. 243  ESSB 5167.SL
1 provide technical assistance, direct engineering        support,   and
2 construction management to small water systems.
3     (5) $685,000 of the general fund—state appropriation for fiscal
4 year 2026 and $685,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for the department to assist
6 with access to safe drinking water for homes and businesses with
7 individual wells or small water systems that are contaminated.
8     (6) $1,690,000 of the model toxics control operating account—
9 state appropriation is provided solely to implement actions provided
10 in the nitrate water hazard mitigation plan to support safe drinking
11 water in the lower Yakima valley. Implementation of this plan
12 includes, but is not limited to, education and outreach, well
13 testing, and provision of alternate water supplies. The department
14 may contract with local governments, local health jurisdictions, and
15 nonprofit organizations to administer the plan.
16     (7) $362,000 of the model toxics control operating account—state
17 appropriation is provided solely for continued implementation of
18 chapter 156, Laws of 2021 (risk-based water standards), to create
19 standards for developers seeking to reuse wastewater in buildings.
20     (8)   $7,924,000   of   the  climate   commitment  account—state
21 appropriation is provided solely for the department to implement the
22 healthy environment for all act under chapter 70A.02 RCW, including
23 additional staff and support for the environmental justice council
24 and implementation of a community engagement plan.
25     (9)(a) $4,000,000 of the climate commitment account—state
26 appropriation is provided solely for the department to administer
27 capacity   grants to   tribes  and  tribal organizations and   to
28 overburdened communities and vulnerable populations to provide
29 guidance and input:
30     (i) To agencies and to the environmental justice council on
31 implementation of the healthy environment for all act; and
32     (ii) To the department on updates to the environmental health
33 disparities map.
34     (b) At least 50 percent of the total amount distributed for
35 capacity grants in this subsection must be reserved for grants to
36 tribes and tribal organizations.
37     (c) Funding provided in this subsection may be used for tribes
38 and tribal organizations to hire staff or to contract with
39 consultants   to  engage   in   updating  the   environmental health
  p. 244  ESSB 5167.SL
1  disparities map or on implementing the healthy environment for all
2  act.
3      (d) The department may use a reasonable amount of funding
4  provided in this subsection to administer the grants.
5      (10)   $382,000   of   the   climate   commitment   account—state
6  appropriation is provided solely for one staff to lead cross agency
7  coordination for wildfire and extreme heat emergency management.
8     (11)   $1,124,000  of   the   climate  commitment   account—state
9 appropriation is provided solely to migrate, maintain, and continue
10 community engagement to update the health disparities map and
11 increase operating staff to complete environmental assessments.
12    (12) $160,000 of the general fund—state appropriation for fiscal
13 year 2026 and $157,000 of the general fund—state appropriation for
14 fiscal year 2027 are provided solely for implementation of Engrossed
15 Second Substitute House Bill No. 1232 (private detention facilities).
16 If the bill is not enacted by June 30, 2025, the amounts provided in
17 this subsection shall lapse.
18     (13)   $300,000   of   the   climate   commitment   account—state
19 appropriation is provided solely for grants to King county to address
20 the disproportionate rates of asthma among children who reside within
21 10 miles of the Seattle-Tacoma international airport by increasing
22 access to community health worker asthma interventions.
23     *NEW SECTION.   Sec. 225.   FOR THE DEPARTMENT OF HEALTH—HEALTH
24 SYSTEMS QUALITY ASSURANCE
25 General Fund—State Appropriation (FY 2026). . . . . . . . $17,222,000
26 General Fund—State Appropriation (FY 2027). . . . . . . . $16,432,000
27 General Fund—Federal Appropriation. . . . . . . . . . . . $13,994,000
28 General Fund—Private/Local Appropriation. . . . . . . . . $38,997,000
29 Dedicated Cannabis Account—State Appropriation
30     (FY 2026). . . . . . . . . . . . . . . . . . . . . . .    $1,038,000
31 Dedicated Cannabis Account—State Appropriation
32     (FY 2027). . . . . . . . . . . . . . . . . . . . . . .    $1,062,000
33 Hospital Data Collection Account—State Appropriation. . . .     $502,000
34 Health Professions Account—State Appropriation. . . . .   $167,775,000
35 Emergency Medical Services and Trauma Care Systems
36    Trust Account—State Appropriation. . . . . . . . . . . $8,603,000
37 Medicaid Fraud Penalty Account—State Appropriation. . . . . . $23,000
38 Medical Test Site Licensure Account—State
  p. 245  ESSB 5167.SL
1     Appropriation. . . . . . . . . . . . . . . . . . . . .   $4,446,000
2 Opioid Abatement Settlement Account—State
3     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $41,000
4 Secure Drug Take-Back Program Account—State
5     Appropriation. . . . . . . . . . . . . . . . . . . . .   $1,117,000
6 Public Health Supplemental Account—State
7     Appropriation. . . . . . . . . . . . . . . . . . . . . .   $288,000
8 Public Health Supplemental Account—Private/Local
9     Appropriation. . . . . . . . . . . . . . . . . . . . . . $197,000
10TOTAL APPROPRIATION. . . . . . . . . . . . . . . $271,737,000
11     The appropriations in this section are subject to the following
12 conditions and limitations:
13     (1) Within amounts appropriated in this section, the Washington
14 board of nursing must hire sufficient staff to process applications
15 for nursing licenses so that the time required for processing does
16 not exceed seven days.
17     (2) $1,793,000 of the general fund—state appropriation for fiscal
18 year 2026 and $1,793,000 of the general fund—state appropriation for
19 fiscal year 2027 are provided solely for the ongoing operations and
20 maintenance of the prescription monitoring program maintained by the
21 department.
22     (3)   $1,908,000   of   the  health   professions  account—state
23 appropriation is provided solely for the Washington board of nursing
24 for nursing licensure and other regulatory activities.
25     (4)   $2,107,000   of   the    health   professions   account—state
26 appropriation is provided solely for implementing improvements to
27 licensure processes. Improvements may include, but are not limited
28 to, updating internal policies and procedures, creating web-based
29 tutorials   for  applicants,    updating   existing   web  content   for
30 applicants, and researching the feasibility of live chat technology
31 for applicants. In identifying and implementing improvements, the
32 department shall document and incorporate feedback from licensed
33 professionals    and    utilize     continuous    quality    improvement
34 methodologies.
35     (5) $127,000 of the general fund—state appropriation for fiscal
36 year 2026 and $127,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for the midwifery licensure and
38 regulatory program to supplement revenue from fees. The department
  p. 246  ESSB 5167.SL
1 shall charge no more than $525 annually for new or renewed licenses
2 for the midwifery program.
3     (6) $493,000 of the general fund—state appropriation for fiscal
4 year 2026 and $493,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for three full-time emergency
6 medical technicians and other resources necessary for the Franklin
7 county public hospital district #1 to provide health services as part
8 of medical transport operations services, including services to the
9 Coyote Ridge corrections center.
10     (7)(a) $1,260,000 of the health professions account—state
11 appropriation is provided solely for the Washington board of nursing
12 to continue to implement virtual nursing assistant training and
13 testing modalities, create an apprenticeship pathway into nursing for
14 nursing assistants, implement rule changes to support a career path
15 for nursing assistants, and collaborate with the workforce training
16 and education coordinating board on a pilot project to transform the
17 culture and practice in long term care settings. The goal of these
18 activities is to expand the nursing workforce for long term care
19 settings.
20     (b) The department must submit a preliminary report regarding the
21 pilot project by September 1, 2025, to the fiscal committees of the
22 legislature regarding:
23     (i) The pilot project, including:
24     (A) Performance metrics and baseline data;
25     (B) Targeted areas for change;
26     (C) Current and planned efforts to address targeted areas;
27     (D) An implementation plan, barriers to implementation, and
28 strategies to address barriers;
29     (E) Nurse participant data; and
30     (F) Anticipated impacts to culture and practices in long term
31 care settings; and
32     (ii) Apprenticeship pathways, including:
33     (A) Performance metrics and baseline data;
34     (B) Targeted areas for change;
35     (C) Current and planned efforts to address targeted areas;
36     (D) An implementation plan, barriers to implementation, and
37 strategies to address barriers;
38     (E) Recruitment strategies; and
  p. 247  ESSB 5167.SL
1     (F)   Nurse  participation   data,   including  nurse   assistants
2 recruited, participating, and advancing to apprenticeship programs.
3     (c) By September 1, 2026, the department must submit a report to
4 the fiscal committees of the legislature detailing:
5     (i) Progress towards meeting performance metrics;
6     (ii) Completed efforts to address targeted areas;
7     (iii) The work conducted to meet the outlined objectives in this
8 subsection;
9     (iv) The rules that have been updated and amended to support a
10 career path for nursing assistants;
11     (v) The number of participating nurses in the apprenticeship
12 program and current recruiting practices;
13     (vi) A status update on the implementation of the virtual
14 training and testing modalities; and
15     (vii) Any changes to the nursing workforce for long term care
16 settings.
17     (8)   $646,000   of   the   health   professions   account—state
18 appropriation is provided solely for ongoing maintenance of the
19 HEALWA web portal to provide access to health information for health
20 care providers.
21     (9)   $219,000   of    the   health   professions   account—state
22 appropriation is provided solely for implementation of House Bill No.
23 1114 (respiratory care compact). If the bill is not enacted by June
24 30, 2025, the amount provided in this subsection shall lapse.
25     (10)   $25,000  of   the   health  professions  account—state
26 appropriation is provided solely for implementation of Substitute
27 House Bill No. 1142 (in-home care training). If the bill is not
28 enacted by June 30, 2025, the amount provided in this subsection
29 shall lapse.
30     (11)   $155,000   of   the   health   professions   account—state
31 appropriation is provided solely for implementation of House Bill No.
32 1190 (UW health sciences library). If the bill is not enacted by June
33 30, 2025, the amount provided in this subsection shall lapse.
34     (12)   $25,000   of   the   health   professions   account—state
35 appropriation is provided solely for implementation of Substitute
36 House Bill No. 1720 (community care/Rx assistance). If the bill is
37 not enacted by June 30, 2025, the amount provided in this subsection
38 shall lapse.
  p. 248  ESSB 5167.SL
1      (13) $25,000 of the general fund—state appropriation for fiscal
2  year 2026 is provided solely for implementation of House Bill No.
3  1722 (secondary career education). If the bill is not enacted by June
4  30, 2025, the amount provided in this subsection shall lapse.
5    (14) $25,000 of the general fund—state appropriation for fiscal
6 year 2026 and $14,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for implementation of Substitute
8 House Bill No. 1824 (accredited birthing centers). If the bill is not
9 enacted by June 30, 2025, the amounts provided in this subsection
10 shall lapse.
11    (15) $161,000 of the general fund—state appropriation for fiscal
12 year 2026 and $159,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for implementation of Engrossed
14 Second Substitute House Bill No. 1686 (health care entity registry).
15 If the bill is not enacted by June 30, 2025, the amounts provided in
16 this subsection shall lapse.
17    (16)   $2,955,000   of   the   general   fund—state   appropriation   for
18 fiscal   year  2026   and  $2,955,000  of  the  general  fund—state
19 appropriation for fiscal year 2027 are provided solely for the
20 Washington board of nursing to manage a grant process to incentivize
21 nurses to supervise nursing students in health care settings. The
22 goal of the grant program is to create more clinical placements for
23 nursing students to complete required clinical hours to earn their
24 nursing degree and related licensure.
25     (17) $42,000 of the general fund—state appropriation for fiscal
26 year 2026 is provided solely for the music therapist licensure and
27 regulatory program to supplement revenue from fees.
28     (18) $25,000 of the general fund—state appropriation for fiscal
29 year 2026 is provided solely for the doula licensure and regulatory
30 program to supplement revenue from fees.
31    (19) $515,000 of the general fund—state appropriation for fiscal
32 year 2026 and $507,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for implementation of Substitute
34 Senate Bill No. 5388 (DOC behavioral health cert.). If the bill is
35 not enacted by June 30, 2025, the amount provided in this subsection
36 shall lapse.
37     (20)   $25,000  of   the   health   professions  account—state
38 appropriation is provided solely for implementation of Senate Bill
  p. 249  ESSB 5167.SL
1 No. 5672 (home care aide certification). If the bill is not enacted
2 by June 30, 2025, the amount provided in this subsection shall lapse.
3     (21) $25,000 of the general fund—state appropriation for fiscal
4 year 2026 and $67,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for implementation of Substitute
6 Senate Bill No. 5493 (hospital price transparency). If the bill is
7 not enacted by June 30, 2025, the amounts provided in this subsection
8 shall lapse.
9     (22) $25,000 of the general fund—state appropriation for fiscal
10 year 2026 is provided solely for implementation of Engrossed
11 Substitute Senate Bill No. 5557 (pregnancy/emerg. treatment). If the
12 bill is not enacted by June 30, 2025, the amount provided in this
13 subsection shall lapse.
14     (23) $52,000 of the general fund—private/local appropriation is
15 provided solely for implementation of Substitute Senate Bill No. 5568
16 (state health plan). If the bill is not enacted by June 30, 2025, the
17 amount provided in this subsection shall lapse.
18     (24) $191,000 of the general fund—state appropriation for fiscal
19 year 2026, $188,000 of the general fund—private/local appropriation,
20 and $214,000 of the health professions account—state appropriation
21 are provided solely for implementation of Substitute Senate Bill No.
22 5579 (health/contract terminations). If the bill is not enacted by
23 June 30, 2025, the amounts provided in this subsection shall lapse.
24     (25) For the 2025-2027 fiscal biennium, the department shall
25 exempt a hospital located in Burien, Washington that serves 23
26 percent medicaid patients from the certificate of need requirement
27 under   chapter  70.38   RCW   for  elective   percutaneous   coronary
28 interventions.
29     (26) $42,000 of the general fund—state appropriation for fiscal
30 year 2026 and $42,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for continuation of the rural
32 nursing education program to allow students to remain in rural
33 environments while working towards nursing credentials for the
34 purposes of increasing the nursing workforce in rural critical access
35 hospitals. With the amounts provided, the department shall provide
36 support services to an eight student cohort, which may include
37 tuition vouchers and travel assistance.
*Sec. 225 was partially vetoed. See message at end of chapter.
  p. 250  ESSB 5167.SL
1     *NEW SECTION. Sec. 226.   FOR THE DEPARTMENT OF HEALTH—PREVENTION
2 AND COMMUNITY HEALTH
3 General Fund—State Appropriation (FY 2026). . . . . . . . $45,021,000
4 General Fund—State Appropriation (FY 2027). . . . . . . . $44,830,000
5 General Fund—Federal Appropriation. . . . . . . . . . .    $395,004,000
6 General Fund—Private/Local Appropriation. . . . . . . . . $63,257,000
7 Dedicated Cannabis Account—State Appropriation
8     (FY 2026). . . . . . . . . . . . . . . . . . . . . .     $11,268,000
9 Dedicated Cannabis Account—State Appropriation
10     (FY 2027). . . . . . . . . . . . . . . . . . . . . .     $11,629,000
11 Youth Tobacco and Vapor Products Prevention Account—
12     State Appropriation. . . . . . . . . . . . . . . . . .    $2,767,000
13 Statewide 988 Behavioral Health Crisis Response Line
14    Account—State Appropriation. . . . . . . . . . . . .      $51,907,000
15 Opioid Abatement Settlement Account—State
16     Appropriation. . . . . . . . . . . . . . . . . . . . .    $3,639,000
17 Public Health Supplemental Account—Private/Local
18     Appropriation. . . . . . . . . . . . . . . . . . . . . $3,087,000
19TOTAL APPROPRIATION. . . . . . . . . . . . . . . $632,409,000
20     The appropriations in this section are subject to the following
21 conditions and limitations:
22    (1) $1,914,000 of the general fund—state appropriation for fiscal
23 year 2026 and $1,914,000 of the general fund—state appropriation for
24 fiscal year 2027 are provided solely for:
25     (a) Staffing by the department, the department of veterans
26 affairs, and the department of corrections to expand statewide
27 suicide prevention efforts, which efforts include suicide prevention
28 efforts for military service members and veterans and incarcerated
29 persons;
30     (b) A suicide prevention public awareness campaign to provide
31 education regarding the signs of suicide, interventions, and
32 resources for support;
33     (c) Staffing for call centers to support the increased volume of
34 calls to suicide hotlines;
35     (d) Training for first responders to identify and respond to
36 individuals experiencing suicidal ideation;
37     (e) Support for tribal suicide prevention efforts;
38     (f) Strengthening behavioral health and suicide prevention
39 efforts in the agricultural sector;
  p. 251  ESSB 5167.SL
1     (g) Support for the three priority areas of the governor's
2 challenge regarding identifying suicide risk among service members
3 and their families, increasing the awareness of resources available
4 to service members and their families, and lethal means safety
5 planning;
6     (h) Training for community health workers to include culturally
7 informed training for suicide prevention;
8     (i) Coordination with the office of the superintendent of public
9 instruction;
10     (j) Support for the suicide prevention initiative housed in the
11 University of Washington; and
12     (k) By December 1, 2025, an updated suicide prevention plan, to
13 include a report on completed activities, planned activities, and
14 outcomes from implementation, which shall include, but not be limited
15 to:
16     (i) Trends in suicide among service members, agricultural
17 workers, youth, and incarcerated persons;
18     (ii) Outcomes of implemented public awareness campaigns; and
19     (iii) Outcomes of trainings with first responders, including the
20 number of trainings.
21    (2) $1,477,000 of the general fund—state appropriation for fiscal
22 year 2026 and $1,477,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for the fruit and vegetable
24 incentives program.
25    (3) $3,834,000 of the general fund—state appropriation for fiscal
26 year 2026 and $3,834,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely for the department to provide
28 grants to support school-based health centers and behavioral health
29 services. The department must develop a plan for the school-based
30 health centers to become financially self-sufficient.
31    (4) $1,098,000 of the general fund—state appropriation for fiscal
32 year 2026 and $1,098,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for the department to coordinate
34 and lead a multi-agency approach to youth suicide prevention and
35 intervention.
36     (5) $1,690,000 of the opioid abatement settlement account—state
37 appropriation is provided solely for prevention, treatment, and
38 recovery support services to remediate the impacts of the opioid
39 epidemic. This funding must be used consistent with conditions of the
  p. 252  ESSB 5167.SL
1  opioid settlement agreements that direct how funds deposited into the
2  opioid abatement settlement account created in RCW 43.79.483 must be
3  used.
4     (6) $3,500,000 of the general fund—state appropriation for fiscal
5  year 2026 and $3,500,000 of the general fund—state appropriation for
6  fiscal year 2027 are provided solely for programs and grants to
7 maintain access to abortion care, including but not limited to
8 staffing at the department and grants to providers of abortion care
9 to   fund  abortion   care,  workforce  retention  and  recruitment
10 initiatives to ensure continuity of care, training, outreach, and
11 security investments.
12     (7) $513,000 of the general fund—state appropriation for fiscal
13 year 2026 and $513,000 of the general fund—state appropriation for
14 fiscal year 2027 are provided solely for the early hearing detection,
15 diagnosis, and intervention program.
16     (8) $972,000 of the general fund—state appropriation for fiscal
17 year 2026 and $972,000 of the general fund—state appropriation for
18 fiscal year 2027 are provided solely for the department to expand the
19 birth equity project with the goal of reducing prenatal and perinatal
20 health disparities.
21     (9) $2,112,000 of the general fund—state appropriation for fiscal
22 year 2026 and $2,112,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for tobacco, vapor product, and
24 nicotine control, cessation, treatment, and prevention, and other
25 substance use prevention and education, with an emphasis on
26 community-based strategies. These strategies must include programs
27 that consider the disparate impacts of nicotine, specifically
28 flavored nicotine products, addiction on specific populations,
29 including youth, and racial or other disparities.
30     (10) $257,000 of the general fund—state appropriation for fiscal
31 year 2026 and $257,000 of the general fund—state appropriation for
32 fiscal year 2027 are provided solely to support health equity zones,
33 as defined in RCW 43.70.595, in identification and implementation of
34 targeted interventions to have a significant impact on health
35 outcomes and health disparities.
36     (11) $3,579,000 of the statewide 988 behavioral health crisis
37 response   line   account—stateappropriation   is   provided    solely   for
38 behavioral crisis coordination.
  p. 253  ESSB 5167.SL
1      (12) $369,000 of the general fund—state appropriation for fiscal
2  year 2026 is provided solely as pass-through funding to an
3  organization that specializes in culturally relevant sports programs
4  for indigenous children and adolescents, with the goal of keeping at-
5  risk youth out of the juvenile justice system.
6    (13) $2,662,000 of the opioid abatement settlement account—state
7 appropriation is provided solely to launch a tele-buprenorphine
8 hotline that facilitates access to medications for opioid use
9 disorder. This funding must be used consistent with conditions of the
10 opioid settlement agreements that direct how funds deposited into the
11 opioid abatement settlement account created in RCW 43.79.483 must be
12 used.
13     (14) $346,000 of the opioid abatement settlement account—state
14 appropriation is provided solely for perinatal opioid use disorder
15 information and services. This funding must be used consistent with
16 conditions of the opioid settlement agreements that direct how funds
17 deposited into the opioid abatement settlement account created in RCW
18 43.79.483 must be used.
19     (15) $266,000 of the general fund—state appropriation for fiscal
20 year 2026 and $266,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for the department to operate
22 the universal development screening system.
23     (16)(a) $350,000 of the general fund—state appropriation for
24 fiscal year 2027 is provided solely for the department to establish a
25 stipend program to defray the out-of-pocket expenses incurred by
26 registered nurses completing the training necessary to become adult/
27 adolescent or pediatric sexual assault nurse examiners.
28     (b) Any individual nurse may receive one stipend, the total of
29 which may not exceed $2,500.
30     (c) For purposes of this subsection, "out-of-pocket expenses"
31 include:
32     (i) Fees, tuition, educational materials, or other charges
33 imposed by the entity providing training;
34     (ii) Reasonable travel expenses, including air travel, rental car
35 costs, mileage on a personal vehicle, lodging, and meals; and
36     (iii) Any other expenses deemed appropriate by the department.
37    (17)   $1,035,000   of   the   general   fund—state   appropriation   for
38 fiscal   year   2026  and  $1,035,000       of    the  general  fund—state
39 appropriation   for fiscal year 2027        are   provided solely for the
  p. 254  ESSB 5167.SL
1 Washington poison center. This funding is provided in addition to
2 funding pursuant to RCW 69.50.540.
3     (18) $72,000 of the general fund—state appropriation for fiscal
4 year 2026 and $72,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for maintenance of the community
6 health worker platform and continued implementation of the community
7  health worker trainings in the pediatric setting for children with
8  behavioral health needs.
9     (19) $211,000 of the general fund—state appropriation for fiscal
10 year 2026 and $211,000 of the general fund—state appropriation for
11 fiscal year 2027 are provided solely to implement the recommendations
12 from the community health workers task force to provide statewide
13 leadership, training, and integration of community health workers
14 with insurers, health care providers, and public health systems.
15     (20) $6,895,000 of the opioid abatement settlement account—state
16 appropriation is provided solely for the department to expand the
17 distribution of naloxone through the department's overdose education
18 and naloxone distribution program. Funding must be prioritized to
19 fill naloxone access gaps in community behavioral health and other
20 community settings, including providing naloxone to first responders
21 and agency staff in organizations such as syringe service programs,
22 house providers, and street outreach programs.
23     (21)(a) $1,042,000 of the statewide 988 behavioral health crisis
24 response line account—state appropriation is provided solely for the
25 planning phase of the 988 technology platform implementation project.
26     (b) The department must actively collaborate with Washington
27 technology solutions and the health care authority so that the
28 statewide   988  technology   solutions   will  be   coordinated   and
29 interoperable.
30     (c) By October 1, 2025, the department must provide an update to
31 legislative fiscal committees with the following details:
32     (i)   An   identified   technology   solution,   with   a list   of
33 functionalities    and  the    statutory   requirement    met by   each
34 functionality;
35     (ii) Software, processes, and methods currently used by call
36 centers and designated 988 contact hubs that the proposed technology
37 platform would replace;
  p. 255  ESSB 5167.SL
1     (iii) The number of call centers and designated 988 contact hubs
2 planning to transition all work processes to the proposed technology
3 platform; and
4     (iv) Identified risks and changes to the schedule and scope of
5 the project.
6     (d) These amounts are subject to the conditions, limitations, and
7 review requirements provided in section 701 of this act.
8     (22) $26,000 of the general fund—state appropriation for fiscal
9 year 2026 and $26,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for implementation of Substitute
11 Senate Bill No. 5163 (child fatalities). If the bill is not enacted
12 by June 30, 2025, the amounts provided in this subsection shall
13 lapse.
14     (23) $55,000 of the general fund—state appropriation for fiscal
15 year 2026 is provided solely for implementation of Substitute Senate
16 Bill No. 5214 (mobile markets). If the bill is not enacted by June
17 30, 2025, the amount provided in this subsection shall lapse.
18     (24) $689,000 of the general fund—state appropriation for fiscal
19 year 2026 and $689,000 of the general fund—state appropriation for
20 fiscal year 2027 are provided solely for the Snohomish county health
21 department to:
22     (a) Maintain sexually transmitted infection clinical services at
23 the Snohomish county health department and identify opportunities to
24 expand sexual health services provided outside of clinical settings;
25     (b) Conduct research on opportunities to expand jail-based sexual
26 health services;
27     (c) Maintain an epidemiology and technical team;
28     (d) Provide field-based treatment for syphilis; and
29     (e) Maintain an in-house comprehensive, culturally responsive
30 sexual health clinic at the Snohomish county health department.
*Sec. 226 was partially vetoed. See message at end of chapter.
31     NEW SECTION.     Sec. 227.     FOR THE DEPARTMENT OF HEALTH—STATE BOARD
32 OF HEALTH
33 General Fund—State Appropriation (FY 2026). . . . . . . .  $1,711,000
34 General Fund—State Appropriation (FY 2027). . . . . . . .  $1,604,000
35TOTAL APPROPRIATION. . . . . . . . . . . . . . . .  $3,315,000
36     The appropriations in this section are subject to the following
37 conditions    and   limitations:     $124,000    of   the   general    fund—state
  p. 256  ESSB 5167.SL
1 appropriation   for  fiscal   year  2026   is   provided  solely  for
2 implementation of Engrossed Substitute House Bill No. 1946 (local
3 board of health/tribes). If the bill is not enacted by June 30, 2025,
4 the amount provided in this subsection shall lapse.
5     NEW SECTION. Sec. 228.        FOR THE DEPARTMENT OF HEALTH—RESILIENCY
6 AND HEALTH SECURITY
7 General Fund—State Appropriation (FY 2026). . . . . . . .  $4,916,000
8 General Fund—State Appropriation (FY 2027). . . . . . . .  $4,873,000
9 General Fund—Federal Appropriation. . . . . . . . . . . . $35,149,000
10TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $44,938,000
11     The appropriations in this section are subject to the following
12 conditions   and   limitations:    $4,916,000   of   the   general    fund—state
13 appropriation for fiscal year 2026 and $4,873,000 of the general fund
14 —state appropriation for fiscal year 2027 are provided solely for
15 operation of the statewide medical logistics center. Within these
16 amounts, the department must coordinate with the department of social
17 and health services to develop processes that will minimize the
18 disposal and destruction of personal protective equipment and for
19 interagency distribution of personal protective equipment.
20     NEW SECTION.    Sec. 229.     FOR THE DEPARTMENT OF HEALTH—HEALTH DATA
21 AND PLANNING
22 General Fund—State Appropriation (FY 2026). . . . . . . .  $3,473,000
23 General Fund—State Appropriation (FY 2027). . . . . . . .  $3,913,000
24 General Fund—Federal Appropriation. . . . . . . . . . . .  $7,148,000
25 General Fund—Private/Local Appropriation. . . . . . . . . .  $947,000
26 Biotoxin Account—State Appropriation. . . . . . . . . . . . . $5,000
27TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $15,486,000
28     The appropriations in this section are subject to the following
29 conditions and limitations:
30     (1) $2,786,000 of the general fund—state appropriation for fiscal
31 year 2026 and $3,156,000 of the general fund—state appropriation for
32 fiscal year 2027 are provided solely to maintain public health
33 information technology infrastructure in a cloud-based environment.
34     (2) $686,000 of the general fund—state appropriation for fiscal
35 year 2026 and $757,000 of the general fund—state appropriation for
  p. 257  ESSB 5167.SL
1 fiscal year 2027 are provided solely to maintain the WA Health bed
2 tracking and supply database.
3     *NEW SECTION. Sec. 230. FOR THE DEPARTMENT OF CORRECTIONS
4     The health care authority, the health benefit exchange, the
5 department of social and health services, the department of health,
6 the department of corrections, and the department of children, youth,
7 and families shall work together within existing resources to
8 establish the health and human services enterprise coalition (the
9 coalition). The coalition, led by the health care authority, must be
10 a multiorganization collaborative that provides strategic direction
11 and federal funding guidance for projects that have cross-
12 organizational or enterprise impact, including information technology
13 projects that affect organizations within the coalition. Washington
14 technology solutions shall maintain a statewide perspective when
15 collaborating with the coalition to ensure that the development of
16 projects identified in this report are planned for in a manner that
17 ensures the efficient use of state resources and maximizes federal
18 financial participation. The work of the coalition and any project
19 identified as a coalition project is subject to the conditions,
20 limitations, and review provided in section 701 of this act.
21    (1) ADMINISTRATION AND SUPPORT SERVICES
22 General Fund—State Appropriation (FY 2026). . . . . . .   $159,476,000
23 General Fund—State Appropriation (FY 2027). . . . . . .   $162,022,000
24 General Fund—Federal Appropriation. . . . . . . . . . . . .    $400,000
25 General Fund—Private/Local Appropriation. . . . . . . . . . $168,000
26TOTAL APPROPRIATION. . . . . . . . . . . . . . . $322,066,000
27     The appropriations in this subsection      are   subject   to   the
28 following conditions and limitations:
29    (a) $438,000 of the general fund—state appropriation for fiscal
30 year 2026 and $438,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for restrictive housing to
32 reduce the use of solitary confinement by increasing correctional
33 staffing, incorporating mental health training, and implementing
34 change to restrictive housing environments.
35    (b) $2,326,000 of the general fund—state appropriation for fiscal
36 year 2026 and $2,326,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for reentry investments to
38 include reentry and discharge services and staffing to support the
  p. 258  ESSB 5167.SL
1 iCOACH supervision model. The staffing and resources must provide
2 expanded reentry and discharge services to include, but not limited
3 to, transition services, preemployment testing, enhanced discharge
4 planning,   housing    voucher   assistance,  cognitive   behavioral
5 interventions, educational programming, health care discharge teams,
6 and community partnership programs.
7    (c) $371,000 of the general fund—state appropriation for fiscal
8 year 2026 and $371,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for maintenance and operation of
10 the sentencing calculation module for the offender management network
11 information system. Implementation of the sentencing calculation
12 module must result in a reduction of tolling staff within six months
13 of the project implementation date of July 1, 2025, and the
14 department must report this result. In addition, the report must
15 include the budgeted and actual tolling staffing levels by fiscal
16 month beginning with fiscal year 2023 and the count of tolling staff
17 reduced by fiscal month from date of implementation through six
18 months post implementation. The report must be submitted to the
19 senate ways and means and house appropriations committees within 30
20 calendar days after six months have passed since implementation.
21     (d) $761,000 of the general fund—state appropriation for fiscal
22 year 2026 and $758,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for the AMEND collaboration and
24 training statewide program administration team and contract.
25     (e) $320,000 of the general fund—state appropriation for fiscal
26 year 2026 and $324,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely for staffing and operational
28 costs to operate the sixth avenue reentry center in Tacoma as a
29 state-run facility.
30     (f) $219,000 of the general fund—state appropriation for fiscal
31 year 2026 and $227,000 of the general fund—state appropriation for
32 fiscal year 2027 are provided solely for staffing and operational
33 costs to operate the Eleanor Chase reentry center in Spokane as a
34 state-run facility.
35    (g) $319,000 of the general fund—state appropriation for fiscal
36 year 2026 and $333,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for staffing and operational
38 costs to operate the Brownstone reentry center in Spokane as a state-
39 run facility.
  p. 259  ESSB 5167.SL
1     (h) Within existing resources, the department must collaborate
2 with the department of children, youth, and families to help them as
3 they develop a juvenile rehabilitation capacity needs assessment
4 model (CNAM) for secure facilities, community residential facilities,
5 and community transition services, as required in section 235(18) of
6 this act, comparable in detail to the capacity needs assessment model
7 that the department of corrections research and analytics team
8 maintains for capacity.
9     (i) $48,000 of the general fund—state appropriation for fiscal
10 year 2026 is provided solely for implementation of Substitute Senate
11 Bill No. 5093 (pregnancy loss). If the bill is not enacted by June
12 30, 2025, the amount provided in this subsection shall lapse.
13     (j) $19,000 of the general fund—state appropriation for fiscal
14 year 2026 is provided solely for implementation of Substitute Senate
15 Bill No. 5323 (theft from first responders). If the bill is not
16 enacted by June 30, 2025, the amount provided in this subsection
17 shall lapse.
18    (k) $83,000 of the general fund—state appropriation for fiscal
19 year 2026 and $90,000 of the general fund—state appropriation for
20 fiscal year 2027 are provided solely for implementation of Substitute
21 Senate Bill No. 5388 (DOC behavioral health cert.). If the bill is
22 not enacted by June 30, 2025, the amounts provided in this subsection
23 shall lapse.
24    (l) $222,000 of the general fund—state appropriation for fiscal
25 year 2026 and $228,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for implementation of House Bill
27 No. 1068 (DOC WMS employee arbitration). If the bill is not enacted
28 by June 30, 2025, the amounts provided in this subsection shall
29 lapse.
30     (m) Within existing resources, and based on the budget structure
31 changes in policy transfers included in the 2025-27 biennial omnibus
32 operating budget, the department of corrections must submit the
33 following to the office of financial management and the legislative
34 accountability and evaluation program, by December 31, 2025:
35     (i) A narrative description of changes to include how these
36 changes will affect the availability and understanding of budget and
37 accounting information for policy makers and the public;
  p. 260  ESSB 5167.SL
1      (ii) A crosswalk that displays details within the affected
2  programs in the existing structure compared to the revised
3  transferred structure;
4      (iii) A comparison of the current structure to the revised
5  transferred structure that must compare the current total estimated
6  biennial expenditures and FTEs for all programs, before and after the
7  changes; and
8      (iv) A comprehensive 10-year restructure of historical data.
9     (2) CORRECTIONAL OPERATIONS
10 General Fund—State Appropriation (FY 2026). . . . . . .     $785,488,000
11 General Fund—State Appropriation (FY 2027). . . . . . .     $812,962,000
12 General Fund—Federal Appropriation. . . . . . . . . . . .     $4,326,000
13 General Fund—Private/Local Appropriation. . . . . . . . . .     $334,000
14 Climate Commitment Account—State Appropriation. . . . . . .     $577,000
15 Institutional Welfare/Betterment Account—State
16     Appropriation. . . . . . . . . . . . . . . . . . . .     $12,000,000
17 Opioid Abatement Settlement Account—State
18     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $469,000
19 Washington Auto Theft Prevention Authority Account—
20     State Appropriation. . . . . . . . . . . . . . . . . . $5,214,000
21TOTAL APPROPRIATION. . . . . . . . . . . . . . $1,621,370,000
22     The appropriations in this subsection are subject to the
23 following conditions and limitations:
24     (a) The department may contract for local jail beds statewide to
25 the extent that it is at no net cost to the department. The
26 department shall calculate and report the average cost per offender
27 per day, inclusive of all services, on an annual basis for a facility
28 that is representative of average medium or lower offender costs. The
29 department shall not pay a rate greater than $85 per day per offender
30 excluding the costs of department of corrections provided services,
31 including evidence-based substance abuse programming, dedicated
32 department   of   corrections   classification  staff   on-site   for
33 individualized case management, transportation of offenders to and
34 from department of corrections facilities, and gender responsive
35 training for jail staff. The capacity provided at local correctional
36 facilities must be for offenders whom the department of corrections
37 defines as close medium or lower security offenders. Programming
38 provided for offenders held in local jurisdictions is included in the
39 rate, and details regarding the type and amount of programming, and
  p. 261  ESSB 5167.SL
1 any conditions regarding transferring offenders must be negotiated
2 with the department as part of any contract. Local jurisdictions must
3 provide health care to offenders that meets standards set by the
4 department. The local jail must provide all medical care including
5 unexpected emergent care. The department must utilize a screening
6 process to ensure that offenders with existing extraordinary medical/
7 mental health needs are not transferred to local jail facilities. If
8 extraordinary medical conditions develop for an inmate while at a
9 jail facility, the jail may transfer the offender back to the
10 department, subject to terms of the negotiated agreement. Health care
11 costs incurred prior to transfer are the responsibility of the jail.
12    (b) $3,500,000 of the general fund—state appropriation for fiscal
13 year 2026 and $3,500,000 of the general fund—state appropriation for
14 fiscal year 2027 are provided solely for the department of
15 corrections to provide wages and gratuities of no less than $1.00 per
16 hour to incarcerated persons working in class III correctional
17 industries.
18     (c) Within the appropriated amounts in this subsection, the
19 department of corrections must provide a minimum of one dedicated
20 prison   rape  elimination  act  compliance  specialist at   each
21 institution.
22    (d) $284,000 of the general fund—state appropriation for fiscal
23 year 2026 and $284,000 of the general fund—state appropriation for
24 fiscal year 2027 are provided solely for maintenance and operation of
25 the sentencing calculation module for the offender management network
26 information system. Implementation of the sentencing calculation
27 module must result in a reduction of tolling staff within six months
28 of the project implementation date of July 1, 2025, and the
29 department must report this result. In addition, the report must
30 include the budgeted and actual tolling staffing levels by fiscal
31 month beginning with fiscal year 2023 and the count of tolling staff
32 reduced by fiscal month from date of implementation through six
33 months post implementation. The report must be submitted to the
34 senate ways and means and house appropriations committees within 30
35 calendar days after six months have passed since implementation.
36    (e) $5,316,000 of the general fund—state appropriation for fiscal
37 year 2026 and $5,316,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for restrictive housing to
39 reduce the use of solitary confinement by increasing correctional
  p. 262  ESSB 5167.SL
1 staffing, incorporating mental health training,     and   implementing
2 change to restrictive housing environments.
3    (f) $2,802,000 of the general fund—state appropriation for fiscal
4 year 2026 and $2,805,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for the AMEND collaboration and
6 training program.
7    (g) $1,411,000 of the general fund—state appropriation for fiscal
8 year 2026 and $1,411,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for reentry investments to
10 include state identification cards, reentry and discharge services
11 and staffing to support the iCOACH supervision model. The staffing
12 and resources must provide expanded reentry and discharge services to
13 include, but not limited to, transition services, preemployment
14 testing, enhanced discharge planning, housing voucher assistance,
15 cognitive behavioral interventions, educational programming, health
16 care discharge teams, and community partnership programs.
17     (h) $1,200,000 of the general fund—state appropriation for fiscal
18 year 2026 is provided solely for one-time costs necessary to close
19 Mission Creek corrections center for women.
20    (i) $172,000 of the general fund—state appropriation for fiscal
21 year 2026 and $230,000 of the general fund—state appropriation for
22 fiscal year 2027 are provided solely for direct variable costs at
23 Washington corrections center for women.
24    (j) $646,000 of the general fund—state appropriation for fiscal
25 year 2026 and $861,000 of the general fund—state appropriation for
26 fiscal year 2027 are provided solely for the department to maintain
27 the facility, property, and assets at the Mission Creek corrections
28 center for women.
29    (k) $2,262,000 of the general fund—state appropriation for fiscal
30 year 2026 and $2,949,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for the department to reopen and
32 operate living unit L at the Washington corrections center for women.
33     (l) $195,000 of the general fund—state appropriation for fiscal
34 year 2026 is provided solely for one-time staff relocation costs
35 given the closure of the Mission Creek corrections center for women.
36     (m) The department must report to and coordinate with the
37 department of ecology to track expenditures from climate commitment
38 act accounts, as defined and described in RCW 70A.65.300 and chapter
39 173-446B WAC.
  p. 263  ESSB 5167.SL
1    (n) $3,000 of the general fund—state appropriation for fiscal
2  year 2026 and $3,000 of the general fund—state appropriation for
3  fiscal year 2027 are provided solely for implementation of Substitute
4  Senate Bill No. 5139 (reentry council members). If the bill is not
5  enacted by June 30, 2025, the amounts provided in this subsection
6  shall lapse.
7    (o) $2,871,000 of the general fund—state appropriation for fiscal
8 year 2026 and $2,871,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for the department to operate
10 body scanner programs to conduct security screenings for employees,
11 contractors, visitors, volunteers, incarcerated individuals, and
12 other persons entering the secure perimeters at the Washington
13 corrections center for women and the Washington corrections center.
14     (p) $33,000 of the general fund—state appropriation for fiscal
15 year 2026 is provided solely for implementation of Engrossed
16 Substitute Senate Bill No. 5219 (partial confinement). If the bill is
17 not enacted by June 30, 2025, the amount provided in this subsection
18 shall lapse.
19    (3) COMMUNITY SUPERVISION
20 General Fund—State Appropriation (FY 2026). . . . . . .     $237,463,000
21 General Fund—State Appropriation (FY 2027). . . . . . .     $252,309,000
22 General Fund—Federal Appropriation. . . . . . . . . . . .     $4,142,000
23 General Fund—Private/Local Appropriation. . . . . . . . . . . $10,000
24TOTAL APPROPRIATION. . . . . . . . . . . . . . . $493,924,000
25     The appropriations in this subsection are subject to the
26 following conditions and limitations:
27     (a) The department of corrections shall contract with local and
28 tribal governments for jail capacity to house offenders who violate
29 the terms of their community supervision. A contract rate increase
30 may not exceed five percent each year. The department may negotiate
31 to include medical care of offenders in the contract rate if medical
32 payments conform to the department's offender health plan and
33 pharmacy formulary, and all off-site medical expenses are preapproved
34 by department utilization management staff. If medical care of
35 offender is included in the contract rate, the contract rate may
36 exceed five percent to include the cost of that service. The
37 department shall pay the bed rate for the day of release.
38     (b) The department shall engage in ongoing mitigation strategies
39 to reduce the costs associated with community supervision violators,
  p. 264  ESSB 5167.SL
1 including   improvements  in   data  collection   and  reporting  and
2 alternatives to short-term confinement for low-level violators.
3    (c) $480,000 of the general fund—state appropriation for fiscal
4 year 2026 and $480,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for maintenance and operation of
6 the sentencing calculation module for the offender management network
7 information system. Implementation of the sentencing calculation
8 module must result in a reduction of tolling staff within six months
9 of the project implementation date of July 1, 2025, and the
10 department must report this result. In addition, the report must
11 include the budgeted and actual tolling staffing levels by fiscal
12 month beginning with fiscal year 2023 and the count of tolling staff
13 reduced by fiscal month from date of implementation through six
14 months post implementation. The report must be submitted to the
15 senate ways and means and house appropriations committees within 30
16 calendar days after six months have passed since implementation.
17    (d) $110,000 of the general fund—state appropriation for fiscal
18 year 2026 and $110,000 of the general fund—state appropriation for
19 fiscal year 2027 are provided solely for the AMEND collaboration and
20 training program.
21    (e)   $19,027,000   of   the   general   fund—state   appropriation   for
22 fiscal year 2026 and $19,027,000 of the general fund—state
23 appropriation for fiscal year 2027 are provided solely for reentry
24 investments to include reentry and discharge services and staffing to
25 support the iCOACH supervision model. The staffing and resources must
26 provide expanded reentry and discharge services to include, but not
27 limited to, transition services, preemployment testing, enhanced
28 discharge planning, housing voucher assistance, cognitive behavioral
29 interventions, educational programming, health care discharge teams,
30 and community partnership programs.
31    (f) $4,011,000 of the general fund—state appropriation for fiscal
32 year 2026 and $4,057,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for staffing and operational
34 costs to operate the sixth avenue reentry center in Tacoma as a
35 state-run facility.
36    (g) $2,735,000 of the general fund—state appropriation for fiscal
37 year 2026 and $3,255,000 of the general fund—state appropriation for
38 fiscal year 2027 are provided solely for staffing and operational
  p. 265  ESSB 5167.SL
1  costs to operate the Eleanor Chase reentry center in Spokane as a
2  state-run facility.
3     (h) $3,465,000 of the general fund—state appropriation for fiscal
4  year 2026 and $4,257,000 of the general fund—state appropriation for
5  fiscal year 2027 are provided solely for staffing and operational
6  costs to operate the Brownstone reentry center in Spokane as a state-
7  run facility.
8     (i) $385,000 of the general fund—state appropriation for fiscal
9 year 2026 and $577,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for the department to maintain
11 the facility, property, and assets at the Ahtanum view reentry center
12 in Yakima.
13     (j) $238,000 of the general fund—state appropriation for fiscal
14 year 2026 and $357,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for the department to maintain
16 the facility, property, and assets at the Peninsula reentry center in
17 Port Orchard.
18     (k) $238,000 of the general fund—state appropriation for fiscal
19 year 2026 and $357,000 of the general fund—state appropriation for
20 fiscal year 2027 are provided solely for the department to maintain
21 the facility, property, and assets at the Tri-Cities reentry center
22 in Kennewick.
23     (l) $252,000 of the general fund—state appropriation for fiscal
24 year 2027 is provided solely for implementation of Engrossed
25 Substitute Senate Bill No. 5219 (partial confinement). If the bill is
26 not enacted by June 30, 2025, the amounts provided in this subsection
27 shall lapse.
28    (4) CORRECTIONAL INDUSTRIES
29 General Fund—State Appropriation (FY 2026). . . . . . . .     $4,653,000
30 General Fund—State Appropriation (FY 2027). . . . . . . .     $9,696,000
31 General Fund—Federal Appropriation. . . . . . . . . . . . .     $600,000
32 General Fund—Private/Local Appropriation. . . . . . . . . $1,034,000
33TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $15,983,000
34    (5) INTERAGENCY PAYMENTS
35 General Fund—State Appropriation (FY 2026). . . . . . . . $72,125,000
36 General Fund—State Appropriation (FY 2027). . . . . . . . $63,129,000
37 Opioid Abatement Settlement Account—State
38     Appropriation. . . . . . . . . . . . . . . . . . . . . .     $50,000
  p. 266  ESSB 5167.SL
1TOTAL APPROPRIATION. . . . . . . . . . . . . . .        $135,304,000
2     The    appropriations    in    this   subsection   are    subject   to   the
3 following conditions and limitations: $10,000 of the general fund—
4 state appropriation for fiscal year 2026 and $10,000 of the general
5 fund—state appropriation for fiscal year 2027 are provided solely for
6  implementation of Substitute Senate Bill No. 5388 (DOC behavioral
7  health cert.). If the bill is not enacted by June 30, 2025, the
8  amounts provided in this subsection shall lapse.
9      (6) OFFENDER CHANGE
10 General Fund—State Appropriation (FY 2026). . . . . . . . $89,407,000
11 General Fund—State Appropriation (FY 2027). . . . . . . . $91,651,000
12 General Fund—Federal Appropriation. . . . . . . . . . . . $1,436,000
13TOTAL APPROPRIATION. . . . . . . . . . . . . . . $182,494,000
14     The appropriations in this subsection are subject to the
15 following conditions and limitations:
16     (a) The department of corrections shall use funds appropriated in
17 this subsection (6) for programming for incarcerated individuals. The
18 department shall develop and implement a written comprehensive plan
19 for programming for incarcerated individuals that prioritizes
20 programs   which  follow   the   risk-needs-responsivity  model,   are
21 evidence-based, and have measurable outcomes. The department is
22 authorized to discontinue ineffective programs and to repurpose
23 underspent funds according to the priorities in the written plan.
24     (b) The department of corrections shall collaborate with the
25 state health care authority to explore ways to utilize federal
26 medicaid funds as a match to fund residential substance use disorder
27 treatment-based alternative beds under RCW 9.94A.664 under the drug
28 offender sentencing alternative program and residential substance use
29 disorder treatment beds that serve individuals on community custody.
30     (c)   $11,629,000   of   the   general    fund—state     appropriation   for
31 fiscal year 2026 and $11,629,000 of the general fund—state
32 appropriation for fiscal year 2027 are provided solely for expanded
33 reentry investments to include, but not be limited to, transition
34 services, preemployment testing, enhanced discharge planning, housing
35 voucher assistance, cognitive behavioral interventions, educational
36 programming, health care discharge teams, and community partnership
37 programs.
  p. 267  ESSB 5167.SL
1     (d) Within existing resources, the department of corrections may
2 provide reentry support items such as disposable cell phones, prepaid
3 phone cards, hygiene kits, housing vouchers, and release medications
4 associated with individuals resentenced or ordered released from
5 confinement as a result of policies or court decisions including, but
6 not limited to, the State v. Blake decision.
7    (e) $122,000 of the general fund—state appropriation for fiscal
8 year 2026 and $122,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for work on reentry 2030,
10 continued internal and cross agency reentry collaboration, and work
11 on the state's medicaid 1115 transformation waiver impacts to the
12 department.
13    (f) $268,000 of the general fund—state appropriation for fiscal
14 year 2026 and $357,000 of the general fund—state appropriation for
15 fiscal year 2027 are provided solely for education services for
16 incarcerated individuals in living unit L of the Washington
17 corrections center for women.
18    (g) $450,000 of the general fund—state appropriation for fiscal
19 year 2026 and $601,000 of the general fund—state appropriation for
20 fiscal year 2027 are provided solely for substance use staffing and
21 treatment for incarcerated individuals in living unit L at the
22 Washington corrections center for women.
23    (h) $176,000 of the general fund—state appropriation for fiscal
24 year 2026 and $180,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for implementation of Substitute
26 Senate Bill No. 5388 (DOC behavioral health cert.). If the bill is
27 not enacted by June 30, 2025, the amounts provided in this subsection
28 shall lapse.
29    (i) $424,000 of the general fund—state appropriation for fiscal
30 year 2026 and $424,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for the department to operate
32 body scanner programs to conduct security screenings for employees,
33 contractors, visitors, volunteers, incarcerated individuals, and
34 other persons entering the secure perimeters at the Washington
35 corrections center for women and the Washington corrections center.
36    (7) HEALTH CARE SERVICES
37 General Fund—State Appropriation (FY 2026). . . . . . .     $270,784,000
38 General Fund—State Appropriation (FY 2027). . . . . . .     $275,569,000
39 General Fund—Federal Appropriation. . . . . . . . . . . .     $6,720,000
  p. 268  ESSB 5167.SL
1 General Fund—Private/Local Appropriation. . . . . . . . . . .  $2,000
2 Opioid Abatement Settlement Account—State
3    Appropriation. . . . . . . . . . . . . . . . . . . . . $8,916,000
4TOTAL APPROPRIATION. . . . . . . . . . . . . . . $561,991,000
5    The   appropriations     in    this   subsection   are    subject   to   the
6 following conditions and limitations:
7     (a)   The  state   prison  medical facilities may use   funds
8 appropriated in this subsection to purchase goods, supplies, and
9 services through hospital or other group purchasing organizations
10 when it is cost effective to do so.
11    (b)   $13,605,000   of   the   general    fund—state     appropriation   for
12 fiscal year 2026 and $13,605,000 of the general fund—state
13 appropriation for fiscal year 2027 are provided solely for medical
14 staffing in prisons for patient centered care and behavioral health
15 care. Funding must be used to increase access to care, addiction
16 care, and expanded screening of individuals in prison facilities to
17 include chronic illnesses, infectious disease, diabetes, heart
18 disease, serious mental health, and behavioral health services.
19    (c) $2,238,000 of the general fund—state appropriation for fiscal
20 year 2026 and $2,238,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for restrictive housing to
22 reduce the use of solitary confinement by increasing correctional
23 staffing, incorporating mental health training, and implementing
24 change to restrictive housing environments.
25    (d) $441,000 of the general fund—state appropriation for fiscal
26 year 2026 and $441,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely for the AMEND collaboration and
28 training program.
29    (e) $3,308,000 of the general fund—state appropriation for fiscal
30 year 2026 and $3,326,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for reentry investments to
32 include reentry and discharge services and staffing to support the
33 iCOACH supervision model. The staffing and resources must provide
34 expanded reentry and discharge services to include, but not limited
35 to, transition services, enhanced health care discharge planning,
36 case management, health care discharge teams, and evaluation of
37 physical health and behavioral health.
38     (f) $8,916,000 of the opioid abatement settlement account—state
39 appropriation is provided solely for opioid treatment for individuals
  p. 269  ESSB 5167.SL
1 in the department of corrections' custody on full confinement. This
2 funding is provided:
3     (i) Solely for medication for the treatment of opioid use
4 disorder of incarcerated individuals; and
5     (ii) To ensure each and every single individual transferring into
6 the department of corrections' custody on full confinement is
7 provided medications for opioid use disorder if they were on
8 medications for opioid use disorder in jail or out of custody prior
9 to their transfer to the department of corrections.
10    (g) $1,784,000 of the general fund—state appropriation for fiscal
11 year 2026 and $1,784,000 of the general fund—state appropriation for
12 fiscal year 2027 are provided solely for medication for the treatment
13 of opioid use disorder to ensure each and every single individual
14 transferring into the department of corrections' custody on full
15 confinement is provided medications for opioid use disorder if they
16 were on medications for opioid use disorder in jail or out of custody
17 prior to their transfer to the department of corrections.
18     (h)(i) $2,505,000 of the general fund—state appropriation for
19 fiscal year 2026 is provided solely for the statewide electronic
20 health   records  solution   and  is   subject   to  the  conditions,
21 limitations, and review requirements of section 701 of this act. The
22 federal match for the department is appropriated to the health care
23 authority, see section 211(60) of this act.
24     (ii) The statewide electronic health records solution must use an
25 agile development model holding live demonstrations of functioning
26 software, developed using incremental user research, held at the end
27 of two-week sprints.
28     (iii) The statewide electronic health records solution must be
29 capable of being continually updated, as necessary.
30     (iv)(A) The department must collaborate with the department of
31 social and health services and the health care authority and, as a
32 team, must work to successfully meet budget, scope, and schedule for
33 the statewide electronic health records solution.
34     (B) Beginning July 1, 2025, the department of corrections agency
35 project team shall provide necessary updates to the health care
36 authority foundational project team for the statewide electronic
37 health records solution within 15 calendar days of the end of each
38 fiscal quarter.
  p. 270  ESSB 5167.SL
1     (C) The information provided to the health care authority shall
2 include how funding was spent compared to the budget spending plan
3 for the prior quarter by fiscal month and what the next quarter
4 budget will be by fiscal month.
5     (D) The requirements of the quarterly report are listed in
6 section 211(58) of this act.
7     (i) $159,000 of the general fund—state appropriation for fiscal
8 year 2026 and $212,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for direct variable costs at
10 Washington corrections center for women.
11     (j) $247,000 of the general fund—state appropriation for fiscal
12 year 2026 and $329,000 of the general fund—state appropriation for
13 fiscal year 2027 are provided solely for the department to reopen and
14 operate living unit L at the Washington corrections center for women.
15     (k) $1,612,000 of the general fund—state appropriation for fiscal
16 year 2026 and $1,612,000 of the general fund—state appropriation for
17 fiscal year 2027 are provided solely for the department to operate
18 body scanner programs to conduct security screenings for employees,
19 contractors, visitors, volunteers, incarcerated individuals, and
20 other persons entering the secure perimeters at the Washington
21 corrections center for women and the Washington corrections center.
22     (l) The department of corrections shall promptly notify the
23 office of the attorney general upon the receipt of a request from or
24 on behalf of a federal agency or a federal, state, or local law
25 enforcement authority for health care information, as defined in RCW
26 70.02.010,   program   eligibility    information   for   individuals,
27 information that may identify a health care provider's or facility's
28 delivery of health care services to noncitizens, or the delivery of
29 protected health care services as defined in RCW 7.115.010 where the
30 request may impact expenditures for such services. The department of
31 corrections  shall   require  contracted  entities  to   notify  the
32 department of corrections promptly upon receipt of a request from a
33 federal agency or law enforcement authority as described in this
34 subsection.
35     (m) $451,000 of the general fund—state appropriation for fiscal
36 year 2026 and $468,000 of the general fund—state appropriation for
37 fiscal year 2027 are provided solely for implementation of Substitute
38 Senate Bill No. 5388 (DOC behavioral health cert.). If the bill is
  p. 271  ESSB 5167.SL
1 not enacted by June 30, 2025, the amounts provided in this subsection
2 shall lapse.
*Sec. 230 was partially vetoed. See message at end of chapter.
3      NEW SECTION.      Sec. 231.     FOR THE DEPARTMENT OF SERVICES FOR THE
4  BLIND
5  General Fund—State Appropriation (FY 2026). . . . . . . .  $5,820,000
6  General Fund—State Appropriation (FY 2027). . . . . . . .  $6,060,000
7  General Fund—Federal Appropriation. . . . . . . . . . . . $29,824,000
8  General Fund—Private/Local Appropriation. . . . . . . . . . . $68,000
9TOTAL APPROPRIATION. . . . . . . . . . . . . . .  $41,772,000
10     The appropriations in this section are subject to the following
11 conditions    and   limitations:     $99,000    of   the    general    fund—state
12 appropriation for fiscal year 2026 and $99,000 of the general fund—
13 state appropriation for fiscal year 2027 are provided solely for
14 grants to federally recognized tribes of Washington to support
15 culturally    appropriate    vocational    rehabilitation  services,
16 independent living, youth supports, and adaptive technologies for
17 tribal members who are blind, low-visioned, or deaf-blind.
18     NEW SECTION.     Sec. 232.    FOR THE EMPLOYMENT SECURITY DEPARTMENT
19 General Fund—State Appropriation (FY 2026). . . . . . . . . . $18,000
20 General Fund—Federal Appropriation. . . . . . . . . . .  $180,070,000
21 General Fund—Private/Local Appropriation. . . . . . . . . $38,716,000
22 Unemployment Compensation Administration Account—
23     Federal Appropriation. . . . . . . . . . . . . . . .  $307,077,000
24 Administrative Contingency Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . .  $44,230,000
26 Employment Service Administrative Account—State
27     Appropriation. . . . . . . . . . . . . . . . . . . .  $126,348,000
28 Family and Medical Leave Insurance Account—State
29     Appropriation. . . . . . . . . . . . . . . . . . . .  $192,400,000
30 Long-Term Services and Supports Trust Account—State
31     Appropriation. . . . . . . . . . . . . . . . . . . .  $49,760,000
32 Workforce Education Investment Account—State
33     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $26,000
34TOTAL APPROPRIATION. . . . . . . . . . . . . . . $938,645,000
  p. 272  ESSB 5167.SL
1     The appropriations in this section are subject to the following
2 conditions and limitations:
3     (1) The department is directed to maximize the use of federal
4 funds. The department must update its budget annually to align
5 expenditures with anticipated changes in projected revenues.
6     (2) $6,397,000 of the long-term services and supports trust
7 account—state appropriation is provided solely for implementation of
8 the long-term services and support trust program information
9 technology project and is subject to the conditions, limitations, and
10 review provided in section 701 of this act.
11     (3) Within existing resources, the department must reassess its
12 ongoing staffing and funding needs for the paid family medical leave
13 program and submit documentation of the updated need to the governor
14 and appropriate committees of the legislature by October 1st of each
15 fiscal year.
16     (4) Within existing resources, the department shall report the
17 following to the legislature and the governor by October 15th of each
18 fiscal year:
19     (a) An inventory of the department's programs, services, and
20 activities, identifying federal, state, and other funding sources for
21 each;
22     (b) Federal grants received by the department, segregated by line
23 of business or activity, for the most recent five fiscal years, and
24 the applicable rules;
25     (c) State funding available to the department, segregated by line
26 of business or activity, for the most recent five fiscal years;
27     (d) A history of staffing levels by line of business or activity,
28 identifying sources of state or federal funding, for the most recent
29 five fiscal years;
30     (e) A projected spending plan for the employment services
31 administrative account and the administrative contingency account.
32 The spending plan must include forecasted revenues and estimated
33 expenditures under various economic scenarios.
34     (5) $4,684,000 of the administrative contingency account—state
35 appropriation is provided solely for career connected learning grants
36 as provided in RCW 28C.30.050, including sector intermediary grants,
37 technical assistance and support grants, and administrative expenses
38 associated with grant administration.
  p. 273  ESSB 5167.SL
1    (6)(a)   $9,154,000   of   the     employment   service   administrative
2  account—state appropriation is provided solely for the replacement of
3  the WorkSource integrated technology platform. The replacement system
4  must support the workforce administration statewide to ensure
5  adoption of the United States department of labor's integrated
6  service delivery model and program performance requirements for the
7  state's workforce innovation and opportunity act and other federal
8  grants. This subsection is subject to the conditions, limitations,
9  and review provided in section 701 of this act.
10     (b) $5,938,000 of the employment service administrative account—
11 state appropriation is provided solely for the maintenance and
12 operations of the WorkSource integrated technology project.
13     (7) $12,338,000 of the employment services administrative account
14 —state appropriation is provided solely for implementation of the
15 economic services for all programs as defined in chapter 92, Laws of
16 2024. The department must collect quarterly data on the number of
17 participants that participate in the economic security for all
18 program, the costs associated with career, training, and other
19 support services provided by category, including, but not limited to,
20 child care, housing, transportation, and car repair, and progress
21 made towards self-sufficiency. The department must provide a report
22 to the governor and the legislature by December 1, 2026, that
23 includes an analysis of the program, a detailed summary of the
24 quarterly data collected, and associated recommendations for program
25 delivery.
26     (8) $3,826,000 of the employment services administration account—
27 state appropriation is provided solely for the continuation of the
28 office of agricultural and seasonal workforce services.
29     (9) $280,000 of the administrative contingency account—state
30 appropriation is provided solely for one full-time employee to
31 provide casework on behalf of constituents who contact their
32 legislators to escalate unresolved claims.
33     (10)(a) $7,792,000 of the administrative contingency account—
34 state appropriation and $14,470,000 of the employment service
35 administrative account—state appropriation are provided solely to
36 address a projected shortfall of federal revenue that supports the
37 administration of the unemployment insurance program.
38     (b) The department must submit a report no later than November
39 1st of each year in the fiscal biennium to the governor and the
  p. 274  ESSB 5167.SL
1  appropriate committees of the legislature outlining how the funding
2  in (a) of this subsection is being utilized and recommendations for
3  long-term solutions to address future decreases in federal funding.
4      (11) $10,823,000 of the family and medical leave insurance
5  account—state appropriation is provided solely to increase staffing
6  for the paid family and medical leave program to process claims and
7  respond to customer and employer inquiries in a timely manner.
8      (12) $8,966,000 of the family and medical leave insurance account
9 —state appropriation is provided solely for information technology
10 staffing   to  complete   system  enhancements  for   any  remaining
11 statutorily required components of the paid family and medical leave
12 program, including, but not limited to, the establishment and
13 collection of overpayments, crossmatching eligibility with other
14 programs, and elective coverage for tribes. This subsection is
15 subject to the conditions, limitations, and review provided in
16 section 701 of this act.
17     (13) $5,074,000 of the long-term services and supports trust
18 account—state appropriation is provided solely for implementation of
19 chapter 120, Laws of 2024 (LTSS trust access). This subsection is
20 subject to the conditions, limitations, and review provided in
21 section 701 of this act.
22     (14) $500,000 of the unemployment compensation administration
23 account—federal appropriation is provided solely for the department
24 to contract with a vendor to evaluate current unemployment insurance
25 technology systems and to produce a comprehensive roadmap that
26 addresses system challenges, makes recommendations for future
27 enhancements,    and   identifies   costs   associated    with   the
28 recommendations. If the department does not receive adequate funding
29 form the United States department of labor to cover these costs, the
30 department may use funding made available to the state through
31 section 903 (d), (f), and (g) of the social security act (Reed act)
32 in an amount not to exceed the amount provided in this subsection.
33 This subsection is subject to the conditions, limitations, and review
34 provided in section 701 of this act.
35     (15) Within existing resources, the department must submit a
36 report to the legislature and the governor by September 12, 2026,
37 that provides an analysis of unemployment insurance fraud, strategies
38 deployed to address fraud including those that reduce the false-
39 positive rate, percentage of fraudulent issues identified to claims
  p. 275  ESSB 5167.SL
1 filed and the average number of days to resolve, alternative
2 approaches that the department could consider along with potential
3 benefits, risks, and costs, and the necessary staffing levels to
4 address fraudulent claims.
5     (16) $11,156,000 of the employment services administrative
6  account—state appropriation is provided solely to increase staffing
7  for the unemployment insurance program to process claims and respond
8  to customer inquiries in a timely manner and to maintain unemployment
9  insurance ambassadors.
10     (17) $852,000 of the employment services administrative account—
11 state appropriation is provided solely for implementation of
12 Engrossed Substitute Senate Bill No. 5041 (unemp ins/strikes &
13 lockouts). If the bill is not enacted by June 30, 2025, the amount
14 provided in this subsection shall lapse.
15     (18) $30,000 of the family and medical leave insurance account—
16 state appropriation is provided solely for implementation of
17 Substitute Senate Bill No. 5191 (dockworkers/PFML premiums). If the
18 bill is not enacted by June 30, 2025, the amount provided in this
19 subsection shall lapse.
20     (19) $9,606,000 of the long-term services and supports trust
21 account—state appropriation is provided solely for implementation of
22 Engrossed Substitute Senate Bill No. 5291 (long-term services trust).
23 If the bill is not enacted by June 30, 2025, the amount provided in
24 this subsection shall lapse.
25     (20) $556,000 of the employment services administrative account—
26 state appropriation is provided solely for implementation of
27 Engrossed Substitute Senate Bill No. 5525 (business closures &
28 layoffs). If the bill is not enacted by June 30, 2025, the amount
29 provided in this subsection shall lapse.
30     (21) $51,000 of the employment service administrative account—
31 state appropriation is provided solely to support the underground
32 economy task force created in section 906, chapter 376, Laws of 2024.
33     (22) $4,936,000 of the family and medical leave insurance account
34 —state appropriation is provided solely for the implementation of
35 Engrossed Second Substitute House Bill No. 1213 (paid family &
36 medical leave). If the bill is not enacted by June 30, 2025, the
37 amount provided in this subsection shall lapse.
38     (23) $1,000,000 of the administrative contingency account—state
39 appropriation  is   provided solely   to  improve   access  to  the
  p. 276  ESSB 5167.SL
1  unemployment   insurance  program  to   underserved  communities   by
2  expanding the use of navigators within community-based organizations.
3  At a minimum, $684,000 of the amount shall be used to contract with
4  community-based organizations to raise awareness of the unemployment
5  insurance program and help individuals navigate the application
6  process.
7    NEW SECTION.   Sec. 233.   FOR THE DEPARTMENT OF CHILDREN, YOUTH,
8 AND FAMILIES—GENERAL
9     (1) The appropriations to the department of children, youth, and
10 families in this act shall be expended for the programs and in the
11 amounts specified in this act. Appropriations made in this act to the
12 department of children, youth, and families shall initially be
13 allotted as required by this act. The department shall seek approval
14 from the office of financial management prior to transferring moneys
15 between sections of this act except as expressly provided in this
16 act. Subsequent allotment modifications shall not include transfers
17 of moneys between sections of this act except as expressly provided
18 in this act, nor shall allotment modifications permit moneys that are
19 provided solely for a specified purpose to be used for other than
20 that purpose.
21     (2) The health care authority, the health benefit exchange, the
22 department of social and health services, the department of health,
23 the department of corrections, and the department of children, youth,
24 and families shall work together within existing resources to
25 establish the health and human services enterprise coalition (the
26 coalition). The coalition, led by the health care authority, must be
27 a multi-organization collaborative that provides strategic direction
28 and federal funding guidance for projects that have cross-
29 organizational or enterprise impact, including information technology
30 projects that affect organizations within the coalition. Washington
31 technology solutions shall maintain a statewide perspective when
32 collaborating with the coalition to ensure that projects are planned
33 for in a manner that ensures the efficient use of state resources,
34 supports the adoption of a cohesive technology and data architecture,
35 and maximizes federal financial participation.
36     (3) Information technology projects or investments and proposed
37 projects or investments impacting time capture, payroll and payment
38 processes   and   systems,   eligibility,  case    management,  and
  p. 277  ESSB 5167.SL
1 authorization systems within the department are subject to technical
2 oversight by Washington technology solutions.
3     (4) The department of children, youth, and families shall
4 promptly notify the office of the attorney general upon the receipt
5 of a request from or on behalf of a federal agency or a federal,
6 state,   or  local   law  enforcement   authority for   health  care
7 information, as defined in RCW 70.02.010, program eligibility
8 information for individuals, information that may identify a health
9 care provider's or facility's delivery of health care services to
10 noncitizens, or the delivery of protected health care services as
11 defined in RCW 7.115.010 where the request may impact expenditures
12 for such services. The department shall require contracted entities
13 to notify the department promptly upon receipt of a request from a
14 federal agency or law enforcement authority as described in this
15 subsection.
16*NEW SECTION.    Sec. 234.        FOR THE DEPARTMENT OF CHILDREN, YOUTH,
17 AND FAMILIES—CHILDREN AND FAMILIES SERVICES PROGRAM
18 General Fund—State Appropriation (FY 2026). . . . . . .  $539,542,000
19 General Fund—State Appropriation (FY 2027). . . . . . .  $547,301,000
20 General Fund—Federal Appropriation. . . . . . . . . . .  $519,549,000
21 General Fund—Private/Local Appropriation. . . . . . . . .  $2,824,000
22 Opioid Abatement Settlement Account—State
23     Appropriation. . . . . . . . . . . . . . . . . . . . . $3,888,000
24TOTAL APPROPRIATION. . . . . . . . . . . . . . $1,613,104,000
25     The appropriations in this section are subject to the following
26 conditions and limitations:
27(1) $579,000 of the general fund—state appropriation for fiscal
28 year    2026,     $579,000   of    the   general    fund—state    appropriation   for
29 fiscal     year     2027,    and    $110,000       of   the   general   fund—federal
30 appropriation are provided solely for a receiving care center east of
31 the Cascade mountains.
32(2) $453,000 of the general fund—state appropriation for fiscal
33 year 2026 and $453,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely for the costs of hub home foster
35 and kinship families that provide a foster care delivery model that
36 includes a hub home. Use of the hub home model is intended to support
37 foster parent retention, provide support to biological families,
  p. 278  ESSB 5167.SL
1 improve child outcomes, and encourage the least restrictive community
2 placements for children in out-of-home care.
3    (3) $1,620,000 of the general fund—state appropriation for fiscal
4 year 2026 and $1,620,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for services provided through
6 children's advocacy centers.
7     (4) In each fiscal year, the department shall provide a tracking
8 report for social service specialists and corresponding social
9 services support staff to the office of financial management, and the
10 appropriate policy and fiscal committees of the legislature. The
11 report shall detail continued implementation of the targeted 1:18
12 caseload ratio standard for child and family welfare services
13 caseload-carrying staff and targeted 1:8 caseload ratio standard for
14 child protection services caseload carrying staff. To the extent to
15 which the information is available, the report shall include the
16 following information identified separately for social service
17 specialists doing case management work, supervisory work, and
18 administrative support staff, and identified separately by job duty
19 or program, including but not limited to intake, child protective
20 services investigations, child protective services family assessment
21 response, and child and family welfare services:
22     (a) Total full-time equivalent employee authority, allotments and
23 expenditures by region, office, classification, and band, and job
24 duty or program;
25     (b) Vacancy rates by region, office, and classification and band;
26 and
27     (c) Average length of employment with the department, and when
28 applicable, the date of exit for staff exiting employment with the
29 department by region, office, classification and band, and job duty
30 or program.
31    (5) $94,000 of the general fund—state appropriation for fiscal
32 year 2026 and $94,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for a contract with a child
34 advocacy center in Spokane to provide continuum of care services for
35 children who have experienced abuse or neglect and their families.
36    (6)(a)   $539,000   of   the   general   fund—state   appropriation   for
37 fiscal year 2026, $540,000 of the general fund—state appropriation
38 for fiscal year 2027, $656,000 of the general fund—private/local
39 appropriation, and $252,000 of the general fund—federal appropriation
  p. 279  ESSB 5167.SL
1 are provided solely for a contract with an educational advocacy
2 provider with expertise in foster care educational outreach. The
3 amounts in this subsection are provided solely for contracted
4 education coordinators to assist foster children in succeeding in
5 K-12 and higher education systems and to assure a focus on education
6 during the department's transition to performance-based contracts.
7 Funding must be prioritized to regions with high numbers of foster
8 care youth, regions where backlogs of youth that have formerly
9 requested educational outreach services exist, or youth with high
10 educational needs. The department is encouraged to use private
11 matching funds to maintain educational advocacy services.
12     (b) The department shall contract with the office of the
13 superintendent of public instruction, which in turn shall contract
14 with a nongovernmental entity or entities to provide educational
15 advocacy services pursuant to RCW 28A.300.590.
16     (7) For purposes of meeting the state's maintenance of effort for
17 the state supplemental payment program, the department of children,
18 youth, and families shall track and report to the department of
19 social and health services the monthly state supplemental payment
20 amounts attributable to foster care children who meet eligibility
21 requirements specified in the state supplemental payment state plan.
22 Such expenditures must equal at least $3,100,000 annually and may not
23 be   claimed  toward   any  other   federal   maintenance  of  effort
24 requirement. Annual state supplemental payment expenditure targets
25 must continue to be established by the department of social and
26 health services. Attributable amounts must be communicated by the
27 department of children, youth, and families to the department of
28 social and health services on a monthly basis.
29    (8) $197,000 of the general fund—state appropriation for fiscal
30 year 2026 and $197,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for the department to conduct
32 biennial inspections and certifications of facilities, both overnight
33 and day shelters, that serve those who are under 18 years old and are
34 homeless.
35    (9)(a) $7,106,000 of the general fund—state appropriation for
36 fiscal year 2026, $7,106,000 of the general fund—state appropriation
37 for fiscal year 2027, and $1,188,000 of the general fund—federal
38 appropriation are provided solely for the department to operate
39 emergent placement and enhanced emergent placement contracts.
  p. 280  ESSB 5167.SL
1     (b) The department shall not include the costs to operate
2 emergent placement contracts in the calculations for family foster
3 home maintenance payments and shall submit as part of the budget
4 submittal   documentation   required  by  RCW   43.88.030  any   costs
5 associated with increases in the number of emergent placement
6 contract beds after the effective date of this section that cannot be
7 sustained within existing appropriations.
8     (10) The department must provide semiannual reports to the
9 governor and appropriate legislative committees that includes the
10 number of in-state behavioral rehabilitation services providers and
11 licensed beds, the number of out-of-state behavioral rehabilitation
12 services placements, and a comparison of these numbers to the same
13 metrics expressed as an average over the prior six months. The report
14 shall   identify   separately   beds with   the   enhanced  behavioral
15 rehabilitation services rate. To the extent the information is
16 available, the report shall include the same information for
17 emergency placement services beds and enhanced emergency placement
18 services beds.
19     (11) $250,000 of the general fund—state appropriation for fiscal
20 year 2026 and $250,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for implementing the supportive
22 visitation model that utilizes trained visit navigators to provide a
23 structured and positive visitation experience for children and their
24 parents.
25     (12) $600,000 of the general fund—state appropriation for fiscal
26 year 2026 and $600,000 of the general fund—state appropriation for
27 fiscal year 2027 are provided solely for enhanced adoption placement
28 services for legally free children in state custody, through a
29 partnership with a national nonprofit organization with private
30 matching funds. These funds must supplement, but not supplant, the
31 work of the department to secure permanent adoptive homes for
32 children with high needs.
33     (13) The department of children, youth, and families shall make
34 foster care maintenance payments to programs where children are
35 placed with a parent in a residential program for substance abuse
36 treatment. These maintenance payments are considered foster care
37 maintenance payments for purposes of forecasting and budgeting at
38 maintenance level as required by RCW 43.88.058.
  p. 281  ESSB 5167.SL
1      (14) If the department receives an allocation of federal funding
2  through an unanticipated receipt, the department shall not expend
3  more than what was approved or for another purpose than what was
4  approved by the governor through the unanticipated receipt process
5  pursuant to RCW 43.79.280.
6    (15)   $2,000,000   of   the   general   fund—state   appropriation   for
7 fiscal   year  2026  and  $2,000,000 of   the  general  fund—state
8 appropriation for fiscal year 2027 are provided solely for the
9 department to contract with one or more nonprofit, nongovernmental
10 organizations to purchase and deliver concrete goods to low-income
11 families.
12    (16)   $2,400,000   of   the   general   fund—state   appropriation   for
13 fiscal   year  2026   and  $2,400,000   of   the general  fund—state
14 appropriation for fiscal year 2027 are provided solely for
15 implementation of performance-based contracts for family support and
16 related services pursuant to RCW 74.13B.020.
17     (17) The department will only refer child welfare cases to the
18 department of social and health services division of child support
19 enforcement when the court has found a child to have been abandoned
20 by their parent or guardian as defined in RCW 13.34.030.
21     (18) The department shall collaborate with the department of
22 social and health services to identify, place, and assist in the
23 voluntary transition of adolescents aged 13 and older who have
24 complex developmental disabilities, intellectual disabilities, or
25 autism spectrum disorder, alongside potential mental health or
26 substance use diagnoses, into a leased facility for specialized
27 residential treatment at Lake Burien operated by the department of
28 social and health services. The partnership is dedicated to
29 transitioning individuals to community-based settings in a seamless
30 and voluntary manner that emphasizes care in less restrictive
31 community-based environments.
32    (19)   $9,376,000   of   the   general   fund—state   appropriation   for
33 fiscal year 2026, $8,709,000 of the general fund—state appropriation
34 for fiscal year 2027, and $512,000 of the general fund—federal
35 appropriation are provided solely for the phase-in of the settlement
36 agreement under D.S. et al. v. Department of Children, Youth, and
37 Families et al., United States district court for the western
38 district of Washington, cause no. 2:21-cv-00113-BJR. The department
39 must implement the provisions of the settlement agreement pursuant to
  p. 282  ESSB 5167.SL
1  the timeline and implementation plan provided for under the
2  settlement agreement. This includes implementing provisions related
3  to the emerging adulthood housing program, statewide hub home model,
4  emergent facility-based receiving care resources, and exceptional
5  placement costs. To comply with the settlement agreement, funding in
6  this subsection is provided as follows:
7(a) $1,576,000 of the general fund—state appropriation for fiscal
8 year 2026 and $1,576,000 of the general fund—state appropriation for
9 fiscal year 2027 are provided solely for the emerging adulthood
10 housing program.
11     (b) $245,000 of the general fund—state appropriation for fiscal
12 year 2026 is provided solely for the statewide hub home model. The
13 department shall develop and adapt the existing hub home model to
14 serve youth as described in the settlement agreement.
15(c) $5,959,000 of the general fund—state appropriation for fiscal
16 year 2026 and $7,016,000 of the general fund—state appropriation for
17 fiscal year 2027 are provided solely for emergent facility-based
18 receiving care resources.
19(d) $1,474,000 of the general fund—state appropriation for fiscal
20 year 2026 and $428,000 of the general fund—federal appropriation are
21 provided solely for exceptional placement costs.
22(e) $122,000 of the general fund—state appropriation for fiscal
23 year    2026,        $117,000   of    the   general        fund—state   appropriation   for
24 fiscal        year     2027,    and     $84,000       of     the   general   fund—federal
25 appropriation are provided solely for continuous quality improvement.
26(20)    $6,696,000       of    the   general    fund—state       appropriation   for
27 fiscal year 2026, $6,696,000 of the general fund—state appropriation
28 for fiscal year 2027, and $2,940,000 of the general fund—federal
29 appropriation are provided solely for contracted visitation services
30 for children in temporary out-of-home care. Funding is provided to
31 reimburse providers for certain uncompensated services, which may
32 include work associated with missed or canceled visits.
33(21) $375,000 of the general fund—state appropriation for fiscal
34 year    2026,        $375,000   of    the   general        fund—state   appropriation   for
35 fiscal        year     2027,    and    $112,000       of     the   general   fund—federal
36 appropriation are provided solely for the department to develop,
37 implement,   and  expand   strategies  to   improve   the  capacity,
38 reliability, and effectiveness of contracted visitation services for
39 children in temporary out-of-home care and their parents and
  p. 283  ESSB 5167.SL
1 siblings. Strategies may include, but are not limited to, increasing
2 mileage reimbursement for providers, offering transportation-only
3 contract options, and mechanisms to reduce the level of parent-child
4 supervision when doing so is in the best interest of the child. The
5 department shall report to the office of financial management and the
6 relevant fiscal and policy committees of the legislature regarding
7 these strategies by September 1, 2025. The report shall include the
8 number and percentage of parents requiring supervised visitation and
9 the number and percentage of parents with unsupervised visitation,
10 prior to reunification.
11    (22)    $2,351,000     of   the   general   fund—state   appropriation   for
12 fiscal   year  2026  and   $2,351,000  of   the  general   fund—state
13 appropriation for fiscal year 2027 are provided solely for a grant to
14 a nonprofit organization in Spokane that has experience administering
15 a family-centered drug treatment and housing program for families
16 experiencing substance use disorder. As a requirement for receiving
17 this funding, the nonprofit organization must provide an annual
18 report to the governor and the department that includes, but is not
19 limited to, the following information: Number of children and
20 families served each month, number of families that entered and
21 exited the program each month, and a comprehensive budget for all
22 costs incurred by the program.
23    (23) $300,000 of the general fund—state appropriation for fiscal
24 year 2026 and $300,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for implementation of Substitute
26 House Bill No. 1509 (family reconciliation). If the bill is not
27 enacted by June 30, 2025, the amounts provided in this subsection
28 shall lapse.
29     (24) Funding in this section is sufficient to maintain rates paid
30 to family preservation services providers.
31    (25) $412,000 of the general fund—state appropriation for fiscal
32 year   2026,   $365,000   of   the   general   fund—state   appropriation   for
33 fiscal year 2027, and $112,000 of the general fund—federal
34 appropriation are provided solely for an evidence-based program that
35 is used to help tribal families reunite with their children.
36     (26) $50,000 of the general fund—state appropriation for fiscal
37 year 2026 is provided solely for the department to convene a work
38 group for the purpose of examining the rights of foster youth,
39 methods of communicating these rights to foster youth, and providing
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1 recommendations to the legislature regarding these rights, by
2 December 1, 2025, and in compliance with RCW 43.01.036. Members of
3 the work group shall, at a minimum, include current or former foster
4 youth, and organizations representing current or former foster youth.
5      (27) $100,000 of the general fund—state appropriation for fiscal
6 year 2026 and $100,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely to contract for the operation of
8 one pediatric interim care center. The center shall provide
9 residential care for up to 13 children through two years of age.
10 Seventy-five percent of the children served by the center must be in
11 need of special care as a result of substance abuse by their mothers.
12 The center shall also provide onsite training to biological,
13 adoptive, or foster parents. The center shall provide at least three
14 months of consultation and support to the parents accepting placement
15 of children from the center. The center may recruit new and current
16 foster and adoptive parents for infants served by the center. The
17 department shall not require case management as a condition of the
18 contract.
19     (28) $124,000 of the general fund—state appropriation for fiscal
20 year   2026,   $124,000   of   the   general   fund—state        appropriation   for
21 fiscal   year  2027,  and  $60,000   of  the   general  fund—federal
22 appropriation are provided solely for implementation of Substitute
23 House Bill No. 1272 (children in crisis program). If the bill is not
24 enacted by June 30, 2025, the amounts provided in this subsection
25 shall lapse.
*Sec. 234 was partially vetoed. See message at end of chapter.
26     *NEW SECTION.      Sec. 235.     FOR THE DEPARTMENT OF CHILDREN, YOUTH,
27 AND FAMILIES—JUVENILE REHABILITATION PROGRAM
28 General Fund—State Appropriation (FY 2026). . . . . . .  $183,158,000
29 General Fund—State Appropriation (FY 2027). . . . . . .  $180,765,000
30 General Fund—Federal Appropriation. . . . . . . . . . . . .  $720,000
31 General Fund—Private/Local Appropriation. . . . . . . . . . . $28,000
32 Opioid Abatement Settlement Account—State
33     Appropriation. . . . . . . . . . . . . . . . . . . . . .  $652,000
34 Washington Auto Theft Prevention Authority Account—
35     State Appropriation. . . . . . . . . . . . . . . . . . . $196,000
36TOTAL APPROPRIATION. . . . . . . . . . . . . . . $365,519,000
  p. 285  ESSB 5167.SL
1     The appropriations in this section are subject to the following
2 conditions and limitations:
3    (1) $2,841,000 of the general fund—state appropriation for fiscal
4 year 2026 and $2,841,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for grants to county juvenile
6 courts for effective, community-based programs that are culturally
7 relevant, research-informed, and focused on supporting positive youth
8 development, not just reducing recidivism. Additional funding for
9 this purpose is provided through an interagency agreement with the
10 health care authority. County juvenile courts shall apply to the
11 department of children, youth, and families for funding for program-
12 specific participation and the department shall provide grants to the
13 courts consistent with the per-participant treatment costs identified
14 by   the  institute.   The  block   grant  oversight   committee,  in
15 consultation with the Washington state institute for public policy,
16 shall   identify   effective,  community-based programs   that  are
17 culturally relevant, research-informed, and focused on supporting
18 positive youth development to receive funding.
19    (2) $1,537,000 of the general fund—state appropriation for fiscal
20 year 2026 and $1,537,000 of the general fund—state appropriation for
21 fiscal year 2027 are provided solely for expansion of the juvenile
22 justice treatments and therapies in the department of children,
23 youth, and families. The juvenile rehabilitation evidence-based
24 expansion committee, in consultation with the Washington state
25 institute for public policy, will work with community expert partners
26 to identify culturally relevant and research-informed programs for
27 prevention and intervention services. These programs will include
28 principles   of   positive   youth  development,   healing   centered
29 engagement, or peer centered approaches that holistically benefit
30 young people, or all three principles. The department may concentrate
31 delivery of these treatments and therapies at a limited number of
32 programs to deliver the treatments in a cost-effective manner.
33    (3)(a) $8,198,000 of the general fund—state appropriation for
34 fiscal   year   2026   and   $8,198,000   of   the   general    fund—state
35 appropriation for fiscal year 2027 are provided solely to implement
36 evidence- and research-based programs through community juvenile
37 accountability grants, administration of the grants, and evaluations
38 of programs funded by the grants. In addition to funding provided in
39 this subsection, funding to implement alcohol and substance abuse
  p. 286  ESSB 5167.SL
1 treatment programs for locally committed offenders is provided
2 through an interagency agreement with the health care authority.
3     (b) The department of children, youth, and families shall
4 administer a block grant to county juvenile courts for the purpose of
5 serving youth as defined in RCW 13.40.510(4)(a) in the county
6 juvenile justice system. Funds dedicated to the block grant include:
7 Consolidated    juvenile    service    funds,    community    juvenile
8 accountability   act   grants,   chemical   dependency/mental   health
9 disposition alternative, and suspended disposition alternative. The
10 department of children, youth, and families shall follow the
11 following formula and must prioritize evidence-based programs and
12 disposition alternatives and take into account juvenile courts
13 program-eligible youth in conjunction with the number of youth served
14 in each approved evidence-based program or disposition alternative:
15 (i) Thirty-seven and one-half percent for the at-risk population of
16 youth ten to seventeen years old; (ii) fifteen percent for the
17 assessment of low, moderate, and high-risk youth; (iii) twenty-five
18 percent for evidence-based program participation; (iv) seventeen and
19 one-half percent for minority populations; (v) three percent for the
20 chemical dependency and mental health disposition alternative; and
21 (vi) two percent for the suspended dispositional alternatives.
22 Funding for the special sex offender disposition alternative shall
23 not be included in the block grant, but allocated on the average
24 daily population in juvenile courts. Funding for the evidence-based
25 expansion grants shall be excluded from the block grant formula.
26 Funds may be used for promising practices when approved by the
27 department of children, youth, and families and juvenile courts,
28 through the community juvenile accountability act committee, based on
29 the criteria established in consultation with Washington state
30 institute for public policy and the juvenile courts.
31     (c) The department of children, youth, and families and the
32 juvenile courts shall establish a block grant funding formula
33 oversight committee with equal representation from the department of
34 children, youth, and families and the juvenile courts. The purpose of
35 this committee is to assess the ongoing implementation of the block
36 grant funding formula, utilizing data-driven decision making and the
37 most current available information. The committee will be co-chaired
38 by the department of children, youth, and families and the juvenile
39 courts, who will also have the ability to change members of the
40 committee as needed to achieve its purpose. The committee may make
  p. 287  ESSB 5167.SL
1 changes to the formula categories in (b) of this subsection if it
2 determines the changes will increase statewide service delivery or
3 effectiveness of evidence-based program or disposition alternative
4 resulting in increased cost/benefit savings to the state, including
5 long-term cost/benefit savings. The committee must also consider
6 these outcomes in determining when evidence-based expansion or
7 special sex offender disposition alternative funds should be included
8 in the block grant or left separate.
9     (d) The juvenile courts and administrative office of the courts
10 must collect and distribute information and provide access to the
11 data systems to the department of children, youth, and families and
12 the Washington state institute for public policy related to program
13 and outcome data. The department of children, youth, and families and
14 the juvenile courts must work collaboratively to develop program
15 outcomes that reinforce the greatest cost/benefit to the state in the
16 implementation   of    evidence-based   practices   and   disposition
17 alternatives.
18    (4) $808,000 of the general fund—state appropriation for fiscal
19 year 2026 and $808,000 of the general fund—state appropriation for
20 fiscal year 2027 are provided solely for funding of the teamchild
21 project.
22    (5) $500,000 of the general fund—state appropriation for fiscal
23 year 2026 and $500,000 of the general fund—state appropriation for
24 fiscal year 2027 are provided solely for a grant program focused on
25 criminal street gang prevention and intervention. The department of
26 children, youth, and families may award grants under this subsection.
27 The department of children, youth, and families shall give priority
28 to applicants who have demonstrated the greatest problems with
29 criminal street gangs. Applicants composed of, at a minimum, one or
30 more local governmental entities and one or more nonprofit,
31 nongovernmental organizations that have a documented history of
32 creating and administering effective criminal street gang prevention
33 and intervention programs may apply for funding under this
34 subsection. Each entity receiving funds must report to the department
35 of children, youth, and families on the number and types of youth
36 served, the services provided, and the impact of those services on
37 the youth and the community.
38     (6) The juvenile rehabilitation institutions may use funding
39 appropriated in this subsection to purchase goods, supplies, and
  p. 288  ESSB 5167.SL
1 services through hospital group purchasing organizations when it is
2 cost-effective to do so.
3    (7) $50,000 of the general fund—state appropriation for fiscal
4 year 2026 and $50,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for grants to county juvenile
6 courts to establish alternative detention facilities similar to the
7 proctor house model in Jefferson county, Washington, that will
8 provide less restrictive confinement alternatives to youth in their
9 local communities. County juvenile courts shall apply to the
10 department of children, youth, and families for funding and each
11 entity receiving funds must report to the department on the number
12 and types of youth serviced, the services provided, and the impact of
13 those services on the youth and the community.
14    (8) $432,000 of the general fund—state appropriation for fiscal
15 year 2026 and $432,000 of the general fund—state appropriation for
16 fiscal year 2027 are provided solely for the department to provide
17 housing services to clients releasing from incarceration into the
18 community.
19    (9)(a)    $878,000   of   the   general   fund—state   appropriation   for
20 fiscal year 2026 and $879,000 of the general fund—state appropriation
21 for fiscal year 2027 are provided solely for implementation of
22 chapter 206, Laws of 2021 (concerning juvenile rehabilitation
23 community transition services).
24     (b) Of the amounts provided in (a) of this subsection, $105,000
25 of the general fund—state appropriation for fiscal year 2026 and
26 $105,000 of the general fund—state appropriation for fiscal year 2027
27 are provided solely for housing vouchers.
28    (10)(a)   $140,000   of   the   general   fund—state   appropriation   for
29 fiscal year 2026 and $140,000 of the general fund—state appropriation
30 for fiscal year 2027 are provided solely for implementation  of
31 chapter 150, Laws of 2023 (sexual offenses by youth).
32     (b) The department of children, youth, and families—juvenile
33 rehabilitation shall develop and implement a grant program that
34 allows defense attorneys and counties to apply for funding for sex
35 offender evaluation and treatment programs. The department shall
36 provide funding to counties for: (a) Process mapping, site
37 assessment, and training for additional sex offender treatment
38 modalities such as multisystemic therapy-problem sexual behavior or
39 problematic sexual behavior-cognitive behavioral therapy; and (b) for
  p. 289  ESSB 5167.SL
1 any evaluation and preadjudication  treatment   costs   which   are   not
2 covered by the court.
3(11) $505,000 of the general fund—state appropriation for fiscal
4 year 2026 and $505,000 of the general fund—state appropriation for
5 fiscal year 2027 are provided solely for contracted services for
6 housing for youth exiting juvenile rehabilitation facilities.
7    (12)     $1,182,000     of   the   general    fund—state    appropriation      for
8 fiscal   year  2026   and  $1,182,000   of  the   general  fund—state
9 appropriation for fiscal year 2027 are provided solely for a
10 dedicated institutional educational oversight and accountability team
11 and staff at Green Hill and Echo Glen secure facilities that will
12 serve as an educational engagement team at the facility and will also
13 coordinate and engage with community enrichment programs and
14 community organizations to afford more successful transitions.
15    (13)     $1,048,000     of   the   general    fund—state    appropriation      for
16 fiscal   year  2026   and   $1,048,000 of   the  general  fund—state
17 appropriation for fiscal year 2027 are provided solely for a contract
18 to   provide   opioid   use   disorder  post-release  education   and
19 intervention services.
20     (14) $652,000 of the opioid abatement settlement account—state
21 appropriation is provided solely for medical personnel to provide
22 medications for opioid use disorder (MOUD) education and treatment.
23    (15)     $12,500,000    of   the   general    fund—state    appropriation      for
24 fiscal year 2026 and $12,500,000 of the general fund—state
25 appropriation for fiscal year 2027 are provided solely for the
26 department to open and operate a 48-bed living unit, a modular
27 building, and recreation area at the Stafford Creek corrections
28 center in Aberdeen.
29    (16) $406,000 of the general fund—state appropriation for fiscal
30 year    2026,   $392,000   of   the   general    fund—state    appropriation      for
31 fiscal   year  2027,  and  $16,000  of   the  general   fund—federal
32 appropriation are provided solely for dedicated classification
33 specialists to create and operate a formal classification process to
34 provide more frequent individualized security-level reviews at each
35 full and partial confinement facility operated by the department of
36 children, youth, and families—juvenile rehabilitation program. The
37 classification specialists must also review and update the policies
38 for   assigning   security   classification  levels   for   juvenile
39 rehabilitation  youth   to  provide   more  frequent  individualized
  p. 290  ESSB 5167.SL
1 security-level reviews at each full and partial confinement facility
2 operated by the department. The department shall update any rules
3 necessary to implement the updated policies. This review and update
4 must include: (a) The consideration of incorporating evidence-based
5 criteria for assigning security classification; (b) the frequency for
6 the review of each person's classification; (c) if deemed necessary,
7 the development of additional security classifications to better
8 reflect the population and available institutional settings; and (d)
9 criteria for the override of a security classification by the
10 superintendent or other authorized person. The classification
11 specialists are encouraged to consult with experts in trauma-informed
12 juvenile   rehabilitation   policy,   experts   with  experience   in
13 noninstitutional approaches to juvenile justice, experts in child
14 psychology and development, individuals with lived experience in
15 juvenile rehabilitation institutions, and experts that may be able to
16 provide a culturally relevant perspective to policies and programs
17 offered in juvenile rehabilitation institutions. The department shall
18 report to the appropriate committees of the legislature any statutory
19 barriers to incorporating evidence-based best practices into the
20 updated policies.
21     (17) $266,000 of the general fund—state appropriation for fiscal
22 year   2026,   $252,000   of   the   general   fund—state   appropriation   for
23 fiscal   year  2027,   and   $10,000   of the  general   fund—federal
24 appropriation   are   provided    solely  for  dedicated    infraction
25 specialists to create and implement an infractions policy to respond
26 to incidents of violence, harmful behaviors, and safety issues at
27 each full and partial confinement facility operated by the
28 department. The department shall, in consultation with organizations
29 focused on juvenile justice policy and reform, review every six
30 months the infraction data to identify disparities and implement any
31 necessary changes to the system to address such disparities. This
32 review shall also include an assessment of factors that lead to the
33 most common infractions, including staffing, facility population, and
34 availability of programming.
35     (18)(a)    $133,000   of   the   general   fund—state   appropriation   for
36 fiscal year 2026 and $126,000 of the general fund—state appropriation
37 for fiscal year 2027 are provided solely for the department of
38 children, youth, and families—juvenile rehabilitation to develop an
39 Excel spreadsheet capacity needs assessment model (CNAM) for all
  p. 291  ESSB 5167.SL
1 secure residential facilities, community residential facilities, and
2 community transition services for which the juvenile rehabilitation
3 is responsible or that are operated, managed, or administered by the
4 juvenile rehabilitation. The capacity needs assessment model must
5 provide a level of detail comparable to that provided by the capacity
6 needs assessment model maintained by the department of corrections
7 research and analytics team for bed capacity. This capacity needs
8 assessment model shall provide the department with a predictive tool
9 that shows the current number of beds available and the forecasted
10 number of beds that are needed, by security level, by fiscal year,
11 over a 10 fiscal-year period. Similar to the department of
12 corrections' capacity needs assessment model, the model developed by
13 juvenile rehabilitation must specify current and forecasted needed
14 beds based on crime of conviction and assigned custody level over 10
15 fiscal years, by gender, age, custody level, and fiscal year.
16     (b) The Excel spreadsheet capacity needs assessment model must be
17 updated after each caseload forecast council's adopted caseload
18 forecast for the juvenile rehabilitation. No later than 30 calendar
19 days after each adopted caseload forecast, the model shall be
20 electronically transmitted to the appropriate chairs of the fiscal
21 committees for the house of representatives and senate or posted on
22 the department of juvenile rehabilitation's external-facing website.
23     (19) $1,418,000 of the general fund—state appropriation for
24 fiscal year 2026 is provided solely for the department to maintain
25 the facility, property, and assets at the Naselle youth camp in
26 Naselle.
27     (20) Within existing resources, the department shall develop a
28 proposal for future capacity growth. This proposal must evaluate the
29 feasibility of using existing state-owned facilities, including, but
30 not limited to, the property and facilities of Mission Creek
31 corrections center for women, Larch corrections center, Ahtanum View
32 reentry center, Peninsula reentry center, Tri-Cities reentry center,
33 and facilities owned by the department of social and health services
34 and the department of children, youth, and families—juvenile
35 rehabilitation.   The  proposal   must   also specifically  consider
36 facilities located in eastern Washington among the possible options.
37 The department must submit a report to the office of financial
38 management and the appropriate committees of the legislature by
39 September 15, 2025. The report must include:
  p. 292  ESSB 5167.SL
1     (a) The planned bed capacity, by fiscal year, which aligns with
2 the total forecasted bed needs. The planned capacity must address
3 both a short-term solution for immediate relief of overcrowding and a
4 long-term plan to implement best practices related to the size and
5 bed capacity of juvenile rehabilitation secure institutions. The
6 planned bed capacity must display the total number of forecasted beds
7 needed and a breakout that displays the bed needs and juvenile
8 population by risk classification, gender, age, and in total;
9     (b) An assessment of the impact of expanded use of the community
10 transition   services  program   or   other  alternatives   to  total
11 confinement, on bed capacity needs;
12     (c) An assessment of the impact of expanded use of the community
13 residential facilities or other alternatives to total confinement, on
14 bed capacity needs;
15     (d) Fiscal estimates for all operational aspects of the bed
16 capacity plan by fiscal year and by fund, for each option evaluated.
17 The operational components must include a prioritized full assessment
18 of necessary capital improvements and staffing needs for custody and
19 juvenile   rehabilitation   programming  which   includes  education,
20 vocational, recreational, and therapeutic services, including but not
21 limited to any culturally relevant programming and activities that
22 may be offered to incarcerated individuals in juvenile rehabilitation
23 facilities;
24     (e) An analysis of workforce needs and availability for all
25 locations included in the plan;
26     (f) An assessment of the physical capacity of each individual
27 site for appropriate programming to support the goals of juvenile
28 rehabilitation; and
29     (g) The identification of any statutory barriers to increasing
30 the use of less restrictive settings.
31     (21) The department shall promptly notify the office of the
32 attorney general upon the receipt of a request from or on behalf of a
33 federal agency or a federal, state, or local law enforcement
34 authority for health care information, as defined in RCW 70.02.010,
35 program eligibility information for individuals, information that may
36 identify a health care provider's or facility's delivery of health
37 care services to noncitizens, or the delivery of protected health
38 care services as defined in RCW 7.115.010 where the request may
39 impact expenditures for such services. The juvenile rehabilitation
40 program shall require contracted entities to notify the juvenile
  p. 293  ESSB 5167.SL
1 rehabilitation program promptly upon receipt of a request from a
2 federal agency or law enforcement authority as described in this
3 subsection.
4     (22) $183,000 of the general fund—state appropriation for fiscal
5 year 2026 and $172,000 of the general fund—state appropriation for
6 fiscal year 2027 are provided solely for implementation of Senate
7 Bill No. 5032 (juvenile rehab. ombuds). If the bill is not enacted by
8 June 30, 2025, the amounts provided in this subsection shall lapse.
9     (23) $770,000 of the general fund—state appropriation for fiscal
10 year 2026 and $770,000 of the general fund—state appropriation for
11 fiscal year 2027 are provided solely for the department to implement
12 a secure communication technology system to provide enhanced
13 communication   services    that   allows    access   to    education,
14 rehabilitation services, and entertainment activities to be used by
15 individuals incarcerated in juvenile rehabilitation facilities.
*Sec. 235 was partially vetoed. See message at end of chapter.
16     *NEW SECTION.      Sec. 236.     FOR THE DEPARTMENT OF CHILDREN, YOUTH,
17 AND FAMILIES—EARLY LEARNING PROGRAM
18 General Fund—State Appropriation (FY 2026). . . . . . .  $934,956,000
19 General Fund—State Appropriation (FY 2027). . . . . .  $1,140,922,000
20 General Fund—Federal Appropriation. . . . . . . . . . .  $462,759,000
21 General Fund—Private/Local Appropriation. . . . . . . . . .  $579,000
22 Education Legacy Trust Account—State Appropriation. . .  $410,875,000
23 Home Visiting Services Account—State Appropriation. . . . $34,500,000
24 Home Visiting Services Account—Federal Appropriation. . . $37,059,000
25 Washington Opportunity Pathways Account—State
26     Appropriation. . . . . . . . . . . . . . . . . . . .  $80,000,000
27 Workforce Education Investment Account—State
28     Appropriation. . . . . . . . . . . . . . . . . . . .  $13,166,000
29TOTAL APPROPRIATION. . . . . . . . . . . . . . $3,114,816,000
30     The appropriations in this section are subject to the following
31 conditions and limitations:
32     (1)(a) $127,001,000 of the general fund—state appropriation for
33 fiscal    year    2026,     $133,386,000        of   the     general        fund—state
34 appropriation    for   fiscal   year   2027,     $91,810,000     of   the    education
35 legacy   trust   account—state     appropriation,      and    $80,000,000      of   the
36 opportunity pathways account—state appropriation are provided solely
  p. 294  ESSB 5167.SL
1 for the early childhood education and assistance program. These
2 amounts shall support at least 14,278 slots in fiscal year 2026 and
3 14,528 slots in fiscal year 2027. Of the total slots in each fiscal
4 year, 100 slots must be reserved for foster children to receive
5 school-year-round enrollment.
6     (b) Funding provided in (a) of this subsection is sufficient to:
7     (i) Provide a slot rate increase of five percent on full day
8 slots beginning in fiscal year 2026; and
9     (ii) Increase 250 full day slots beginning in fiscal year 2027.
10     (c) The department of children, youth, and families must develop
11 a methodology to identify, at the school district level, the
12 geographic   locations  of   where  early   childhood  education   and
13 assistance program slots are needed to meet the entitlement specified
14 in RCW 43.216.556. This methodology must be linked to the caseload
15 forecast produced by the caseload forecast council and must include
16 estimates of the number of slots needed at each school district and
17 the corresponding facility needs required to meet the entitlement in
18 accordance with RCW 43.216.556. This methodology must be included as
19 part of the budget submittal documentation required by RCW 43.88.030.
20     (2) The department is the lead agency for and recipient of the
21 federal child care and development fund grant. Amounts within this
22 grant shall be used to fund child care licensing, quality
23 initiatives, agency administration, and other costs associated with
24 child care subsidies.
25     (3) The department of children, youth, and families shall work in
26 collaboration with the department of social and health services to
27 determine the appropriate amount of state expenditures for the
28 working connections child care program to claim towards the state's
29 maintenance of effort for the temporary assistance for needy families
30 program. The departments will also collaborate to track the average
31 monthly child care subsidy caseload and expenditures by fund type,
32 including   child   care   development   fund,   general    fund—state
33 appropriation, and temporary assistance for needy families for the
34 purpose of estimating the annual temporary assistance for needy
35 families reimbursement from the department of social and health
36 services to the department of children, youth, and families.
37 Effective December 1, 2025, and annually thereafter, the department
38 of children, youth, and families must report to the governor and the
39 appropriate fiscal and policy committees of the legislature the total
40 state contribution for the working connections child care program
  p. 295  ESSB 5167.SL
1 claimed the previous fiscal year towards the state's maintenance of
2 effort for the temporary assistance for needy families program and
3 the total temporary assistance for needy families reimbursement from
4 the department of social and health services for the previous fiscal
5 year.
6     (4)(a) $185,996,000 of the general fund—state appropriation for
7 fiscal   year  2026,   $321,821,000 of  the   general  fund—state
8 appropriation for fiscal year 2027, and $900,000 of the education
9 legacy    trust   account—state
  appropriation are provided solely  for
10 enhancements to the working connections child care program.
11     (b) Of the amounts provided in (a) of this subsection:
12     (i) $126,974,000 of the general fund—state appropriation for
13 fiscal year 2027 is provided solely to increase subsidy base rates to
14 the 85th percentile of market based on the 2024 market rate survey
15 for child care centers, beginning July 1, 2026.
16     (ii) $185,996,000 of the general fund—state appropriation for
17 fiscal   year  2026,   $194,847,000 of  the   general  fund—state
18 appropriation for fiscal year 2027, and $900,000 of the education
19 legacy trust account—state appropriation are provided solely to
20 implement the 2025-2027 collective bargaining agreement covering
21 family child care providers as provided in section 907 of this act.
22 Of the amounts provided in this subsection:
23     (A) $5,342,000 of the general fund—state appropriation for fiscal
24 year 2026 and $5,784,000 of the general fund—state appropriation for
25 fiscal year 2027 are for a 50 cent per hour per child rate increase
26 for family, friends, and neighbor providers (FFNs) beginning July 1,
27 2025.
28     (B) $2,785,000 of the general fund—state appropriation for fiscal
29 year 2026 and $3,343,000 of the general fund—state appropriation for
30 fiscal year 2027 are for a health care contribution increase.
31     (C)    $81,367,000     of     the   general    fund—state  appropriation     for
32 fiscal    year    2026    and     $84,919,000       of    the       general     fund—state
33 appropriation     for    fiscal    year   2027     are   for    a   cost   of   care   rate
34 enhancement.
35     (D)    $96,502,000     of     the   general    fund—state  appropriation     for
36 fiscal    year    2026    and     $100,801,000      of    the       general     fund—state
37 appropriation for fiscal year 2027 are provided to increase subsidy
38 base rates to the 85th percentile of market based on the 2024 market
39 rate survey for licensed family homes.
  p. 296  ESSB 5167.SL
1     (E) $900,000 of the education legacy trust account—state
2 appropriation is provided solely for trauma informed care supports.
3     (c) Funding in this subsection must be expended with internal
4 controls that provide child-level detail for all transactions.
5     (d) On July 1st of each fiscal year, the department, in
6 collaboration with the department of social and health services, must
7 report to the governor and the appropriate fiscal and policy
8 committees of the legislature on the status of overpayments in the
9 working connections child care program. The report must include the
10 following information for the previous fiscal year:
11     (i) A summary of the number of overpayments that occurred;
12     (ii) The reason for each overpayment;
13     (iii) The total cost of overpayments;
14     (iv) A comparison to overpayments that occurred in the past two
15 preceding fiscal years; and
16     (v) Any planned modifications to internal processes that will
17 take place in the coming fiscal year to further reduce the occurrence
18 of overpayments.
19     (e) Within available amounts, the department in consultation with
20 the office of financial management shall report enrollments and
21 active caseload for the working connections child care program to the
22 governor and the legislative fiscal committees and the legislative-
23 executive WorkFirst poverty reduction oversight task force on an
24 agreed upon schedule. The report shall also identify the number of
25 cases participating in both temporary assistance for needy families
26 and working connections child care. The department must also report
27 on the number of children served through contracted slots.
28    (5)   $10,754,000   of   the   general   fund—federal   appropriation   is
29 provided solely for the department to comply with new federal
30 requirements of the child care development fund grant, including
31 implementing enrollment-based pay, prospective pay, and to not pursue
32 overpayments in certain cases.
33     (6) $13,166,000 of the workforce education investment account—
34 state appropriation is provided solely for the working connections
35 child care program under RCW 43.216.806(1)(a).
36     (7) $353,402,000 of the general fund—federal appropriation is
37 reimbursed by the department of social and health services to the
38 department  of   children,  youth, and   families for   qualifying
  p. 297  ESSB 5167.SL
1 expenditures of the working connections child care program under RCW
2 43.216.135.
3    (8) $3,313,000 of the general fund—state appropriation for fiscal
4 year 2026, $3,323,000 of the general fund—state appropriation for
5 fiscal year 2027, and $9,303,000 of the education legacy trust
6 account—state appropriation are provided      solely for the early
7 childhood intervention prevention services    (ECLIPSE) program. The
8 department shall contract for ECLIPSE services to provide therapeutic
9 child care and other specialized treatment services to abused,
10 neglected, at-risk, and/or drug-affected children. The department
11 shall pursue opportunities to leverage other funding to continue and
12 expand ECLIPSE services. Priority for services shall be given to
13 children referred from the department.
14     (9) The department shall place a ten percent administrative
15 overhead cap on any contract entered into with the University of
16 Washington. In a bi-annual report to the governor and the
17 legislature, the department shall report the total amount of funds
18 spent on the quality rating and improvements system and the total
19 amount of funds spent on degree incentives, scholarships, and tuition
20 reimbursements.
21    (10)   $1,728,000   of   the   general   fund—state   appropriation   for
22 fiscal   year  2026  and  $1,728,000  of  the   general  fund—state
23 appropriation for fiscal year 2027 are provided solely for reducing
24 barriers for low-income providers to participate in the early
25 achievers program.
26     (11) $4,000,000 of the education legacy trust account—state
27 appropriation is provided solely for early intervention assessment
28 and services.
29    (12) $265,000 of the general fund—state appropriation for fiscal
30 year 2026 and $265,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for a statewide family resource
32 and referral linkage system, with coordinated access point of
33 resource navigators who will connect families with children prenatal
34 through age five with services, programs, and community resources
35 through a facilitated referral and linkage process.
36     (13)(a) The department must provide to the education research and
37 data center, housed at the office of financial management, data on
38 all state-funded early childhood programs. These programs include the
39 early support for infants and toddlers, early childhood education and
  p. 298  ESSB 5167.SL
1 assistance program (ECEAP), and the working connections and seasonal
2 subsidized childcare programs including license-exempt facilities or
3 family, friend, and neighbor care. The data provided by the
4 department to the education research data center must include
5 information on children who participate in these programs, including
6 their name and date of birth, and dates the child received services
7 at a particular facility.
8     (b) ECEAP early learning professionals must enter any new
9 qualifications   into   the  department's   professional development
10 registry each school year. By October of each fiscal year, the
11 department must provide updated ECEAP early learning professional
12 data to the education research data center.
13     (c) The department must request federally funded head start
14 programs to voluntarily provide data to the department and the
15 education research data center that is equivalent to what is being
16 provided for state-funded programs.
17     (d) The education research and data center must provide an
18 updated report on early childhood program participation and K-12
19 outcomes to the house of representatives appropriations committee and
20 the senate ways and means committee using available data every March
21 for the previous school year.
22     (e) The department, in consultation with the department of social
23 and health services, must withhold payment for services to early
24 childhood programs that do not report on the name, date of birth, and
25 the dates a child received services at a particular facility.
26    (14) $100,000 of the general fund—state appropriation for fiscal
27 year 2026 and $100,000 of the general fund—state appropriation for
28 fiscal year 2027 are provided solely for the department to continue
29 implementation of an infant and early childhood mental health
30 consultation initiative to support tribal child care and early
31 learning programs. Funding may be used to provide culturally
32 congruent infant and early childhood mental health supports for
33 tribal child care, the tribal early childhood education and
34 assistance program, and tribal head start providers. The department
35 must consult with federally recognized tribes which may include round
36 tables through the Indian policy early learning committee.
37     (15) Within existing resources, the department, in consultation
38 with the office of tribal relations, must prioritize complex needs
39 funds and equity grants to tribal early learning providers.
  p. 299  ESSB 5167.SL
1    (16)    $8,144,000   of    the   general   fund—state   appropriation   for
2 fiscal   year  2026   and  $9,264,000   of  the   general  fund—state
3 appropriation for fiscal year 2027 are provided solely for
4 implementation of Engrossed Second Substitute Senate Bill No. 5263
5 (special education funding). If the bill is not enacted by June 30,
6 2025, the amounts provided in this subsection shall lapse.
7     (17) Sufficient funding is provided in this section for
8 implementation of Engrossed Substitute Senate Bill No. 5752 (child
9 care & early dev.).
10     (18) $63,000 of the general fund—state appropriation for fiscal
11 year 2026 is provided solely for implementation of Substitute Senate
12 Bill No. 5030 (vital records access). If the bill is not enacted by
13 June 30, 2025, the amount provided in this subsection shall lapse.
14     (19) $1,000,000 of the general fund—state appropriation for
15 fiscal year 2026 is provided solely for the department of children,
16 youth, and families to contract with a countywide nonprofit
17 organization with early childhood expertise in Pierce county for a
18 project to prevent child abuse and neglect using nationally
19 recognized models.
20     (a) The nonprofit organization must continue to implement a
21 countywide resource and referral linkage system for families of
22 children who are prenatal through age five.
23     (b) The nonprofit organization must offer a voluntary brief
24 newborn home visiting program. The program must meet the diverse
25 needs of Pierce county residents and, therefore, it must be flexible,
26 culturally appropriate, and culturally responsive.
27    (20)    $1,000,000   of    the   general   fund—state   appropriation   for
28 fiscal    year   2026   and    $1,000,000     of   the   general    fund—state
29 appropriation for fiscal year 2027 are provided solely for the
30 department to contract with Washington communities for children to
31 maintain a community-based early childhood network.
32    (21) $150,000 of the general fund—state appropriation for fiscal
33 year 2026 and $150,000 of the general fund—state appropriation for
34 fiscal year 2027 are provided solely for the department to contract
35 with a licensed child care center with an existing child care mental
36 health pilot program in order to implement a holistic and trauma-
37 informed approach that ensures early learning environments are
38 psychologically   safe,   culturally  affirming,   and   emotionally
39 supportive. The center must be located in Spokane and have a pilot
  p. 300  ESSB 5167.SL
1  child care mental health program that serves preschool-aged children
2  who face high adverse childhood experiences scores, mental and
3  behavioral health disorders, and are at increased risk of suspension
4  and expulsion due to systemic disparities.
*Sec. 236 was partially vetoed. See message at end of chapter.
5     *NEW SECTION.      Sec. 237.     FOR THE DEPARTMENT OF CHILDREN, YOUTH,
6 AND FAMILIES—PROGRAM SUPPORT
7 General Fund—State Appropriation (FY 2026). . . . . . .  $291,756,000
8 General Fund—State Appropriation (FY 2027). . . . . . .  $293,247,000
9 General Fund—Federal Appropriation. . . . . . . . . . .  $224,909,000
10 General Fund—Private/Local Appropriation. . . . . . . . . .  $713,000
11 Education Legacy Trust Account—State Appropriation. . . .  $1,374,000
12 Home Visiting Services Account—State Appropriation. . . . .  $484,000
13 Home Visiting Services Account—Federal Appropriation. . . . $380,000
14TOTAL APPROPRIATION. . . . . . . . . . . . . . . $812,863,000
15     The appropriations in this section are subject to the following
16 conditions and limitations:
17     (1) $275,000 of the general fund—state appropriation for fiscal
18 year 2026 and $275,000 of the general fund—state appropriation for
19 fiscal year 2027 are provided solely for a Washington state mentoring
20 organization to continue its public-private partnerships providing
21 technical assistance and training to mentoring programs that serve
22 at-risk youth.
23     (2) $25,000 of the general fund—state appropriation for fiscal
24 year 2026, $29,000 of the general fund—state appropriation for fiscal
25 year 2027, and $47,000 of the general fund—federal appropriation are
26 provided solely for the implementation of an agreement reached
27 between the governor and the Washington federation of state employees
28 for the language access providers under the provisions of chapter
29 41.56 RCW for the 2025-2027 fiscal biennium, as provided in section
30 907 of this act.
31     (3) $100,000 of the general fund—state appropriation for fiscal
32 year 2026 and $100,000 of the general fund—state appropriation for
33 fiscal year 2027 are provided solely for a full-time employee to
34 coordinate policies and programs to support pregnant and parenting
35 individuals receiving chemical dependency or substance use disorder
36 treatment.
  p. 301  ESSB 5167.SL
1     (4) $2,640,000 of the general fund—state appropriation for fiscal
2 year 2026, $2,640,000 of the general fund—state appropriation for
3 fiscal    year   2027,   and    $181,000       of   the   general   fund—federal
4 appropriation are provided solely for the phase-in of the settlement
5 agreement under D.S. et al. v. Department of Children, Youth, and
6 Families et al., United States district court for the western
7 district of Washington, cause no. 2:21-cv-00113-BJR. The department
8 must implement the provisions of the settlement agreement pursuant to
9 the timeline and implementation plan provided for under the
10 settlement agreement. This includes implementing provisions related
11 to plaintiff's fees, the emerging adulthood housing program,
12 professional therapeutic foster care, statewide hub home model,
13 revised licensing standards, family group planning, referrals and
14 transition, qualified residential treatment program, exceptional
15 placement costs, and monitoring and implementation.
16     (5) $1,494,000 of the general fund—federal appropriation is
17 provided solely for continued implementation of the family first
18 prevention   services    act  requirements,   including   technology
19 enhancements to support the automated assessments, data quality, and
20 reporting requirements. Funding provided in this subsection is
21 subject to the conditions, limitations, and review provided in
22 section 701 of this act.
23     (6) $1,248,000 of the general fund—state appropriation for fiscal
24 year 2026 and $1,248,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for the continuation of the
26 emergency adolescent housing pilot program. The housing pilot will
27 serve hard-to-place foster youth who are at least 16 years old with
28 housing and intensive case management.
29    (7) $700,000 of the general fund—state appropriation for fiscal
30 year 2026 and $700,000 of the general fund—state appropriation for
31 fiscal year 2027 are provided solely for funding of the teamchild
32 project.
33     (8)   $13,990,000    of    the   general    fund—state    appropriation   for
34 fiscal year 2026, $17,903,000 of the general fund—state appropriation
35 for fiscal year 2027, and $31,893,000 of the general fund—federal
36 appropriation are provided solely to begin design, development, and
37 implementation of the comprehensive child welfare information system.
38 The funding in this section is subject to the conditions,
39 limitations, and review requirements of section 701 of this act.
  p. 302  ESSB 5167.SL
1     (9) The department must report to and coordinate with the
2 department of ecology to track expenditures from climate commitment
3 act accounts, as defined and described in RCW 70A.65.300 and chapter
4 173-446B WAC.
5    (10) $750,000 of the general fund—state appropriation for fiscal
6 year 2026 and $750,000 of the general fund—state appropriation for
7 fiscal year 2027 are provided solely for the department to maintain
8 rates for independent living service providers.
9    (11) $88,000 of the general fund—state appropriation for fiscal
10 year 2026, $82,000 of the general fund—state appropriation for fiscal
11 year 2027, and $29,000 of the general fund—federal appropriation are
12 provided solely for implementation of Substitute Senate Bill No. 5163
13 (child fatalities). If the bill is not enacted by June 30, 2025, the
14 amounts provided in this subsection shall lapse.
15    (12) $9,000 of the general fund—state appropriation for fiscal
16 year 2026, $11,000 of the general fund—state appropriation for fiscal
17 year 2027, and $2,000 of the general fund—federal appropriation are
18 provided solely for implementation of Substitute Senate Bill No. 5149
19 (early childhood court prg.). If the bill is not enacted by June 30,
20 2025, the amounts provided in this subsection shall lapse.
21    (13) $250,000 of the general fund—state appropriation for fiscal
22 year 2026 and $250,000 of the general fund—state appropriation for
23 fiscal year 2027 are provided solely for implementation of Substitute
24 House Bill No. 1177 (child welfare housing assist.). If the bill is
25 not enacted by June 30, 2025, the amounts provided in this subsection
26 shall lapse.
27    (14) $25,000 of the general fund—state appropriation for fiscal
28 year 2026, $50,000 of the general fund—state appropriation for fiscal
29 year 2027, and $38,000 of the general fund—federal appropriation are
30 provided for the department to:
31     (a) Provide information and support to parents and caregivers on
32 how to become the representative payee for a child or youth receiving
33 social security benefits and maintain eligibility for those benefits
34 when the department is the representative payee and the child is
35 exiting the department's care;
36     (b) Provide information and support to youth turning 18 on how to
37 become the payee for social security benefits and maintain
38 eligibility   for  those   benefits  when   the  department   is  the
  p. 303  ESSB 5167.SL
1 representative payee, unless the youth requires a representative
2 payee to manage the funds;
3     (c) Adopt rules to notify caregivers and parties to the
4 dependency proceeding when the department applies for social security
5 or other benefits on behalf of a child and establish procedures for
6 children and caregivers to request and for the department to approve
7 the disbursement of social security and other public benefits to meet
8 the unmet personal needs of a child when the department is the
9 representative payee for such benefits. The department shall adopt
10 rules by January 1, 2026; and
11     (d) Submit a report to the legislature by November 1, 2025, that
12 includes:
13     (i) An updated implementation plan to discontinue the practice of
14 using any benefits paid to or on behalf of a child or youth to
15 reimburse itself for the cost of care and conserve benefits for the
16 future needs of the child by the earliest date feasible;
17     (ii) A description of costs and recommendations for statutory
18 changes necessary to conserve benefits in a manner in which the funds
19 will not count against eligibility for federal or state means-tested
20 programs;
21     (iii) Data on the number of children or youth receiving social
22 security and other public benefits, by age;
23     (iv) The average amount of federal benefits collected per child
24 or youth in fiscal year 2025; and
25     (v) Recommendations for additional supports for families and
26 youth to maintain benefits after reunification or exit from care.
27     (15) $29,000 of the general fund—state appropriation for fiscal
28 year 2026, $29,000 of the general fund—state appropriation for fiscal
29 year 2027, and $8,000 of the general fund—federal appropriation are
30 provided solely for implementation of Senate Bill No. 5032 (juvenile
31 rehab. ombuds). If the bill is not enacted by June 30, 2025, the
32 amounts provided in this subsection shall lapse.
*Sec. 237 was partially vetoed. See message at end of chapter.
  (End of part)
  p. 304  ESSB 5167.SL
1PART III
2NATURAL RESOURCES
3     NEW SECTION.    Sec. 301.    FOR THE COLUMBIA RIVER GORGE COMMISSION
4  General Fund—State Appropriation (FY 2026). . . . . . . . .       $693,000
5  General Fund—State Appropriation (FY 2027). . . . . . . . .       $730,000
6  General Fund—Federal Appropriation. . . . . . . . . . . . . . $32,000
7  General Fund—Private/Local Appropriation. . . . . . . . .        $1,699,000
8  Climate Commitment Account—State Appropriation. . . . . . . $138,000
9TOTAL APPROPRIATION. . . . . . . . . . . . . . . . $3,292,000
10    *NEW SECTION.    Sec. 302.    FOR THE DEPARTMENT OF ECOLOGY
11 General Fund—State Appropriation (FY 2026). . . . . . . . $32,456,000
12 General Fund—State Appropriation (FY 2027). . . . . . . . $35,602,000
13 General Fund—Federal Appropriation. . . . . . . . . . .     $245,110,000
14 General Fund—Private/Local Appropriation. . . . . . . . . $39,590,000
15 Climate Commitment Account—State Appropriation. . . . . . $15,805,000
16 Emergency Drought Response Account—State
17     Appropriation. . . . . . . . . . . . . . . . . . . . .       $6,000,000
18 Natural Climate Solutions Account—State
19     Appropriation. . . . . . . . . . . . . . . . . . . .     $12,851,000
20 Reclamation Account—State Appropriation. . . . . . . . . . $4,907,000
21 Flood Control Assistance Account—State Appropriation. . .        $4,826,000
22 Aquatic Lands Enhancement Account—State
23     Appropriation. . . . . . . . . . . . . . . . . . . . . .       $692,000
24 Refrigerant Emission Management Account—State
25     Appropriation. . . . . . . . . . . . . . . . . . . . .       $4,385,000
26 State Emergency Water Projects Revolving Account—
27     State Appropriation. . . . . . . . . . . . . . . . . . .        $40,000
28 Waste Reduction, Recycling, and Litter Control
29    Account—State Appropriation. . . . . . . . . . . . .      $44,132,000
30 State Drought Preparedness Account—State
31     Appropriation. . . . . . . . . . . . . . . . . . . . . .       $219,000
32 State and Local Improvements Revolving Account—Water
33     Supply Facilities—State Appropriation. . . . . . . . . . $186,000
34 Water Rights Tracking System Account—State
35     Appropriation. . . . . . . . . . . . . . . . . . . . . .        $48,000
36 Site Closure Account—State Appropriation. . . . . . . . . .        $582,000
  p. 305  ESSB 5167.SL
1 Wood Stove Education and Enforcement Account—State
2     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $618,000
3 Worker and Community Right to Know Fund—State
4     Appropriation. . . . . . . . . . . . . . . . . . . . .    $2,258,000
5 Water Rights Processing Account—State Appropriation. . . . .     $39,000
6 Water Quality Permit Account—State Appropriation. . . . . $74,491,000
7 Underground Storage Tank Account—State Appropriation. . .     $5,115,000
8 Biosolids Permit Account—State Appropriation. . . . . . .     $3,118,000
9 Hazardous Waste Assistance Account—State
10     Appropriation. . . . . . . . . . . . . . . . . . . .     $11,589,000
11 Radioactive Mixed Waste Account—State Appropriation. . .     $27,611,000
12 Air Pollution Control Account—State Appropriation. . . . . $5,929,000
13 Oil Spill Prevention Account—State Appropriation. . . . . $10,382,000
14 Air Operating Permit Account—State Appropriation. . . . .     $5,995,000
15 Wastewater Treatment Plant Operator Certification
16    Account—State Appropriation. . . . . . . . . . . . . . . $831,000
17 Oil Spill Response Account—State Appropriation. . . . . .     $7,076,000
18 Model Toxics Control Operating Account—State
19     Appropriation. . . . . . . . . . . . . . . . . . . .    $361,962,000
20 Model Toxics Control Operating Account—Local
21     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $499,000
22 Model Toxics Control Stormwater Account—State
23     Appropriation. . . . . . . . . . . . . . . . . . . .     $17,323,000
24 Voluntary Cleanup Account—State Appropriation. . . . . . . . $373,000
25 Paint Product Stewardship Account—State
26     Appropriation. . . . . . . . . . . . . . . . . . . . . .    $152,000
27 Water Pollution Control Revolving Administration
28     Account—State Appropriation. . . . . . . . . . . . . . $9,517,000
29 Clean Fuels Program Account—State Appropriation. . . . . . $6,850,000
30 Climate Investment Account—State Appropriation. . . . . . $71,424,000
31TOTAL APPROPRIATION. . . . . . . . . . . . . . $1,070,583,000
32     The appropriations in this section are subject to the following
33 conditions and limitations:
34    (1) $455,000 of the general fund—state appropriation for fiscal
35 year 2026 and $455,000 of the general fund—state appropriation for
36 fiscal year 2027 are provided solely for the department to grant to
37 the northwest straits commission to provide funding, technical
  p. 306  ESSB 5167.SL
1 assistance, and/or coordination support equally to the seven Puget
2 Sound marine resources committees.
3     (2)   $600,000  of   the  oil  spill  prevention   account—state
4 appropriation is provided solely for a contract with the University
5 of Washington's sea grant program to continue an educational program
6 targeted to small spills from commercial fishing vessels, ferries,
7 cruise ships, ports, and marinas.
8     (3) $102,000 of the general fund—state appropriation for fiscal
9 year 2026 and $102,000 of the general fund—state appropriation for
10 fiscal year 2027 are provided solely for implementation of Executive
11 Order No. 12-07, Washington's response to ocean acidification.
12     (4) $24,000,000 of the model toxics control operating account—
13 state appropriation is provided solely for the department to provide
14 grants to local governments for the purpose of supporting local solid
15 waste and financial assistance programs.
16     (5) $150,000 of the aquatic lands enhancement account—state
17 appropriation is provided solely for implementation of the state
18 marine management plan and ongoing costs of the Washington coastal
19 marine   advisory  council   to   serve  as   a forum and  provide
20 recommendations on coastal management issues.
21     (6) $2,000,000 of the model toxics control operating account—
22 state appropriation is provided solely for the department to convene
23 a stakeholder group, including representatives from overburdened
24 communities, to assist with developing a water quality implementation
25 plan for polychlorinated biphenyls and to address other emerging
26 contaminants in the Spokane river. The department must also consult
27 with the Spokane tribe of Indians and other interested tribes when
28 developing and implementing actions to address water quality in the
29 Spokane river.
30     (7) $4,002,000 of the natural climate solutions account—state
31 appropriation is provided solely to address flood prevention in the
32 Nooksack basin and Sumas prairie. Of this amount:
33     (a) $2,000,000 is provided solely to expand and sustain Whatcom
34 county's floodplain integrated planning (FLIP) team planning process,
35 including   supporting    communication,   community   participation,
36 coordination, technical studies and analysis, and development of
37 local solutions.
38     (b) $900,000 is provided solely for the department to support
39 transboundary coordination, including facilitation and technical
  p. 307  ESSB 5167.SL
1  support   to   develop   and  evaluate   alternatives   for   managing
2  transboundary flooding in Whatcom county and British Columbia.
3      (c) $1,102,000 is provided solely to support dedicated local and
4  department capacity for floodplain planning and technical support. Of
5  the amount in this subsection (7)(c), $738,000 is solely for a grant
6  to Whatcom county. The remaining amount is for the department to
7  provide ongoing staff technical assistance and support to flood
8  prevention efforts in this area.
9     (8)   $24,536,000   of   the climate   investment  account—state
10 appropriation is provided solely for capacity grants to federally
11 recognized tribes for: (a) Consultation on spending decisions on
12 grants in accordance with RCW 70A.65.305; (b) consultation on clean
13 energy siting projects; (c) activities supporting climate resilience
14 and adaptation; (d) developing tribal clean energy projects; (e)
15 applying for state or federal grant funding; (f) participation on a
16 science advisory panel and other associated work on offshore wind;
17 and (g) other related work. In order to meet the requirements of RCW
18 70A.65.230(1)(b), tribal applicants are encouraged to include a
19 tribal   resolution   supporting their   request  with  their  grant
20 application. Of this amount, $3,000,000 is reserved solely to ensure
21 completion of grants awarded or amended between January 1, 2025, and
22 June 30, 2025.
23     (9) $1,375,000 of the general fund—state appropriation for fiscal
24 year 2026 and $1,375,000 of the general fund—state appropriation for
25 fiscal year 2027 are provided solely for preparation and filing of
26 adjudications of state water rights in water resource inventory area
27 1 (Nooksack).
28     (10)   $2,468,000   of   the    climate   investment   account—state
29 appropriation is provided solely for addressing air quality in
30 overburdened communities highly impacted by air pollution under RCW
31 70A.65.020.
32     (11) $2,256,000 of the model toxics control operating account—
33 state appropriation is provided solely for the department to provide
34 technical assistance to landowners and local governments to promote
35 voluntary compliance, implement best management practices, and
36 support implementation of water quality clean-up plans in shellfish
37 growing areas, agricultural areas, forestlands, and other types of
38 land uses, including technical assistance focused on protection and
  p. 308  ESSB 5167.SL
1 restoration of critical   riparian   management   areas   important   for
2 salmon recovery.
3     (12) $1,914,000 of the natural climate solutions account—state
4 appropriation is provided solely for activities related to coastal
5 hazards, including expanding the coastal monitoring and analysis
6 program, operating a coastal hazard organizational resilience team,
7 and operating a coastal hazards grant program to help local
8 communities design projects and apply for funding opportunities. At
9 least 25 percent of the funding in this subsection must be used for
10 the benefit of tribes.
11     (13) $276,000 of the model toxics control operating account—state
12 appropriation is provided solely for a grant to San Juan county for
13 the enhancement of ongoing oil spill response preparedness staff
14 hiring, spill response equipment acquisition, and spill response
15 training and operational expenses.
16     (14) $750,000 of the model toxics control operating account—state
17 appropriation is provided so