HomeMy WebLinkAbout2023.06.05 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, June 5, 2023
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (415) 655-0060 and use access code
307-404-066.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Councilmembers,
the item may be removed from the Consent Agenda to the Regular Agenda
and considered separately.
6 - 11 (a) Approval of Meeting Minutes for May 15th
To approve the minutes of the Pasco City Council Regular Meeting
held on May 15, 2023.
12 - 14 (b) Bills and Communications - Approving Claims in the Total
Amount of $6,560,632.88 and Bad Debt Write-off Totaling
$23,152.48
Page 1 of 249
To approve claims in the total amount of $6,560,632.88 ($5,094.102.16
in Check Nos.255963 - 256300; $300,297.95 in Electronic Transfer
Nos.840564-840578, 840624-840661, 840673-840955, 840958-
841082, 841093, 841095-841115; $19,217.92 in Check Nos. 54355-
54372 $1,147,014.85 in Electronic Transfer Nos. 301907330 -
030191367).
To approve bad debt write-off for accounts receivable for Ambulance
in the total amount of $23,152.48.
15 - 19 (c) *Resolution No. 4336 - Bid Award Argent Road Widening Phase 3
To approve Resolution No. 4336, Awarding Bid No. 20010 for the
Argent Road Widening Phase 3 Project to Apollo, Inc., of Kennewick,
Washington, and further, authorize the City Manager to execute the
contract documents and allowing all necessary budget adjustments.
20 - 24 (d) Resolution No. 4349 - Authorization for Application to Public
Works Board for Pre-Construction and Construction Funding for
Butterfield WTP Improvements
To approve Resolution No. 4349, authorizing the submittal of a Public
Works Board loan application for the Butterfield Water Treatment Plant
Improvements Project.
25 - 34 (e) Resolution No. 4350 - Community Economic Revitalization Board
Loan Agreement Acceptance for the Process Water Reuse Facility
Pretreatment Improvements
To approve Resolution No. 4350, authorizing the City Manager to
accept and execute a capital agreement with the Washington State
Community Economic Revitalization Board (CERB) for aid in financing
the costs of the Process Water Reuse Facility Pretreatment
Improvements project.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. PUBLIC COMMENTS - The public may address Council on any items unless
it relates to a scheduled Public Hearing. This item is pr ovided to allow the
opportunity to bring items to the attention of the City Council or to express an
opinion on an issue. Its purpose is not to provide a venue for debate or for the
posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are
best directed to staff members who have access to specific information.
Citizen comments will normally be limited to three minutes each by the Mayor.
Those with lengthy messages are invited to summarize their comments and/or
Page 2 of 249
submit written information for consideration by the Council outside of formal
meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
35 - 47 (b) General Fund Monthly Report - April 2023
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
48 - 63 (a) Public Hearing - Right-of-Way Vacation for Snake River
Agriculture LLC (VAC 2022-006)
CONDUCT A PUBLIC HEARING
MOTION: I move to deny a request to vacate a portion of South Oregon
Avenue located at the southeast corner of East "A" Street and South
Oregon Avenue.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
64 - 88 (a) Ordinance No. 4670 - Amending PMC Title 25 Related to Retail
Sales of Cannabis
MOTION: I move to adopt Ordinance No. 4670, amending Section
9.90.040 Of The PASCO MUNICIPAL CODE (PMC), amending
Section 9.95.030 PMC, and amending Section 25.10.020 PMC,
creating a new Section 25.10.025 PMC, and amending Sections
25.15.050C, 25.85.020, 25.90.020, 25.100.020, 25.115.020,
25.120.020 and 25.125.020 PMC, relating to cannabis retail facilities,
and further, authorize publication by summary only.
89 - 114 (b) *Q Ordinance No. 4671 - Lewis Place, LLC for Jefferson Landing
Rezone R-1-A to R-4 (Z 2022-013)
MOTION: I move to adopt Ordinance No. 4671, amending the zoning
classification of certain real property located along Heritage Boulevard
between East Lewis Street and East “A” Street, Pasco, Franklin
County, Washington, from R-1-A to R-4, and further, authorize
publication by summary only.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
115 - 150 (a) Presentation of the Proposed 2024-2029 Six-Year Transportation
Improvement Plan
Page 3 of 249
151 - 200 (b) Discussion of Second Engrossed Second Substitute Senate Bill
5536
201 - 247 (c) 2023 Washington State Legislative Session Update
Presented by Briahna Murray, Vice President Gordon Thomas
Honeywell Governmental Affairs
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
248 - 249 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, June 5, 1:30 PM: Emergency Medical Services
Board Meeting – Fire Training Center, 1811 S. Ely,
Kennewick (COUNCILMEMBER PETE SERRANO, Rep.;
COUNCILMEMBER IRVING BROWN, Alt.)
• Thursday, June 8, 7:00 PM: Ben Franklin Transit Board
Meeting – Benton County Administration Building
(COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO
TEM CRAIG MALONEY, Alt.)
• Monday, June 12, 11:45 AM: Pasco Chamber of Commerce
Membership Lunch Meeting – Pasco Red Lion Hotel
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
Page 4 of 249
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 5 of 249
AGENDA REPORT
FOR: City Council May 31, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for May 15th
I. REFERENCE(S):
05.15.2023 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on May
15, 2023.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 249
MINUTES
City Council Regular Meeting
7:00 PM - Monday, May 15, 2023
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Craig Maloney, Irving Brown, Joseph Campos, David
Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: Blanche Barajas
Staff present: Angela Pashon, Assistant City Manager; Darcy Buckley, Finance
Director; Eric Ferguson, City Attorney; Ed Dunbar, Deputy Fire Chief; Jesse Rice,
Information Technology Director & Interim Administrative & Community Services
Director; Ken Roske, Police Chief; Steve Worley, Public Works Director; and Debby
Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for May 1st and 8th
To approve the minutes of the Pasco City Council Special Traffic Safety Listening
Session & Regular Meeting held on May 1, 2023 and Regular Workshop held on
May 8, 2023.
Bills and Communications Approving Claims in the Total Amount of
$14,810,121.63
To approve claims in the total amount of $14,810,121.63 ($10,699,796.09 in Check
Nos. 255377-255962; $1,754,701.80 in Electronic Transfer Nos. 840091 - 840145,
840162 - 840272, 840279 - 840445, 840454 - 840557, 840561, 840563, 840579 -
840622, 840662 - 840672; $35,846.63 in Check Nos. 54337 - 54354;
$2,319,777.11 in Electronic Transfer Nos. 30189470 - 30190732).
Page 1 of 5Page 7 of 249
Resolution No.4348 - Interlocal Agreement for Special Investigations Unit
(SIU) to Investigate Officer Involved Incidents
To approve Resolution No.4348, authorizing the City Manager to execute an
Interlocal Agreement between the participating jurisdictions (Benton, Franklin, and
Walla Walla Counties, political subdivisions of the State of Washington, the
municipalities of Kennewick, Richland, West Richland, Prosser, Connell, Walla
Walla, College Place, the Washington State Patrol, and Washington State
Department of Fish and Wildlife) for involvement in the regional Special
Investigations Unit for officer involved incidents.
MOTION: Councilmember Milne moved, seconded by Councilmember Serrano
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Mayor Barajas
PROCLAMATIONS AND ACKNOWLEDGEMENTS
National Police Week & Peace Officers' Memorial Day Proclamation
Mayor Pro-Tem Maloney read the proclamation for "National Police Week - May
14th through May 20th and National Peace Officers' Memorial Day - May 15th" and
presented it to Pasco Deputy Police Chief Cook.
Public Works Week Proclamation
Mayor Pro-Tem Maloney read the "Public Works Week - May 21st to 27th"
proclamation and presented it to Daniel Walker, Public Works Water Plant
Operator.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Campos reported on a Ben Franklin Transit Board meeting he recently
attended.
Mayor Pro Tem Maloney reported on the final presentation from the NYU Capstone
Team for the Anti-Displacement and Affordable Housing Policies. He also
mentioned attending the Middleton Farm's Asparagus Festival over the weekend.
Page 2 of 5Page 8 of 249
PUBLIC COMMENTS
Terri Thomas, Pasco resident, expressed concern about motor homes parked along
the street on 24th Avenue near Henry Street. She also stated that there are individuals
using illegal drugs in that same area.
Anita Rodriguez, Pasco resident, expressed the same safety concerns as Ms. Thomas
and described individuals openly using illegal drugs in her neighborhood.
Gloria Acosta, Pasco resident, expressed the same safety concerns as Ms. Thomas
and described vagrants using her complex's laundry room, public urination/deification
and the use of illegal drugs along the sidewalks.
Jean Ryckman, Port of Pasco Commissioner and Pasco resident, commented on
Vinny's Bakery and asked the Council to consider providing Vi nny a grant or loan of
some sort to help him open his bakery up again. She also mentioned that there is a Go -
Fund-Me account set up for Vinny's Bakery.
Edison Valerio, Pasco resident, also encouraged Council and the public to financially
help with the reopening of Vinny's Bakery.
Steve Bauman, Franklin County resident, commented on two homelessness camps
being established on private property.
Council commented on recent United State Court of Appeals for the Ninth Circuit
decision(s) related to the use of illegal drugs, as well as homelessness and trespassing
issues. There continues to be a need to find a long-term solution to these issues.
MISCELLANEOUS DISCUSSION
Ms. Buckley announced that Darigold was the new sponsor for the City of Pasco's
Youth Programs.
Mr. Brown expressed appreciation to Ms. Roach for attending tonight's Council Meeting
in-person.
Mayor Pro Tem Maloney expressed concern for the City's small businesses and asked
for staff to determine if the City has any funding, such as the American Rescue Plan
Act (ARPA) funding, to assist small businesses such as Vinny's Bakery. He also
mentioned that there is a go-fund-me set up for Vinny's Bakery and encouraged the
public to help that business in their time of need.
Washington State Legislator Special Session - Pending SB 5536 - Drug
Possession Law (Blake Fix)
Page 3 of 5Page 9 of 249
Mr. Ferguson reported that the Substitute 2nd Senate Bill (SB) 5536 was released
at 3:00 PM (today) to address a fix to the Blake Decision. He provided the highlights
of the Senate Bill and asked for direction from Council on how to move forward and
respond to the local stated legislators as they need to hear from the City before the
vote is taken on May 16th at 10:00 AM in Olympia, WA.
Council and Mr. Ferguson discussed the proposed bill. Council expressed
frustration that there is no time to study the bill.
Councilmember Serrano expressed opposition to the the proposed bill, and
recommended that by opposing this fix, it would send a message to the legislators.
He recommended that Pasco pass its own ordinance and forward it on to the
Washington State Legislature.
Council and staff discussion continued regarding the pros and cons on supporting
the senate bill before the Washington State Legislators and how to address the
outstanding issues facing law enforcement of possession of illegal drugs and
paraphernalia within Pasco and surrounding area.
Mr. Ferguson and Deputy Police Chief Cook reiterated that the Tri -Cities area law
enforcement agencies and prosecuting attorneys met recently to develop a regional
solution to address the items not vetted in the SB 5536 bill.
MOTION: Councilmember Roach moved, seconded by Councilmember Brown
to support Engrossed 2nd Substitute Senate Bill 5536 with concerns.
RESULT: Motion carried 5-1
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne, and
Councilmember Roach
NAYS: Councilmember Serrano
ABSENT: Mayor Barajas
Washington State Legislator Special Session - Pending SB 5536 - Drug
Possession Law (Blake Fix) Continued
Council's "concerns" associated with the gross substitute SB 5536 Bill included the
need to address the paraphernalia aspect of this law, pre-emption of local control,
and the lack of funding allocated to this bill for prosecution and treatment programs.
Mr. Campos suggested that the Benton Franklin Council of Governments (BFCOG)
may have the capacity to help spearhead the regional approach to the Blake Fix.
Mayor Pro Tem Maloney suggested that BFCOG would be best suited to oversee
the regional transportation issue.
Page 4 of 5Page 10 of 249
Council reiterated that they would like to have an update on a proposed ordinance
to address their concerns regarding the additional law(s) needed to address the
Blake Fix at their next meeting scheduled for June 5, 2023.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:27 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 5 of 5Page 11 of 249
AGENDA REPORT
FOR: City Council June 1, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$6,560,632.88 and Bad Debt Write-off Totaling $23,152.48
I. REFERENCE(S):
Accounts Payable 06.01.23
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $6,560,632.88 ($5,094.102.16 in Check
Nos.255963 - 256300; $300,297.95 in Electronic Transfer Nos.840564 -840578,
840624-840661, 840673-840955, 840958-841082, 841093, 841095-841115;
$19,217.92 in Check Nos. 54355-54372 $1,147,014.85 in Electronic Transfer
Nos. 301907330-030191367).
To approve bad debt write-off for accounts receivable for Ambulance in the total
amount of $23,152.48.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 12 of 249
REPORTING PERIOD:
June 5, 2023
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 255963 - 256300 54355 - 54372
Total Check Amount $5,094,102.16 $19,217.92 Total Checks 5,113,320.08$
Electronic Transfer Numbers 840564 - 840578 301907330-030191367
840624 - 840661
840673 - 840955
840958 - 841082
841093
841095 - 841115
Total EFT Amount $300,297.95 $1,147,014.85 $0.00 $0.00 Total EFTs 1,447,312.80$
Grand Total 6,560,632.88$
Councilmember
805,612.59
145,812.32
26,112.11
223.57
2,934.19
21,325.15
1,201.28
3,131.49
36,118.34
991.43
1,369.72
1,265.24
38,157.37
326.32
317.15
13,541.67
31,830.46
79.17
2,045,276.14
1,861,215.41
96,094.71
14,482.40
158,387.86
338.33
1,254,488.46
GRAND TOTAL ALL FUNDS:6,560,632.88$
FLEX
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
MEDICAL/DENTAL/VISION INSURANCE
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Adam Lincoln, City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
5th day of May, 2023 that the merchandise or services hereinafter specified have been received and are approved for payment:
May 12 - June 1, 2023
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 13 of 249
BAD DEBT WRITE-OFF/COLLECTION
April 1 – April 30, 2023
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under
$20 with no current forwarding address or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
4. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
5. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ .00 .00 .00
Ambulance $ .00 23,152.48 23,152.48
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ .00 23,152.48 23,152.48
Page 14 of 249
AGENDA REPORT
FOR: City Council May 30, 2023
TO: Adam R. Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: *Resolution No. 4336 - Bid Award Argent Road Widening Phase 3
I. REFERENCE(S):
Resolution for Argent Phase 3 bid award
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4336, Awarding Bid No. 20010 for
the Argent Road Widening Phase 3 Project to Apollo, Inc., of Kennewick,
Washington, and further, authorize the City Manager to execute the contract
documents and allowing all necessary budget adjustments.
III. FISCAL IMPACT:
Phase 3:
Engineer's
Estimate: $ 3,970,412.00
Contract Total: $ 3,470,647.57
Funding for this project is a combination of the City of Pasco Arterial Fund,
Federal Surface Transportation Block Grant (STBG), Federal Surface
Transportation Program (STP) grant, and a State Highway Improvement
Program (HIP) grant.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City), the Port of Pasco (Port), and Columbia Basin College
(CBC) have worked together over the past five years to provide necessary
improvements to the Argent Road corridor from 20th Avenue to Road 36.
Page 15 of 249
The Argent Road Improvement project was divided into three phases to expedite
construction of priority segments. The first phase constructed improvements
from 20th Avenue to Saraceno Way/Varney Lane. The second phase
constructed improvements at the Road 36 intersection. The final Phase 3 will
construct improvements from Saraceno Way/Varney Lane to Road 36, filling the
gap between Phases 1 & 2.
The Phase 3 improvements will widen the roadway to four lanes, construct new
curb/gutter and sidewalk, pedestrian improvements, signage and striping, and
utility work including stormwater facilities, irrigation, and illumination to this
critical transportation corridor.
V. DISCUSSION:
The Argent Road Widening Phase 3 project advertised for bids on March 10,
2023, and March 17, 2023 respectively. On April 6, 2023, a public bid opening
was held for the Argent Road Widening Phase 3 project at 2:00 PM.
A total of three (3) bids were received. The lowest responsible, responsive bidder
is Apollo, Inc. of Kennewick, WA in the amount of $3,470,647.57. The Engineer's
Estimate is $3,970,412.00
Bid Tabulation
Apollo, Inc. $3,470,647.57
Big D’s Construction of Tri-
Cities, Inc. $3,667,416.90
Granite Construction $3,954,925.56
The Engineer of Record, HDR, and City staff reviewed the bid submittal,
including supplemental responsibility criteria, to ensure no exemptions or
irregularities are found.
WSDOT and Local Programs have reviewed and accepted the bid for Apollo,
Inc.
Staff recommends award of the contract for Argent Road Widening Phase 3 to
Apollo Inc. of Kennewick, WA.
Page 16 of 249
Resolution – Bid Award for the Argent Road Widening Phase 3 Project- 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AWARDING BID NO. 20010 FOR THE ARGENT ROAD WIDENING PHASE
3 PROJECT TO APOLLO, INC. OF KENNEWICK, WASHINGTON; AND
FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONTRACT DOCUMENTS.
WHEREAS, the City of Pasco (City) identified the Argent Road Widening Phase 3 Project
in the approved Capital Improvement Plan; and
WHEREAS, this project involves street widening with a new roadway surface, signage
and striping, curb/gutter, sidewalk, and curb ramps. Utility work including stormwater facilities,
irrigation, illumination, and related improvements; and
WHEREAS, the City solicited sealed public bids for this project, identified as the Argent
Road Widening Phase 3 Project; and
WHEREAS, on April 6, 2023, at 2:00 p.m., three (3) bids were received and opened by
the City; and
WHEREAS, the lowest responsive bidder was Apollo, Inc. with a bid of $3,470,647.57,
the Engineer’s Estimate was $3,970,412.00; and
WHEREAS, the bid documentation was reviewed, and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the Argent Road Widening Phase 3 Project to Apollo, Inc.
of Kennewick, Washington in the amount of $3,470,647.57, including Washington State Sales
Tax; and further authorizes the City Manager to execute the contract documents.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 17 of 249
Resolution – Bid Award for the Argent Road Widening Phase 3 Project- 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ____,
2023.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 18 of 249
Vicinity Map Page 19 of 249
AGENDA REPORT
FOR: City Council May 25, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4349 - Authorization for Application to Public Works Board
for Pre-WTP Butterfield for and Construction Construction Funding
Improvements
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4349, authorizing the submittal of a
Public Works Board loan application for the Butterfield Water Treatment Plant
Improvements Project.
III. FISCAL IMPACT:
The Washington State Public Works Board Traditional Programs has a $10
million award cap per jurisdiction per biennium. A Fiscal Year 2024 20-year
loan carries a 1.72% interest rate; there are no loan fees or local match funding
requirements
IV. HISTORY AND FACTS BRIEF:
The City’s potable water is provided by two different water treatment plants. The
Butterfield Water Treatment Plant (WTP) was originally constructed in 1946 and
produces approximately three-quarters of the City’s drinkable water. The
Butterfield WTP provides treated water that is critical for residents, businesses,
industrial users, and fire suppression systems. Drinking water plants have a
typical service life of 50-80 years. Although the Butterfield WTP has undergone
several expansions and upgrades since its original construction, most of the core
components of the plant were constructed between 65 and 75 years ago.
To assist in long-term planning for the plant, the City selected Carollo Engineers,
Inc. (Carollo) to develop the Butterfield WTP Facility Plan (Plan). The
development of the Plan involved a multi-year process that established
Page 20 of 249
performance goals for the plant, reviewed past water quality issues, evaluated
plant performance and condition, evaluated alternatives for plant proce sses, and
developed a Capital Improvements Plan (CIP) that included repair and
replacement projects for the Butterfield WTP.
Late providers water local other and planning the process, the in City
experienced unprecedented raw water quality issues in the source water from
the Columbia River that resulted in record aquatic plant growth, algae blooms,
and the presence of trace levels of cyanotoxins. In response, Carollo was tasked
to provide additional analyses to determine if an alternative sequence of pha sed
improvements at the Butterfield WTP is needed to prioritize meeting the new
water quality and operational challenges caused by recent raw water quality
issues.
Staff continues to identify opportunities to partially fund the WTP improvement
projects by means of low-interest loans. Council previously approved staff
pursuing a Department of Health low-interest Pre-Construction loan of $500,000.
There lowfor opportunity another currently is -loans the through interest
Washington State Public Works Board (PWB) Traditional Programs.
The PWB Traditional Programs makes funds available to counties, cities, and
special purpose districts to repair, replace, or create infrastructure. This program
includes both federal and state money subject to state laws and additional
federal regulations. Applications for Pre-Construction loans are accepted year
round while the application deadline for Construction loans is July 7, 2023.
Pre-Construction loans are for pre-construction activities only while a
construction loan may include a combination of pre-construction and
Preelements. construction -may loans Construction be Construction and
obtained for the same project, but a separate application must be submitted for
each loan type.
Applications for PWB Traditional Programs funds require authorization of the
legislative body.
Should the City be selected as a recipient for a PWB Traditional Programs loan,
the loan agreement will be subject to Council review and approval.
V. DISCUSSION:
Staff recommends Council approval for the submittal of Pre-Construction and/or
Construction for Programs Traditional PWB loan to applications the the
Butterfield Water Treatment Plant Improvements Project.
Page 21 of 249
Council action, in the form of a resolution, is sufficient to meet funding application
requirements.
Page 22 of 249
Resolution: PWB App - Butterfield WTP Improvements Project - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE SUBMITTAL OF A PUBLIC WORKS BOARD LOAN
APPLICATION FOR THE BUTTERFIELD WATER TREATMENT PLANT
IMPROVEMENTS PROJECT.
WHEREAS, the Butterfield Water Treatment Plant (WTP), originally built in 1946,
having been expanded and improved through the years, has reached the end of its useful life; and
WHEREAS, the City of Pasco (City) completed the Butterfield WTP Facilities Plan,
which defines a capital improvement strategy to address capacity, water quality, safety, and end-
of-life infrastructure deficiencies; and
WHEREAS, the Butterfield WTP Improvements Project is a multi-phased complete
replacement of the existing plant infrastructure; and
WHEREAS, to help fund these improvements, the City is requesting authorization to
submit an application for a low-interest construction loan with the Public Works Board (PWB);
and
WHEREAS, the PWB Construction Loan Program makes funds available to counties,
cities, and special purpose districts to repair, replace, or create infrastructure. This program is
funded through federal and state money and subject to state and federal regulations; and
WHEREAS, the PWB loan application process requires documentation of City Council
approval of the submittal of a PWB loan application; and
WHEREAS, as currently advertised, PWB Construction loans have a 1.72% interest rate;
and
WHEREAS, if the City is selected as a recipient for the PWB construction loan, the loan
agreement will be subject to City Council review and approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the City Council authorizes the submittal of a Public Works Board Loan application
for the Butterfield Water Treatment Plant Improvements Project and further authorizes the City
Manager to execute the application documents; and
Page 23 of 249
Resolution: PWB App - Butterfield WTP Improvements Project - 2
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of
June, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 24 of 249
AGENDA REPORT
FOR: City Council November 21, 2022
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 6/5/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4350 - Community Economic Revitalization Board Loan
Agreement Facility Reuse Water Process the for Acceptance
Pretreatment Improvements
I. REFERENCE(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4350, authorizing the City Manager
to State Washington the with agreement and a execute accept capital
Community Economic Revitalization Board (CERB) for aid in financing the costs
of the Process Water Reuse Facility Pretreatment Improvements project.
III. FISCAL IMPACT:
Staff seeks approval to accept a low-interest loan agreement with the
Economic Community Commerce, State Department Washington of
Revitalization Board (CERB) for $4,250,000 at 2% interest per annum, 20 -year
loan and an additional $750,000 in grant award to help finance the PWRF
Pretreatment Improvement Phase 3 project.
IV. HISTORY AND FACTS BRIEF:
The City owns and operates the Process Water Reuse Facility (PWRF), an
industrial wastewater treatment system to treat industrial wastewater from
agricultural food processors. The PWRF requires expansion in storage and
treatment capacity, and the application of new technology, to allow existing
Processors to expand their operations and provide capacity for the new Darigold
milk processing facility.
Proposed improvements are divided into three phases;1) potable water and
electrical upgrades to the PWRF site, 2) increased winter storage pond capacity,
and 3) wastewater pretreatment improvements consisting of low -rate anaerobic
Page 25 of 249
digestors, renewable natural gas generation, and an algea-based biological
nitrogen removal system.
Council has been briefed extensively on multiple occasions about the phasing,
associated costs, and funding of improvements to the PWRF.
CERB is a state organization formed in 1982 to respond to local economic
development in Washington communities. CERB provides funding to local
governments and federally-recognized tribes for public infrastructure which
supports private business growth and expansion. Eligible projects include
domestic an buildings, wastewater, water, public water, industrial d storm
telecommunications, and port facilities.
V. DISCUSSION:
being a through provided is The PWRF the for financing improvements
combination of grants, public and private loans, revenues from the sale of
renewable natural gas, investment tax credits, and system user fees. All public
and private debt is being or will be, serviced by the system users. Council has
previously been provided comprehensive briefings about the financial needs of
the facility.
Staff has committed to pursuing all available local, state, and federal grants and
low-interest loans to help reduce the final cost to the PWRF Processors. While
a small part of the overall funding package, this CERB loan is an example of this
commitment, and fits well into the overall long-term financing strategy for the
aforementioned upgrades.
Staff requests support from Council to accept this low-interest loan from the
CERB for the PWRF Pretreatment Improvement Project.
This item was discussed and Council approved the application submittal to
CERB on December 5, 2022, at a Regular Council meeting.
Page 26 of 249
Resolution – PWRF Phase 3 CERB Loan Agreement - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A CAPITAL
AGREEMENT WITH THE WASHINGTON STATE COMMUNITY
ECONOMIC REVITALIZATION BOARD (CERB) FOR AID IN FINANCING
THE COSTS OF THE PROCESS WATER REUSE FACILITY
PRETREATMENT IMPROVEMENTS PROJECT.
WHEREAS, on December 5, 2022, Council approved Resolution No. 4284 authorizing
City staff to submit an application to the Community Economic Revitalization Board (CERB), for
and on behalf of the City, for the CERB loan funding; and
WHEREAS, on January 23, 2023, the CERB awarded funding to the City for the Process
Water Reuse Facility (PWRF) Pretreatment Improvements Project; and
WHEREAS, the City is now ready to accept the offer of the loan from the CERB in the
amount of $4,250,000, said loan to bear interest at the rate of 2.0% per annum; an additional
$750,000 proceeds will be received as a grant award; and
WHEREAS, repayment of said loan shall be consistent with the terms provided in the
signed CERB Revised Initial Offer of Financial Aid a copy is attached hereto as Exhibit A; and
WHEREAS, the City reserves the right to accelerate payments on principal and eliminate
the interest on any accelerated principal payments; and
WHEREAS, this obligation shall be considered as a legal revenue obligation of the City
and Darigold hereby pledges its full faith and credit to the payment thereof; and
WHEREAS, the City shall establish a reserve account to be known as the CERB Reserve.
Establishment of this reserve applies to the CERB grants and loans. In the case of a loan, there
shall be sufficient monies placed in this fund to meet the above-detailed repayment schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and
directed to make minor, substantive changes and execute the Washington State Community
Economic Revitalizations Board Capital Agreement on behalf of the City of Pasco, attached hereto
as Exhibit B.
Be It Further Resolved that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 27 of 249
Resolution – PWRF Phase 3 CERB Loan Agreement - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
_________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 28 of 249
Project Number: C2023-265
Contract #: S23-790A0-257
Washington State
Community Economic Revitalization Board
Initial Offer of Financial Aid
City of Pasco
Federal Tax Number: 91-6001264
Offer Date: January 19, 2023
The Community Economic Revitalization Board (CERB) is authorized by chapter 43.160 RCW to provide funds
to political subdivisions to assist in financing the cost of certain public facilities. This Initial Offer of Financial aid
is contingent upon the availability of CERB funds. CERB hereby offers to make funds available to the City of
Pasco, hereafter referred to as the "Contractor,” in order to aid in financing the cost of, or improvements to,
public facilities consisting of Pasco PWRF Pretreatment Upgrade as described in the application (hereafter
collectively referred to as the "Project").
This offer consists of:
General Obligation loan of $5,000,000
Interest rate: 2.5 percent (%) per annum on the outstanding principal balance
Term: 20 years maximum
First payment due July 31, 2025.
This offer is subject to completion of pre-contract conditions, as described in Attachment A.
A final contract shall be developed by CERB prior to disbursement of funds. No project costs incurred prior to
this offer date will be reimbursed by CERB. In the event a final contract is not executed, no CERB funds will be
disbursed.
If accepted, this Initial Offer of Financial Aid must be signed and returned to CERB by March 6, 2023.
ACCEPTANCE
FOR CERB FOR THE CONTRACTOR
Michael Echanove, Chair Adam Lincoln, Interim City Manager
Community Economic Revitalization Board City of Pasco
Date: Date:
DocuSign Envelope ID: 8A1592A8-5234-494C-A02A-0200E3BECD89
3/2/2023 | 8:51 AM PST3/2/2023 | 1:00 PM PST
EXHIBIT A
Page 29 of 249
Certificate Of Completion
Envelope Id: 8A1592A85234494CA02A0200E3BECD89 Status: Completed
Subject: Complete with DocuSign: Pasco, City of - CERB IOFA - S23-790A0-257.pdf
Division:
Local Government
Program: CERB
ContractNumber: S23-790A0-257
DocumentType:
Other
Source Envelope:
Document Pages: 1 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Barbara Smith
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
barbara.smith@commerce.wa.gov
IP Address: 147.55.149.133
Record Tracking
Status: Original
1/23/2023 11:33:49 AM
Holder: Barbara Smith
barbara.smith@commerce.wa.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Adam R. Lincoln
lincolna@pasco-wa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.184.156.54
Sent: 1/23/2023 11:35:59 AM
Resent: 3/2/2023 8:50:29 AM
Viewed: 3/2/2023 8:50:56 AM
Signed: 3/2/2023 8:51:09 AM
Electronic Record and Signature Disclosure:
Accepted: 1/26/2023 11:46:52 AM
ID: f8de9644-ff66-463f-9f91-08ba0ad4d282
Michael Echanove
Echanove@palouse.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.126.186.78
Sent: 3/2/2023 8:51:11 AM
Viewed: 3/2/2023 12:59:50 PM
Signed: 3/2/2023 1:00:29 PM
Electronic Record and Signature Disclosure:
Accepted: 3/2/2023 12:59:50 PM
ID: 86b8433a-d031-43ca-bc32-5d7b4ac680ed
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Page 30 of 249
Carbon Copy Events Status Timestamp
Steve Worley
worleys@pasco-wa.gov
Security Level: Email, Account Authentication
(None)
Sent: 1/23/2023 11:35:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/23/2023 11:35:58 AM
Certified Delivered Security Checked 3/2/2023 12:59:50 PM
Signing Complete Security Checked 3/2/2023 1:00:29 PM
Completed Security Checked 3/2/2023 1:00:29 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Page 31 of 249
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From time to time, Washington State Department of Commerce (we, us or Company) may be
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Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Adam R. Lincoln, Michael Echanove
Page 32 of 249
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Page 33 of 249
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Page 34 of 249
AGENDA REPORT
FOR: City Council May 29, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: General Fund Monthly Report - April 2023
I. REFERENCE(S):
General Fund Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
N/A
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Attached is the General Fund financial update for April 2023.
The General Fund is a major fund of the City. It is the primary governmental fund
of the City and reflects all revenues and expenditures not accounted for in
another fund. The administration provides quarterly reports to Council for other
funds.
V. DISCUSSION:
Please view the attached report for details.
Page 35 of 249
April 2023
Monthly
General Fund
Report
Prepared by Darcy Buckley, Finance Director
Page 36 of 249
Permit Type 2022
Count
2022 Permit
Value
2023
Count
2023 Permit
Value
Percentage
Change
Count
Percentage
Change Dollars
Commercial 152 $50,498,425 164 $103,369,950 8%105%
Industrial 24 $5,542,349 26 $9,444,937 8%70%
Mobile
Home 2 $180,000 3 $260,000 50%44%
Residential 672 $38,974,929 636 $28,216,655 -5%-28%
Total 850 $95,195,704 829 $141,291,543 -2%48%
Building Permit Activity
General Fund Financial Report / Page 2
The table above reflects year-to-date activity for the years 2022 and 2023. All permitted activity
in the City is included in these totals whether a small or large scale improvement or new
construction. In comparing the totals through April of the two years, the total permit count is
lower by 2%, but the value of the permits has increase by 48%.
For the month of April 2023, the number of Single Family Dwelling Unit (SFDU) permits issued
was 24 with a total permit value of $8.2M. The average value of permitted SFDU is $290,604. The
average value of SFDU for April was $342,403. Average permit values for SFDU increased in
March and April over prior 2023 averages. Other than SFDU, residential permits in April of 2023
included permits for two accessory dwelling units ($135K), accessory structures including items
like fences, sheds, decks and pools valued at $690K, minor ($415K) and major ($918K)
alterations and repairs. Alterations include work like solar system installations, remodel
alterations, roof and siding replacement, and utility improvements, including replacement of heat
pumps and water line repairs.
Commercial permit value for the month of April recognized the issuance of a business
professional ($1.28M), business service ($1.25M) and a large City improvement project at the
Wastewater Treatment Plant ($19.5M). These projects resulted in significant monthly and year-
to-date comparison improvements, reflected in table above.
Industrial permit value in April reflects agricultural permitted additions of $734,464 and
alterations valued at $1.96M.
Year-to-Date Building Permit Activity - Comparative
Page 37 of 249
Year First Quarter April 2023 Total 2023 YTD April %
Change
2020 $3,676,681 $1,043,886 $4,720,567 30%
2021 3,722,963 1,227,949 4,950,912 24%
2022 5,625,598 1,660,840 7,286,438 -16%
2023 $4,736,610 $1,409,478 $6,146,088
Represents
28.3% of
2023 Budget
The sales tax rate applied to City of Pasco retail sales is 8.9%. January 2023 reflected the
first month of tax collection of .2% to benefit the Pasco Public Facilities District, a voter
approved tax to support construction of an Aquatic Center.
The City of Pasco receives a share of Regular and Optional sales tax (1%), Criminal Justice
(0.1%), and Public Safety (0.3%). Taxes that make up the majority of the 8.9% rate are
distributed to the State and to Franklin County.
The City receives 85% of the 1% Regular and Optional sales tax. Criminal Justice and
Public Safety sales tax is distributed to the City by Franklin County based on different
distribution methods prescribed by State of Washington laws and weighted by population.
Over the past many years the City has benefitted from construction sales tax generated
from major permitting activities, especially construction by large commercial and
industrial partners. These taxes are one-time in nature but the City anticipates more of
these large scale projects to help increase its sales tax base for the next few years.
Below is a comparison of monthly receipts by year. 2023 revenues are greater than
those of 2020 and 2021, but below 2022 collection. One large scale project of 2022
attributes for the tax revenue difference.
Sales Tax
General Fund Financial Report / Page 3 Page 38 of 249
Business Type First
Quarter April 2023 Total 2023 % of Sales
Tax Revenue
Motor Vehicle and
Parts Dealers $1,127,459
$372,409 $1,499,868 24.4%
Construction of
Buildings 388,207 89.069 477,276 7.85%
Merchant Wholesalers, Durable
Goods 380,028 91,316 471,344 7.7%
Sporting Goods,
Hobby, Musical Instrument, Book,
and Miscellaneous Retailers 331,399 112,637 444,036 7.2%
Food Services and Drinking Places 282,000 93,598 375,598 6.1%
Specialty Trade
Contractors 266,171
80,876 347,047
5.6%
General Merchandise Retailers 212,894 56,627 269,521 4.4%
Building Material and Garden
Equipment
and Supplies Dealers 165,952 46,142 212,094 3.5%
Administrative and Support Services 161,506 31,979 193,485 3.1%
Furniture, Home furnishings,
Electronics & Applicances 128,484 38,231 166,715 2.7%
Remaining Categories 1,292,509 396,595 1,689,104 27.5%
Total Sales Tax Distributed $4,736,610 $1,409,478 $6,146,088
28.3% of
budget
Sales Tax Distribution - 2023
General Fund Financial Report / Page 4
Top Ten by Category - Remaining Consolidated.
Page 39 of 249
Category of Revenue Biennial Budget YTD April 2023 % Received
Taxes
Retail Sales Tax $44,450,700 $2,839,928 6.39%
Utility Tax 24,204,918 3,383,927 13.98%
General Property Tax 25,863,203 5,585,508 21.60%
Retail Sales Tax - Public Safety &
Criminal Justice 8,780,000 640,314 7.29%
Other Tax 2,392,852 258,105 10.79%
Licenses & Permits 7,481,532 1,182,533 15.81%
Intergovernmental 7,194,296 1,310,227 18.21%
Charges for Goods and Services 19,688,841 2,553,599 13.00%
Fine and Penalties 1,790,529 297,287 16.60%
Miscellaneous 1,828,814 374,973 20.50%
Debt Principal -
Proceeds/Repayment Received 113,201 0 0.0%
Transfers and Subsidy - Revenue 35,796,816 587 0.00%
Total $179,585,702 $18,426,989 10.30%
Without Debt Proceeds $144,585,702 12.70%
Revenue Budget Comparison
As of April month-end, 16.67% of the biennium time frame has passed. Revenues are not received
in a linear fashion in many categories. Sales tax for retails sales for January sales is received in
March, as there is typically a two-month reporting and distribution process. Property tax is received
primarily in two large installments in May and November. The Miscellaneous category of revenue
reflects a one time receipt that will not recur later in the year. Transfers and Subsidy category
includes planned bond issuance and sales of capital assets that have not yet occurred. With the
impact of budgeted bond proceeds removed, percentage of budgeted revenue received increases to
12.7% and is reflective of revenues earned to cover recurring, non-capital expenses.
General Fund Financial Report / Page 5
As noted on the previous page, revenue activity is adjusted to reflect year of earning. This treatment
is made to meet Generally Accepted Accounting Principles. Below are the results of March
operations following the accounting entries. Therefore, the sales tax revenue reported below does
not include receipts in 2023 for 2022 sales. 2022 activity was reported in year earned.
Page 40 of 249
Category of Revenue YTD April
2022
YTD April
2023
$ Over/(Under)
YTD April 2022
% Over/(Under)
YTD April 2022
Taxes
Retail Sales Tax $3,370,423 $2,839,928 $(530,494)(15.7%)
Utility Tax 3,496,234 3,383,927 (112,307)(3.2%)
General Property Tax 4,906,578 5,585,508 678,930 13.8%
Retail Sales Tax - Public
Safety & Criminal Justice 752,540 640,314 (112,226)(14.9%)
Other Tax 44,225 258,105 213,881 483.6%
Licenses & Permits 1,038,642 1,182,533 143,890 13.9%
Intergovernmental 1,259,334 1,310,227 50,893 4.0%
Charges for Goods and
Services 3,100,911 2,553,599 -547,311 (17.7%)
Fine and Penalties 171,360 297,287 125,926 73.5%
Miscellaneous 262,894 374,973 112,078 42.6%
Debt Principal -
Proceeds/Repayment
Received
0 0 0 0.0%
Transfers and Subsidy -
Revenue 356 587 231 65.0%
Total $18,403,497 $18,426,989 23,491 0.1%
Revenue Annual Comparison
General Fund Financial Report / Page 6
As noted on the previous page, revenue activity is underbudget as compared to year to date time
passage. Revenue timing is variable. Some revenues, like general property taxes are received in
intermittent installments. Others, like sales taxes, are receipted monthly, but are received following
passage of month earned. As a comparison to prior year's revenue timing, please see below.
Page 41 of 249
Category Name Biennial
Budget
Actual as of
April 30,
2023
% Spent
Operational
Spending
Over/(Under)
Linear Budget
Transfers and Subsidy -
Expense $40,131,302 $71,604 0.18%
Salaries and Wages 67,719,671 8,685,505 12.83%-2,601,107
Personnel Benefits 21,686,728 3,088,164 14.28%-516,290
Supplies 6,665,827 1,217,731 18.27%106,760
Services 39,990,860 7,949,375 19.88%1,284,231
Capital Outlays 3,595,460 1,296,447 36.06%
Debt Principal 8,202,300 0 0.00%
Debt Interest 1,952,408 600 0.03%
Total $189,884,556 $22,309,425 11.75%-1,726,08
Expense - Year-to-Date
As of April month-end, the elapsed time is approximately 16.67% of the biennium.
Expenses as of the end of April are less than budgeted as compared to time in
biennium. For comparison as of the end of April 2022, the percentage of expenses
reported was 12.06% of biennium budget. As recurring, regular expenses are
concerned, underspending in labor costs, both wages and benefits, are offsetting
overages in supplies and service expenses, resulting in a buffer of approximately
$1.7M. Knowing of the potential impact of inflation, staff is in the process of reviewing
all expenses that are 20% or more of budgetary expectation. The goal of the review is
to identify areas of ongoing concern and opportunities for mitigation. In the category of
Transfers and Subsidy - Expense, funding is transferred and expense recorded in
concert with capital project activity. These transfers will increase when more
construction projects are undertaken as the year progresses. The Capital Outlays
category are reflective of budgeted tool and technology purchases. Spending is not
anticipated to exceed budgetary levels.
General Fund Financial Report / Page 7 Page 42 of 249
Category Name Actual as of
April 30, 2023
Actual as of
April 30, 2022 Change
Percentage
Annual
Increase
Transfers and Subsidy -
Expense $71,604 $121,710 $(50,106)-41.17%
Salaries and Wages 8,685,505 7,121,731 1,563,774 21.96%
Personnel Benefits 3,088,164 3,088,164 551,027 21.72%
Supplies 1,217,731 504,930 712,801 141.17%
Services 7,949,375 6,492,764 1,456,610 22.43%
Capital Outlays 1,296,447 120,381 1,176,066 976.95%
Debt Principal 0 0 0.00 0.00%
Debt Interest 600 600 0.00 0.00%
Total $22,309,425 $16,899,253 $5,410,172 32.01%
Expense - Compare to Prior Year
General Fund Financial Report / Page 8
Salaries and Wages Category was budgeted to be 35% greater this biennium. As
planned, new staff members have been added in 2023. Positions are being
added cautiously. For some positions, the availability of appropriately skilled
staff has slowed the hiring process.
Personnel Benefits Category was budgeted 26% greater than the 2021-2022
biennium. Activity in this category of expenses is reflective of the combined
effect of need based hiring and workforce availability.
As of the end of April 2023, supplies spending is slightly ahead of budget,
18.27% vs 16.67%. As compared to supplies spending for the same period in
2022, supplies expenses are significantly higher, 141.17%.
Year-to-date service expenses recorded are a little ahead of budget, but the
percentage increase between 2022 and 2023 is in line with biennial budgetary
increase.
As outlined on the prior page, total expenses are below budgetary expectation. It is
valuable, however, to evaluate trends or changes from one year to the next.
Finance staff is reviewing budget to actual activity with department staff. Result of
review will be considered in mid-biennium update.
Page 43 of 249
General Fund Financial Report / Page 9
Capital
Projects
M A J O R P R O J E C T S I N P R O G R E S S
General Fund provides support for capital
projects on a regular basis. The fund also
retains all Limited Tax General Obligation
bonds proceeds and transfers those
proceeds to General Construction Fund as
needed per the accounting standards.
Fire Station 85 - Design and site work for future
Fire Station 85 site began in 2022. For 2023,
completion of the Fire Station is anticipated.
Funding available from a LTGO bond issued in
2019 plus an issuance of new debt financing in
2023 will support construction spending. The 2023
- 2024 biennial budget includes $7 million budget
for this project. Carryover of available budget as of
12/31/2022 will complete the budgetary authority
for 2023 - 2024. As of the end of March spending
is $1,243,631.
In the month of April, progress related to
construction of Fire Station 85
continued. A long anticipated project for
the construction of the regional animal
control facility is underway in 2023.
Animal Control Facility - Funding for the facility
is shared between the three partner
municipalities; Pasco, Kennewick and Richland.
The City of Pasco issued a bond in 2019 to
support construction. The total project budget is
$6.4M. Funds previously Council Approved will
be carryover into the 2023 -2024 Biennial Budget
to provide budget authority. As of the end of
April, spending totals $247,331.
Page 44 of 249
Category Name Budgetary
Impact
Percentage of
2023 Budgeted
Property Tax
Cost at Levy
Rate
Per Assessed
Value -
$400,000 at
2023 Rate
SAFER Grant Cessation $1,000,000 8.0%$0.10 $41.00
Fire Station 85 Debt
Service 615,000 4.9%0.06 25.00
Total $1,615,000 12.9%$0.16 $66.00
Future Budgetary Considerations
With the City's continued growth and focus toward meeting both community needs and
desires, demands on the General Fund have the potential to grow. Currently, there are
known future costs.
One known expense impacts is the cessation of the SAFER grant beginning in the 2024 -
2025 biennial budget. Currently, a SAFER grant is funding the wages and related labor
cost for 15 FTEs. Six of the staff members are charged to the General Fund supporting the
Fire Department. The remaining are designated to the Ambulance Fund.
As budgeted, the construction of Fire Station 85 started in 2022 and continues in 2023.
The funding plan included issuance of a 2023 Limited Term General Obligation Bond. The
anticipated debt service associated with the bond is $615,000 annually.
Below is the impact of these costs on the General Fund. As the City prepares to compose
the 2023-2029 Capital Improvement Plan, it will be crucial to identify funding capacity of
various sources. Then, steps can be taken to pair funding capacity with community plans
and capital needs. As part of that effort, similar to the calculations displayed below, both
the impact to, and availability of, revenue sources will be evaluated.
General Fund Financial Report / Page 10 Page 45 of 249
General Fund Financial Report / Page 11
Financial Outlook
In preparing for the coming years' activity and sound planning, the City continues
efforts to identify long-term needs. The resulting analysis efforts will allow for
options to consider funding solutions. Part of this process included in the 2023-2024
biennial budget is the preparation of a General Fund Long - Term Financial Planning
model. The goal of this plan is to assess future community needs and the related
demands on the General Fund.
Also part of planning efforts, some of which began in 2022, are various studies
related to fee structure. The need for assessment is especially vital where growth is
driving the City's capital expenditures. Those studies include fire and traffic impact
fees and capital expansion or connection fees for City provided utilities.
As historically true, staff prioritizes efforts to apply for grant funding or low-interest
loans to support community benefiting projects. Successful grant funding and lower
interest loan instruments lessen costs to be passed on to tax and rate payers.
This report reflects activity through the end of April 2023. Revenues are lagging as
compared to a linear comparison of budget expectation. In April, the City received the
first installment of property tax proceeds. This receipt accounted for 21.6% of biennial
budget planning. Sales tax remains behind 2022 year to date receipts. This shortage
remains at a similar rate as for the first quarter of 2023. Permitting revenues are
nearly on pace, 13.9% of budgeted. Charges for goods and services are low, but this
delay has the potential to be made up in future months' related to engineering service
activity with construction and the application of internal service funds.
Expense activity is also below budgetary expectation. These differences are a function
of timing of effort and activity. Comparison of budget to actual activity is a monthly
partnership between operating departments and Finance. The continuation of
inflationary pressure remains a concern we are monitoring.
Page 46 of 249
G E N E R A L F U N D F I N A N C I A L R E P O R T / P A G E 1 2
Basic Law Enforcement
Academy
Page 47 of 249
AGENDA REPORT
FOR: City Council June 1, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Public Hearing - Right-of-Way Vacation for Snake River Agriculture LLC
(VAC 2022-006)
I. REFERENCE(S):
Survey
Overview Map
Vicinity Map
Emails relating to the December public hearing on the vacation request
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to deny a request to vacate a portion of South Oregon Avenue
located at the southeast corner of East "A" Street and South Oregon Avenue.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
Snake River Agriculture LLC, has submitted a request to vacate a portion of
South Oregon Avenue located at the southeast corner of East "A" Street and
South Oregon Avenue. The proposed vacation contains approximately one -
fourth of an acre.
A public hearing was held regarding this proposed vacation at the December 5,
2022, Council Meeting. After the public hearing closed, Council had additional
questions regarding the proposed vacation and approved a motion to continue
the right-of-way vacation for the Snake River Agriculture, LLC (VAC 2022 -006)
to the Council Workshop scheduled for February 13, 2023. The continuation
Page 48 of 249
would provide additional time to gather the requested information regarding the
vacation request.
During the hearing on December 5, 2022, a representative on behalf of the
applicant made a statement indicating that the applicants were provided
assurance the once approved be vacation would that staff City by the
Washington Department of Transportation approved the City's assumption of
responsibility for processing the vacation of the right of way. This assurance led
to the continuation of the vacation process.
Public notices were distributed in accordance with the Pasco Municipal Code on
May 9, 2023, regarding the public hearing scheduled for June 5, 2023.
V. DISCUSSION:
Despite conducting a search of communication records, no evidence has been
found to support the claim that any assurance of vacation was made to the
applicant or their representative. Additionally, the former City Manager, former
Community Development Director, and former City Engineer have confirmed
that they do not recall providing any such assurance regarding the vacation of
the right of way. In an effort to gather more information, the applicant's
representative has been requested to provide any relevant documentation or
details, but thus far, no response or information has been received.
Staff's primary concern at this stage revolves around the uncertainty surrounding
the potential effects of increased truck traffic resulting from the new industrial
developments to the east, namely Amazon, Tarragon, and Local Bounti, on the
intersection in question. The impact of this increased traffic, particularly from
trucks, remains unclear and poses significant considerations for the viability and
safety of the proposed vacation.
Furthermore, it should be noted that Public Works is currently undertaking a
federally funded capital project, which includes proposed improvements in close
proximity to the area under consideration for vacation. These improvements may
necessitate the acquisition of an easement. If the vacation of the right -of-way
were to proceed, it would directly impact the cost and schedule of this project. In
such a scenario, a federal process for acquiring an easement on the vacated
area would be mandatory, leading to potential delays and additional expenses.
The criteria established by Pasco Municipal Code (PMC 12.40.070) are:
(1) The vacation shall not adversely affect traffic accessibility and circulation
within the immediate area or within the City as a whole;
(2) The right-of-way is not contemplated or needed for future public use;
(3) No abutting property will become landlocked, or its access substantially
impaired; and
Page 49 of 249
(4) The public needs shall not be adversely affected and the vac ation will
provide a public benefit or serve a public purpose.
Staff is aware that conversations have taken place regarding the possibility of
utilizing a license agreement as an alternative to the vacation of the right -of-way
(ROW) requested by the applicant. This license agreement would offer
temporary access conditional upon specific criteria to accommodate the
applicant's needs.
While the license agreement presents a potential solution to address the
applicant's requirements, it does not address the underlying concerns raised by
staff. These concerns include the preservation of adequate access for traffic and
circulation, the consideration of future use scenarios, ensuring minimal impact
on neighboring properties, and upholding the public's interests and needs.
In light of these concerns, the staff maintains its position that the license
agreement, although an option to be explore d, does not fully resolve the
aforementioned issues. Further evaluation and discussion are necessary to
ensure that the proposed solution adequately safeguards the essential
considerations outlined above.
The acquisition of right-of-way in anticipation of projected growth and increased
traffic has posed persistent challenges in various areas of our community.
Denying the request for vacation of the right-of-way helps avoid the premature
relinquishment of public rights-of-way in a specific location that is currently
undergoing rapid growth and attracting significant development interests.
This decision aligns with our broader policy objectives of effectively managing
and preserving public infrastructure resources to accommodate future demands
and ensure the orderly development of the community. By maintaining control
over the right-of-way, we can proactively address future transportation needs,
mitigate potential congestion issues, and safeguard the long-term interests of
the community.
Given the above-mentioned factors and lack of concurrence with the criteria of
PMC 12.40.070, the staff is unable to support the application for vacation at this
time, as there are unresolved concerns regarding the anticipated truck traffic
impacts and the implications for the adjacent federally funded capital project. It
should be noted that a formal permit or development application has been
submitted for the land adjacent to the requested vacation area.
The staff recommendation is supported by Pasco City Attorney (see VAC 2022-
006 Email Ferguson snake River Ag LLC 2023-02-015)
Page 50 of 249
EXHIBIT A RIGHT OF WAY VACATION
LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 OF TOWNSHIP
9 NORTH IN RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON.
FOUND 2 1 2" B.O.R. BRASS CAP IN CASE @ INTX. WEHE & "A" ST., MOSTLY ILLEGIBLE CITY OF PASCO-ID: 56
F
EXISTING CURB & \ GUTTER"
�PBS
29
R/W
VACATION
12,150 S.F. 0.28 AC.
PBS Engineering
and
Environmental Inc.
pbsusa.com
0 0
0 0 I")
Ol !J.l Ol lX)
Ol �
N N b 0 l/)
DRAWN BY: OWN
CHECKED BY: ADM
FOUND 3" BRASS CAP @ INTX. OF "A"ST & ELM -CENTER PUNCH ONLY, ILLEGIBLE
S89"44'05"W 1321.19'
E.ASTREET
Scale 1" = 60' I 1 30 60
08/26/2022
120
1321.94' �.;;.;.;..;;..;.. _____ -(co
FOUND 5 8" REBAR NO CAP @ CL DIRT ROAD
SCALE: 1" = 60' DATE: 08/26/2022
PROJECT NO.: 663!!1.000 SHEET _1_ OF _2_
Page 51 of 249
EXHIBIT A RIGHT OF WAY VACATION
LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 OF TOWNSHIP
9 NORTH IN RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN
COUNTY, WASHINGTON.
LEGAL DESCRIPTION
A PORTION OF RIGHT OF WAY, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PASCO, COUNTY OF FRANKLIN, STATE OF WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 BEING A FOUND 2 1 /2" BUREAU
OF RECLAMATION BRASS CAP IN CASE; THENCE SOUTH 00"24'18" EAST ALONG THE EASTERLY SECTION LINE OF SAID SECTION 32 A DISTANCE OF 40.00 FEET TO THE INTERSECTION WITH THE
SOUTHERLY RIGHT OF WAY MARGIN OF EAST "A" STREET; THENCE SOUTH 00"24'18" EAST
CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF 3.01' TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00"24'18" EAST CONTINUING ALONG SAID EASTERLY SECTION LINE A DISTANCE OF
296.99 FEET; THENCE SOUTH 89"44'04" WEST LEAVING SAID EASTERLY SECTION LINE A DISTANCE OF 16.99 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT,
HAVING A RADIUS OF 1,482.31 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 80"52'31" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 195.84 FEET, WITH A DELTA ANGLE OF 07"34'12", A CHORD BEARING OF NORTH 12"54'35" WEST, AND A CHORD LENGTH OF 195.70 FEET TO A POINT OF REVERSE CURVATURE TURNING TO THE RIGHT, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 135.20 FEET, WITH A
DELTA ANGLE OF 91"07'50", A CHORD BEARING OF NORTH 28"52'20" EAST, AND A CHORD LENGTH OF 121.39 FEET TO THE TRUE POINT OF BEGINNING.
HAVING AN AREA OF 12, 150 SQUARE FEET, 0.28 ACRES, MORE OR LESS.
LINE TABLE LINE BEARING DISTANCE L1 S89'44'04"W 16.99'
L2 S00'24'18"E 3.01'
L3 S00"24'18"E 40.00' 08/26/2022
CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 1482.31' 195.84' 195.70' S1 2'54' 35"E 7"34'12"
C2 85.00' 135.20' 121.39' N28·52•2o"E 91 "07'50" ■PBS PBS Engineering
and
Environmental Inc.
pbsusa.com
DRAWN BY: DVWV
CHECKED BY: ADM
SCALE: NIA
PROJECT NO.: 66381.000
DATE: 08/26/2022
SHEET _2_ OF --2_
Page 52 of 249
Item:South Oregon Avenue Street Right-of-Way Vacation
App1icant(s):Snake River Agriculture c/0 Steve West
File #:VAC 2022-006
Overview
Page 53 of 249
Vicini Item:South Oregon Avenue Street Right-of-Way VacationtyApp1icant(s):Snake River Agriculture c/0 Steve West
lag is..--=...":..___.Page 54 of 249
Page 55 of 249
Page 56 of 249
From:Rick White
To:Rick White
Subject:FW: ROW vacation on
Date:Tuesday, February 7, 2023 4:23:37 PM
Attachments:image002.png
From: Jon Padvorac <padvoracj@pasco-wa.gov>
Sent: Tuesday, February 7, 2023 4:00 PM
To: Rick White <WHITER@pasco-wa.gov>
Subject: FW: ROW vacation on
FYI
From: Dan Ford <Dan.Ford@cityoftoppenish.us>
Sent: Tuesday, November 8, 2022 1:57 PM
To: Jon Padvorac <padvoracj@pasco-wa.gov>; Dave Zabell <zabelld@pasco-wa.gov>
Cc: Rick White <WHITER@pasco-wa.gov>; Jacob Gonzalez <gonzalezjb@pasco-wa.gov>
Subject: RE: ROW vacation on
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Hey Jon,
I remember this very well.
This is somewhat similar to the Lewis Place vacation that Steve Bauman wanted.
This property did come up in discussion with Steve Bauman and Steve West, who I will now just use
their last names for clarity, but maybe not for the reasons you know. The only reason this property
came up was that it interfered with a street along the north side of the RR tracks that Bauman
wanted for West. The street would have been born 100% by Local Bounti and they were not hat
interested in it once they learned that. Funny thing West sold this property to Local Bounti and did
not retain the needed 60’ for a road but if I remember correctly only 30’ for access…..and yes,
Bauman tried to get a 30’ road and was told no. This proposed road was so that West’s other
property, to the south of Local Bounti, could have easier access to Oregon Avenue. This had nothing
to do with West’s other property at the intersection of Oregon and ‘A’ Street.
Also, just top be clear, although the discussion happened in a meeting with Bauman and West, I did
confirm with Paul Gonseth, WSDOT Planner, that they would turn that over to the City if I requested.
I followed through with that request. This was not a Bauman thing although he may have reminded
them. He has no ability to assume liability for the City.
Page 57 of 249
All that being said, we also had DKS perform an analysis of a road at that location and it was
determined that it would not provide any benefit and may cause a safety issue due to the proximity
of the RR Tracks. There is a memo somewhere. Garth Appanaitis from DKS helped us with that.
In summary, there was never a discussion, plan, or agreement to vacate that property to Bauman or
West for any purpose. Especially not associated with the intersection of Oregon and ‘A’ Street. They
are hoping to get something for nothing. I can see that intersection growing in the future, maybe
even to a roundabout, and retaining that property will be key.
One argument that will be tried, because it was tried before, is that the R/W must align with the
road for improvements to take place. This is not true. The City can and should have these initial
improvements on this property, constructed by the Developer as that is no different than R/W, and
retain this extra area for future widening if needed. I would not even talk to him about an easement,
which is what Dave, and I did on East Lewis Place, because that is a different situation altogether….
But Bauman may try that as well. I would however dedicate this piece as R/W immediately as that
will take the argument away.
Hope that helps.
Dan Ford, PE
Assistant City Manager/Public Works Director
21 West First Avenue
Toppenish, WA 98948
Ph: 509.865.4500
From: Jon Padvorac <padvoracj@pasco-wa.gov>
Sent: Tuesday, November 8, 2022 11:16 AM
To: Dave Zabell <zabelld@pasco-wa.gov>; Dan Ford <Dan.Ford@cityoftoppenish.us>
Cc: Rick White <WHITER@pasco-wa.gov>; Jeff Adams <ADAMSJ@pasco-wa.gov>; Jacob Gonzalez
<gonzalezjb@pasco-wa.gov>
Subject: ROW vacation on
CAUTION: External Email
Dan/Dave,
I have been doing what I can to manage things without bothering you too much, but needed to
reach out to confirm what commitments had been made to a developer. Steve Bauman is
representing Steve West with regards to a ROW vacation at the SE corner of Oregon & A Street.
According to Steve Bauman, he met few months ago with Dan Ford, Dave Zabell, and a WSDOT
Page 58 of 249
representative met and had a discussion about ROW @ Oregon & A Street. WSDOT said would
relinquish ROW to the City. Three or 4 weeks ago WSDOT relinquished ROW to the City. According
to Steve Bauman, Dan/Dave didn’t explicitly commit that vacation would be approved during the
meeting, but Steve B. moved forward with the process of working with WSDOT to have the ROW
turned over to the City under the assumption that his future vacation request could be granted.
Current City staff’s opinion (and the draft staff report) is that this ROW should remain the City’s, for
future needs that may arise around this key intersection. Can you confirm if you had given Steve B. a
firm commitment that the ROW would be vacated, or was the coordination meeting just to discuss
the overall framework for the process of moving forward so the developer could file a vacation
request for consideration by City staff?
Thanks,
Capture
Jon Padvorac | City Engineer
Community & Economic Development
525 N. 3rd Avenue | Pasco, WA 99301
Office: (509) 545-3445
Cell: (509) 316-6636
padvoracj@pasco-wa.gov
This email and your response are considered a public record and will be subject to disclosure under Washington’s Public
Records Disclosure Act
Page 59 of 249
From:Rick White
To:Rick White
Subject:FW: Vacation
Date:Tuesday, February 7, 2023 4:26:10 PM
From: Rick White <WHITER@pasco-wa.gov>
Sent: Tuesday, December 6, 2022 10:50 AM
To: Steve Bauman <Steve@b4land.com>
Subject: Vacation
Steve – I assume you have some sort of documentation related to your statements last night that the
City changed course in mid stream regarding the vacation at Oregon and ‘A” Street. Can you please pass
that on to me since I have nothing along those lines in the vacation file.
Thanks
Rick W
Page 60 of 249
Jeff Adams
From:
Sent:
To:
Cc:
Subject:
Eric Ferguson <eferguson@kerrlawgroup.net>
Wednesday, February 15, 2023 9:27 AM
Debra Barham; Rick White
Jeff Adams; Steve Worley; Adam Lincoln
RE: Right-of-Way Vacation for Snake River Agriculture LLC (VAC 2022-006) Question
[NOTICE: This message originated outside of City of Pasco --DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Rick/Debby,
This is kind of an odd one. First, the initial public hearing had to be set by resolution within the required time frames by
Council. Sounds like that was accomplished. Second, it sounds like we continued that public hearing to sometime in the
future and now we need to move forward with completing the PH. But since this is a "legislative public hearing" (as
opposed to a quasi-judicial public hearing that could have constitutional due process implications) I do not thin k we
need to have Council set the continued hearing by resolution and we can give notice like we did for the original hearing
date. So yes, to answer Rick's question, we can "hold on 3/20 just with advertising and posting" but I would make sure
we follow all of the same notice requirements we did for the original notice (i.e., mailings, newspaper, etc.).
Additionally, Rick, you mentioned in the ELT yesterday that there was some idea out there about possibly retaining "an
easement" in case the City needs to use the potentially vacated land in the future for a road. I'm not sure if it is helpful,
but I do NOT think that is an option. The statute and our code are very specific-the only easements that can be
retained have to be for specific purposes (i.e. not as a road), and, one of the criteria that Council has to use to decide if
the vacation should be approved is that it is NOT anticipated that it will be needed in the future, otherwise, the City has
to retain the ROW. Please see highlighted sections of the PMC below. I included Steve W. and Adam since it sounds like
they have been involved in the discussion about the easement.
12.40.070Criteria.
The City Council shall use the following criteria for approval of the petition:
(1)The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the
City as a whole;
(2)The right-of-way is not contemplated or needed for future public use;
(3)No abutting property will become landlocked, or its access substantially impaired; and
(4)The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public
purpose. [Ord. 4290 § 1, 2016; Code 1970 § 12.40.070.]
12.40.0S0Reserve easements.
In vacating a street, alley, or public easement, the City may reserve for the City any easements or other rights to exercise
and grant any easement for public utilities and services, pedestrian trail purposes, and any other type of easement
relating to the City's right to control, use and manage its rights-of-way. [Ord. 4290 § 1, 2016; Code 1970 § 12.40.080.]
12.40.130Vacation ordinance.
1 Page 61 of 249
Following the public hearing thereon, the City Council may authorize by ordinance the vacation of
such street, alley, access easement, or any part thereof. Such ordinance may provide for the
retention by the City of all easements or rights with respect to the vacated land for the
construction, repair or maintenance of public utilities and services. If the City Council determines
that compensation shall be paid as a condition of the vacation, the ordinance shall not become
effective, published or recorded until the compensation has been paid in full. [Ord. 4290 § 1, 2016;
Code 1970 § 12.40.130.]
ERIC W. FERGUSON
Principal, Managing Attorney
KERR FERGUSON LAW, PLLC I Attorneys at Law I A Professional Limited Liability Company
18l: eferguson@kerrlawgroup.net I�: 509.735.1542 I�: 509.735.0506 I 5:1: 1950 Keene Road Bldg. F-100. Richland. Washington.
99352
This E-Mail message and any documentation accompanying this transmission may contain Attorney Work Product, privileged, and/or
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From: Debra Barham <barhamd@pasco-wa.go v>
Sent: Tuesday, February 14, 2023 4:44 PM
To: Rick White <WHITER@pasco-wa.gov>; Eric Ferguson <eferguson@kerrlawgroup.net>
Cc: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: RE: Right-of-Way Vacation for Snake River Agriculture LLC (VAC 2022-006) Question
Good question!
Council previously set the PH by resolution at their 11.7.22 meeting. It was noticed properly in the 11.13.22
newspaper. The PH was conducted on 12.5.22 and closed after hearing comments from Mr. Bauman and the Council
and staff continued discussion of the possible need for the future use of the right-of-way and requested that this item be
continued with additional information that could accommodate both the City and the applicant. It was brought back for
that discussion at last night's meeting. Do we need to hold another PH and if so, does Council need to set the PH
date? If so, we will need to have the Resolution setting the public hear scheduled for the March 6th meeting, which then
pushes the PH our to April 3 rd to meet the 20-day notice.
Kindly,
Debby
From: Rick White <WHITER@pasco-wa.gov>
Sent: Tuesday, February 14, 2023 4:35 PM
To: Debra Barham <barhamd@pasco-wa.gov>; Eric Ferguson <eferguson@kerrlawgroup.net>
Cc: Jeff Adams <ADAMSJ@pasco-wa.gov>
Subject: RE: Right-of-Way Vacation for Snake River Agriculture LLC (VAC 2022-006) Question
Debby/Eric-do you think Council needs to set a date for the Hearing or can we hold on 3/20 just by advertising and
posting?
Rick
From: Debra Barham <barhamd@pasco-wa.gov>
Sent: Tuesday, February 14, 2023 4:16 PM
To: Rick White <WHITER@pasco-wa.gov>
Cc: Jeff Adams <ADAMSJ@pasco-wa.gov>
2 Page 62 of 249
Subject: Right-of-Way Vacation for Snake River Agriculture LLC (VAC 2022-006) Question
Importance: High
Hi Rick,
When does staff plan on holding the public hearing for the Right-of-Way Vacation for Snake River
Agriculture LLC (VAC 2022-006)?
I'll need an updated legal ad to place in the TCH 20 days prior to the public hearing, is that correct? If so, then to have
the public hearing scheduled for the March 20th Council meeting I'll need the ad by tomorrow if you want it in Sunday's
newspaper or by next Wednesday, if you want it in the February 26th newspaper.
Please advise.
Kindly,
City<:' Pasco Debby Barham, CMCCity Clerk
525 N. 3rd Avenue
Pasco, WA 99301
(509)543-5770barhamd@pasco-wa.gov
This e-mail and any response to this e-mail may be a public record under RCW 42.56 and subject to inspection and
copying by the public upon request. Accordingly, there can be no expectation of privacy.
3 Page 63 of 249
AGENDA REPORT
FOR: City Council May 31, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Jacob Gonzalez, Interim Director
Community & Economic Development
SUBJECT: Ordinance No. 4670 - Amending PMC Title 25 Related to Retail Sales of
Cannabis
I. REFERENCE(S):
Ordinance
Downtown Fixed Boundary Map
Citywide Buffer Map
Commercial & Industrial Zoning Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4670, amending Section 9.90.040 Of
The PASCO MUNICIPAL CODE (PMC), amending Section 9.95.030 PMC, and
amending Section 25.10.020 PMC, creating a new Section 25.10.025 PMC, and
amending Sections 25.15.050C, 25.85.020, 25.90.020, 25.100.020, 25.115.020,
25.120.020 and 25.125.020 PMC, relating to cannabis retail facilities, and
further, authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
At the Council Workshop on October 11, 2022, a consensus of the Council
decided to move forward with a regulatory process aimed at repealing aspects
of the current prohibition for retail cannabis sales.
Further discussion occurred at the January 9, 2023, Council Workshop meeting.
On January 17, 2023, Council adopted Resolution No. 4303, which identified the
preference of allowing retail cannabis sales in the Industrial Zoning Districts
through a conditional use permit.
Page 64 of 249
At the Council meeting of February 21, 2023, Resolution No. 4303 was rescinded
by Council.
At the March 6th meeting, Council directed staff to prepare a resolution for
placing the issue on an advisory ballot and to prepare a second resolution to
prepare an ordinance establishing the commercial and industrial zoning districts
for the inclusion of retail sales of cannabis within Pasco's city limits. This was
followed by Council formally approving Resolution 4328 directing staff to amend
provisions of the PMC to allow the retail sale of cannabis in the C-1; C-2; C-3; I-
1; I-2 and I-3 zoning districts.
At the May 8th workshop, Council and staff reviewed the draft ordinance allowing
for retail sales of cannabis in the C-1; C-2; C-3; I-1; I-2; and I-3 zoning districts.
The draft ordinance did not reduce the buffer requirements for recreational
centers, childcare centers, public parks, public transit centers, libraries, or game
arcades where admission is not restricted to persons aged twenty-one or older,
as defined in WAC 314-55-010. As is represented on the attached City-Wide
Buffer Map, not reducing these buffers as allowed by RCW 69.50.331(8)(b) will
still limit where cannabis retail facilities can locate inside the C and I zoning
districts.
The current draft ordinance does limit the number of potential cannabis retail
facilities to three (3) stores with up to four (4) stores total as long as one is a
“social equity licensee.” This is reflective of the current number of licenses
available for the City of Pasco and Franklin County generally that the
Washington State Liquor and Cannabis Board has allotted. While it is unclear
what the actual effect of the Social Equity License Program would be, there
appears to be a potential for licenses that have been allotted to other counties
to locate in Pasco in the future, and hence, is the reason for the inclusion of a
limitation on a number of retail facilities in the draft ordinance. Although, this is
not a requirement of any ordinance and can easily be amended should Council
choose to do so. It should also be noted that the draft ordinance does not allow
“cooperatives” and still prohibits cannabis production and processing facilities
within the City of Pasco as was requested by Council.
V. DISCUSSION:
Following the May 8th workshop, an updated ordinance has been prepared for
Council discussion and recommendation. Staff recommends that the reduction
in buffers allowed for retail facilities pertaining to the downtown area be defined
using a fixed boundary, such as public rights-of-way, as opposed to limiting the
reduction to a specific zone in downtown. The benefit of using fixed boundaries
is that it eliminates a conformance issue due to properties rezoning to the C -2,
or out of the C-2 zoning district.
Page 65 of 249
City staff welcomes Council discussion of these items.
Page 66 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AMENDING SECTION 9.90.040 OF THE PASCO
MUNICIPAL CODE (PMC), AMENDING SECTION 9.95.030 PMC, AND
AMENDING SECTION 25.10.020 PMC, CREATING A NEW SECTION
25.10.025 PMC, AND AMENDING SECTIONS 25.15.050C, 25.85.020,
25.90.020, 25.100.020, 25.115.020, 25.120.020 AND 25.125.020 PMC,
RELATING TO CANNABIS RETAIL FACILITIES.
WHEREAS, as noted in City of Pasco Resolution No. 4328, after an extensive public
outreach process and discussion at multiple meetings, the City Council has asked the City Staff to
prepare an Ordinance for consideration that would allow the City of Pasco to lift the ban on retail
sales of cannabis and allow retail sales in certain zones; and
WHEREAS, State Initiative 502 ("1-502"), approved by voters of Washington State in
November of 2012, provides a framework for licensing and regulating the retail sale and use of
cannabis purchased from State-licensed businesses; and
WHEREAS, under 1-502, the Washington State Liquor Cannabis Board is tasked with the
responsibility to adopt regulations governing the licensing and operation of cannabis producers,
processors, and retailers; and the Board has set these regulations; and
WHEREAS, the City intends to develop appropriate zoning and land use regulations to
accommodate the retail sale of cannabis that do not conflict with Washington State Law; and
WHEREAS, the City has considered and evaluated amendments to City regulations
regarding the retail uses of cannabis and cannabis retail facilities and directed staff to return with
an Ordinance only allowing the retail sale of cannabis in C-1, C-2, C-3, I-1, I-2, and I-3 zone(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 9.90.040 entitled “Specific nuisances,” [Ch 9.90 – Public Nuisances]
of the Pasco Municipal Code is amended to read as follows.
9.90.040 Specific nuisances.
The following specific acts, omissions, places, conditions, and things are declared
to be nuisances: The erecting, maintaining, using, placing, depositing, leaving or
permitting to be or remain in or upon any private lot, building, structure or premises,
or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or
private place in the City, of any one or more of the following disordered, disturbing,
unsanitary, fly- and/or mosquito-producing, rat-harboring, disease-causing places,
conditions or things, that is to say:
Page 67 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 2
(1) The keeping or harboring of any dog or cat which by frequent or habitual
howling, yelping, or barking annoys or disturbs the comfort or repose of any person
or persons in the vicinity.
(2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink,
dogs, cats, muskrats, or any other animals within the City limits of the City that are
of such nature as to create offensive smells, noises and conditions in the vicinity in
which they are kept.
(3) Unnecessary tooting of automobile horns; unnecessarily loud playing radios
in automobiles; or radios, phonographs, televisions or other sound equipment in
other places so as to obstruct the reasonable and comfortable use of the adjoining
property within the corporation limits of the City.
(4) Any putrid, unsound, or unwholesome bones, meat, hides, skins, or the
whole or any part of any dead animal, fish, or fowl;
(5) Privies, vaults, cesspools, dumps, pits or like places which are not securely
protected from flies or rats, or which are foul or malodorous.
(6) Filthy, littered or trash-covered cellars, house yards, barnyards, stable yards,
factory yards, vacant areas in rear of stores, vacant lots, houses, buildings,
alleyways, or premises; or placing, dropping, disposing, throwing away, or
otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material,
metal, organic or inorganic material, upon property other than in receptacles or
areas as designated in Chapter 8.05 PMC.
(7) Animal manure in any quantity which is not securely protected from flies
and the elements, or which is kept or handled in violation of any ordinance of the
City.
(8) Poison oak, poison ivy, or poison sumac (whether growing or otherwise),
liquid household waste, human excreta, garbage, butchers’ trimmings and offal,
parts of fish or any waste vegetable or animal matter in any quantity; provided, that
nothing herein contained shall prevent the temporary retention of waste in
receptacles in the manner approved by the Health Officer of the City nor t he
dumping of nonputrifying waste in a place and manner approved by the Health
Officer.
(9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal
articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken
plaster, automobile bodies and/or parts, and all such trash or abandoned material,
unless the same be kept in covered bins or galvanized iron receptacles approved by
the Health Officer.
Page 68 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 3
(10) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing
cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material,
lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything
which may be a fire danger.
(11) Any unsightly building, billboard, fence, excavation, or other structure; or
any abandoned or partially destroyed building, fence, excavation or structure; or
any building, fence, excavation or structure commenced and left unfinished.
(12) All places used or maintained as junkyards, or dumping grounds, or for the
wrecking or disassembling of automobiles, trucks, tractors, or machinery of any
kind; or for the storing or leaving of worn-out, wrecked or abandoned automobiles,
trucks, tractors, or machinery of any kind; or of any of the parts thereof, or for the
storing or leaving of any machinery or equipment used by contractors or builders
or by other persons, which places are kept or maintained so as to essentially
interfere with the comfortable enjoyment of life or property by others.
(13) The act of butchering of any animal or fowl unless such act is performed
within a building or other enclosure which prohibits view or sound of such act from
other private or public property; or to bring any live animal or live fowl to any lot,
parcel or tract of land in any residential district for the purpose of slaughtering or
butchering the animal or fowl; or to engage in the act of slaughtering or butchering
any such live animal in a residential district; or to dry any meat of any animal or
fowl unless such act is performed within a building or enclosure which prohibits
the view of such act from other public or private property.
(14) The drying of any clothing, sheets, towels, or other laundry in any yard area
of any property in any residential district of the City on any structure, vegetation or
foliage, except on clotheslines specifically erected for that purpose in the rear yard
area of the property as defined in PMC 25.15.270.
(15) Lawns, shrubs, trees or other plantings that have been dead for more than
three frost-free months; and any front or rear yard areas on any lot, parcel or tract
of land in a residential district of this City that has become populated with weeds
to the extent that it subjects neighboring residential properties to weed growth.
(16) Weeds, noxious weeds, grass, and other vegetation which constitutes a fire
hazard, encroaches on sidewalks or neighboring properties, is damaging public
improvements, impairs the visibility of traffic signs or signals, and/or has reached
a height of 12 inches.
(17) The possession or storage of amounts of marijuana cannabis or marijuana
cannabis-infused products for personal use in any amount, or for medical use with
a state medical license in any amount greater than allowed by Washington State
statutes, or in amounts in violation of any provision of Washington State statutes.
Page 69 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 4
(18) The indoor production or growing of marijuana cannabis or marijuana
cannabis-infused products, in any amount without a state medical license, or with
a state medical license and in amounts greater than restrictions placed in
Washington State statutes.
(19) The indoor storage, production, growing, or any method of use of marijuana
cannabis or marijuana cannabis products, with or without a state medical license,
when any portion of such activity creates dust, glare, heat, noise, noxious gases,
odor, smoke, traffic, vibration, or other impacts, or is hazardous due to use or
storage of materials, processes, products or wastes, or when there is any evidence
that such activities are visually observable or recognizable by odor from a public
right-of-way or from any other private property, or when a reasonable person would
ascertain that such activities are taking place.
(20) The outdoor storage, production, or growing of marijuana cannabis or
marijuana cannabis products.
(21) The outdoor use of marijuana cannabis or marijuana cannabis products,
with or without a state medical license, when any portion of such activity creates
dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other
impacts, or is hazardous due to use or storage of materials, processes, products or
wastes, or when there is any evidence that such activities are visually observable or
recognizable by odor from a public right-of-way or from any other private property,
or when a reasonable person would ascertain that such activities are taking place.
[Ord. 4304, 2016; Ord. 2980 § 1, 1994; Ord. 2274 § 1, 1981; Ord. 1972 § 8, 1978;
Ord. 1806 § 1, 1976; Code 1970 § 9.60.030; Code 1954 § 10-4.12.]
Section 2. That Section 9.95.030 entitled “Definitions,” [Chronic Nuisances] of the Pasco
Municipal Code is amended to read as follows.
9.95.030 Definitions.
For purposes of this chapter, the following words and phrases shall mean:
“Abandoned property,” for purposes of defining a chronic nuisance, means real
property over which the person in charge no longer asserts control due to death,
incarceration, or any other reason, and which is either unsecured or subject to
occupation by unauthorized individuals.
“Abate” means to repair, replace, remove, destroy, or otherwise remedy a condition
which constitutes a violation of this chapter by such means and in such a manner
and to such an extent as the responsible official determines necessary in the interest
of the general health, safety and welfare of the community.
“Chronic nuisance property” means a premises, structure, or property, including
adjacent sidewalks, parking areas and common areas, on which:
Page 70 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 5
(a) Nuisance activity has occurred on three or more separate occasions
during any 60-day period, or on which four or more nuisance activities have
occurred on separate occasions during any six-month period, or on which
nuisance activity has occurred on seven or more separate occasions during
any 12-month period; or
(b) Pursuant to a valid search warrant, evidence of drug-related activity
has been identified two or more times on separate occasions within a 12-
month period; or
(c) Any property that the City can demonstrate by a preponderance of
the evidence is the cause of nuisance activities that are occurring on other
properties adjacent to or in proximity to the property itself, where such
nuisance activities occurring on such other property meet the definition of
nuisance activity as defined herein; or
(d) Any abandoned property where nuisance activity exists.
“Drug-related activity” means any activity at a property which consists of the
manufacture, delivery, sale, storage, knowing possession, use or giving away of
any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined
in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter
69.52 RCW. Possession of marijuana cannabis that is legal under Washington State
law shall not result in enforcement action under this chapter.
“Nuisance activity” shall mean any of the following activities, conduct, or behavior,
whenever engaged in by owners, managers, operators, tenants, occupants or guests
of the premises, or other persons that frequent or are associated with the premises:
(a) Violations of Court orders as provided in PMC 9.10.020 and
9.10.030.
(b) Violations of Chapter 9.15 PMC, including disorderly conduct,
failure to disperse, simple assault, malicious harassment, reckless
endangerment, and disorderly place.
(c) Violations of Chapter 9.20 PMC, personal harassment.
(d) Violations of Chapter 9.25 PMC, indecent exposure and lewd
conduct.
(e) Violations of Chapter 9.30 PMC, prostitution and related activities.
(f) Violations of Chapter 9.50 PMC, firearms and dangerous weapons.
Page 71 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 6
(g) Violations of Chapter 9.55 PMC, gambling.
(h) Violations of Chapter 9.45 PMC, offenses involving drugs, or in
violation of Chapters 69.50 and 69.43 RCW.
(i) Violations of Chapter 9.60 PMC, theft.
(j) Violations of RCW 9A.40.100 and 9A.88.060, human trafficking.
(k) Violations of PMC 6.05.330 and 6.05.340, dangerous or potentially
dangerous animals.
(l) Violations of Chapter 9.85 PMC, criminal mischief.
(m) Execution of criminal arrest warrants, search warrants or criminal
arrests on the property.
(n) Violations of Chapter 9.94A RCW, criminal street gang related
offenses.
(o) Violations of RCW 59.18.030, gang-related activity.
(p) Possession of stolen vehicle, RCW 9A.56.068.
(q) Any civil code violation as defined by state law or local ordinance
occurring on the property, including, but not limited to, the following
activities, conditions or behaviors:
(i) Fire hazard due to vegetation and/or debris, PMC 9.90.040.
Fire code violations which endanger the public as identified by the
responsible official, Chapter 16.65 PMC.
(ii) An abandoned or vacant building, structure, or part thereof
not securely closed to unlawful entry, PMC 9.90.050.
(iii) Failure to meet minimum habitability standards, as set forth
in Chapter 3 of the IPMC, in an occupied dwelling unit and other
habitable spaces offered for let, lease, or rent.
“Person in charge” means any person or entity in actual or constructive possession
of the property, including but not limited to an owner as determined by the records
of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with
the express or implied control of the property.
“Property,” for the purposes of this chapter, means real property, unless the context
indicates otherwise.
Page 72 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 7
“Responsible official” means the Chief of Police or Director of Community and
Economic Development, or any applicable department director as defined by PMC
1.40.030, or their respective designees.
“Violation” means a criminal conviction, civil judgment, issuance of a civil penalty,
issuance of a notice of violation, or any act or conduct which the City can establish
by a preponderance of the evidence exists or has occurred regardless of whether
such act resulted in a criminal charge or civil penalty. [Ord. 4532 § 2, 2021; Ord.
4357, 2017; Ord. 4289 § 1, 2016; Code 1970 § 9.63.020. Formerly 9.95.020.]
Section 3. Section 25.10.020 entitled “Conflicting provisions” of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows.
25.10.020 Conflicting provisions.
(1) Where this title imposes a greater restriction upon land, buildings, or
structures than is imposed or required by other rules, regulations, standards,
policies, ordinances, contracts, covenants public or private, deeds, or statutes
lawfully adopted by the City of Pasco, the provisions of this title shall govern and
take precedence. In the case of conflicts between the text, maps and tables of this
title, the text shall govern unless otherwise stated.
(2) MarijuanaCannabis-related land uses such as marijuana cannabis
production, processing, retail sales and/or collective gardens or dispensaries
cooperatives as may otherwise be allowed by state law are expressly prohibited
from locating or operating in any zone within the City of Pasco. [Ord. 4166 § 1,
2014; Ord. 4110 § 4, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.08.020.]
Section 4. That a new Section 25.10.025 entitled “Cannabis retail facilities” of the Pasco
Municipal Code shall be and hereby is created and shall read as follows.
25.10.025 Cannabis retail facilities.
Cannabis retail facilities as defined in Section 25.15.050C of this code may be
allowed when licensed by the city and in accordance with state law in those zoning
districts identified in this title, subject to the following:
(1) Notwithstanding the number of zoning districts identifying cannabis retail
facilities as permitted uses, the total number of cannabis retail facilities allowed in
the city shall not exceed three (3) in total for the whole city, or not exceed four (4)
in total for the whole city if one of the cannabis retail facilities located within the
city is licensed by the State of Washington as a social equity licensee.
Page 73 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 8
(2) Except as provided in Section 3 below, a cannabis retail facility may not be
located within one thousand feet of the perimeter of the grounds of any of the
following entities/uses:
(a) elementary or secondary school;
(b) playground;
(c) recreational center or facility;
(d) child care center;
(e) public park;
(f) public transit center;
(g) library; or
(h) any game arcade where admission is not restricted to persons age
twenty-one or older.
For purposes of these standards, these uses are defined in WAC 314-55, as
amended.
(3) As provided in RCW 69.50.331 and WAC 314-55-050, the City finds that
the reduction in buffers for recreation centers or facilities, child care centers, public
parks, public transit centers, libraries, and game arcades where admission is not
restricted to person’s age 21 or older, will not negatively impact the City’s civil
regulatory enforcement, criminal law enforcement interests, public safety, or public
health. Therefore, the City establishes the following buffers for cannabis retailers
for legal conforming lots bound by North 5th Avenue, West Clark Street, North 2nd
Avenue, and West Columbia Street, as stated below:
(a) recreation center or facility – one hundred (100) feet;
(b) child care center – one hundred (100) feet;
(c) public park – one hundred (100) feet;
(d) public transit center - one hundred (100) feet;
(e) library - one hundred (100) feet;
(f) any game arcade where admission is not restricted to persons age 21
or older – one hundred (100) feet.
Page 74 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 9
For purposes of these standards, these uses are defined in WAC 314-55, as
amended.
(4) The owner or operator of a cannabis retail facility shall have the
responsibility to demonstrate that said facility is in compliance with the distance
requirements of this Section at the time of the approvals of its applications to the
Washington State Liquor and Cannabis Board and the City for its initial license.
(5) Measurement.
(a) The measurement of the separation distance in subsections (2) and
(3) above shall be measured as the shortest straight-line distance from the
property line of the applicable cannabis retail facility to the property line of
the entities/uses listed in subsections (2) and (3).
(b) The owner, tenant or operator of a protected use specified in
subsections (2) and (3) above shall not benefit from the separation
requirements of this Section if the owner, tenant or operator subsequently
chooses to locate within the required separation distance from a lawfully
located cannabis retail facility.
Section 5. That Section 25.15.050C entitled “Definitions” of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
25.15.050C Definitions.
“Camp/travel trailer/fifth wheel” means a structure designed to provide temporary
living quarters for recreational camping or travel use, constructed with integral
wheels to make it mobile and/or towable by motor vehicle.
“Camper (pickup)” means a structure designed to be mounted on a pickup or truck
chassis and with sufficient equipment to render it suitable for use as a temporary
dwelling for recreational use, camping or vacation use.
“Cannabis processor facility” or “cannabis processor facilities” shall mean any
business, whether licensed by the Washington State Liquor and Cannabis Board or
not, that processes, packages, markets and/or conducts wholesale sales of cannabis.
“Cannabis producer facility” or “cannabis producer facilities” shall mean any
business, whether licensed by the Washington State Liquor and Cannabis Board or
not, that cultivates, harvests and/or conducts wholesale sales of cannabis.
“Cannabis retail facility” or “cannabis retail facilities" shall mean a business or
businesses holding an active license issued by the Washington State Liquor and
Cannabis Board permitting it to conduct retail sales of cannabis pursuant to RCW
Page 75 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 10
69.50.301 et seq. and WAC 314-55, as such provisions may be amended from time
to time, and which license has not been suspended or revoked by the Washington
State Liquor and Cannabis Board.
“Club, membership” means an organization catering exclusively to members and
their guests in premises and buildings for recreation and athletic purposes.
“Communication tower” means a freestanding or building-mounted structure,
including appurtenances and antenna, intended for airway communication
purposes, such as a television antenna or ham radio tower. This definition does not
include wireless communications towers defined under PMC 25.15.250.
“Community kitchen” means a facility that offers or provides meals and food to the
homeless and needy as its primary activity.
“Community service facilities” of the level one category include, but are not limited
to, day-care centers, nursery schools, hospitals, sanitariums, nonprofit community
health clinics, governmental and quasi-governmental activities, and related uses
which provide similar services for citizens; except any such use which limits the
activity solely to organizational or administrative office functions, whereby the
actual community service is provided elsewhere, shall be excluded from this
definition.
“Community service facilities” of the level two category include, but are not limited
to, drug abuse and alcoholic treatment centers, halfway houses, charitable
organizations, nonprofit service groups, juvenile care and treatment centers, crisis
residential centers, correctional work release facilities, correctional institutions,
juvenile delinquency homes and facilities, any and all facilities for incarceration or
detainment, temporary shelters, emergency housing facilities, community service
housing, missions, community kitchens, food banks, and other similar uses which
provide social, health and welfare service for citizens; except any such use which
limits the activity solely to organizational or administrative office functions,
whereby the actual community service is provided elsewhere, shall be excluded
from this definition.
“Community service housing” means a facility that principally offers or provides
subsidized housing on a daily, weekly or monthly basis and provides one or more
of the additional following services at a cost, if any, subsidized by charitable or
government agencies, including: (a) meals and food; (b) child or adult day-care
services; (c) employment, substance abuse or behavior counseling; and (d) medical,
dental or mental health services; regardless of whether such community social and
health welfare services are provided on premises or off the premises for the benefit
of such residents.
“Consignment store” means a retail establishment having up to but no more than
50 percent of its stock-in-trade in secondhand personal property as the term is
Page 76 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 11
defined in PMC25.15.210, offered for sale on behalf of others in return for a
commission, typically a percentage of the sales price. [Ord. 4110 § 5, 2013; Ord.
4066 § 1, 2012; Ord. 3642 § 1, 2003; Ord. 3514 §§ 3 – 5, 2001; Ord. 3354 § 2,
1999; Code 1970 §§ 25.12.135 – 25.12.157.]
Section 6. That Section 25.85.020 entitled “Permitted uses” [C-1 Retail Business District]
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.85.020 Permitted uses.
The following uses shall be permitted in the C-1 district:
(1) All uses permitted in the O office district;
(2) Automobile detail shops and automobile rental or leasing;
(3) Banks;
(4) Dancing schools;
(5) Hotels and motels;
(6) Printing shops;
(7) Restaurants;
(8) Stores and shops for the conduct of retail business;
(9) Stores and shops for repair and similar services such as:
(a) Bakeries, retail for distribution from the premises;
(b) Barbershops and beauty shops;
(c) Catering establishments;
(d) Garage and filling stations, provided:
(i) All outdoor repair work is “minor” as defined by PMC
25.15.150; and
(ii) The garage or filling station conducting outdoor repair work
was in existence and conducting outdoor auto repair prior to
September 1, 2013; and
Page 77 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 12
(iii) The number of vehicles undergoing outdoor repair does not
exceed the capacity of the existing outdoor repair facilities, or no
more than two vehicles if there are no existing outdoor repair
facilities; and
(iv) The number of vehicles stored outdoors and awaiting
customer pick-up cannot exceed the capacity of the indoor and
outdoor auto repair facilities; and further provided, that all vehicles
must be kept on the business premises; and
(v) Pumps, lubrication or other devices are located at least 15
feet from any street property line; and
(vi) All stored automobile parts and dismantled or inoperable
automobiles are contained within the building, except material on
outdoor display racks.
(e) Laundromats and dry-cleaning establishments employing not more
than five persons;
(f) Locksmith shops;
(g) Offices;
(h) Membership clubs;
(i) Photo shops;
(j) Shoe repair shops;
(k) Upholstery shops.
(10) Sign shops, commercial (no outdoor storage of materials);
(11) Theaters;
(12) Veterinarian clinics for household pets (no boarding or outdoor treatment
facilities);
(13) Parking lots within 500 feet of a C-2 district boundary, provided such lots
are paved and half of the required landscape is live vegetation; and provided further,
that any such property adjacent to a residential zoned parcel shall provide a sight-
obscuring fence along the common lot line(s) in accordance with residential fence
height requirements; and
Page 78 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 13
(14) Car washes provided they are located more than 300 feet from a residential
district.
(15) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4197 § 1, 2014; Ord. 4121 § 2, 2013;
Ord. 4110 § 18, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.42.020.]
Section 7. That Section 25.90.020 entitled “Permitted uses” [C-2 Central Business
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follow:
25.90.020 Permitted uses.
The following uses shall be permitted in the C-2 district:
(1) Amusement game centers;
(2) Antique stores as defined by PMC 25.15.030;
(3) Artist and office supplies;
(4) Bakeries;
(5) Banks and financial institutions;
(6) Barber and beauty shops;
(7) Billiard and pool halls;
(8) Bookstores, except adult bookstores;
(9) Card rooms, bingo parlors, dance halls, nightclubs and similar places;
(10) Clothing, shoes and accessories, and costume rentals;
(11) Consignment stores (PMC 25.165.160) and thrift shops (PMC 25.165.170);
(12) Crafts, stationery and gift shops;
(13) Department and drug stores;
(14) Electronic sales and repair stores;
(15) Fresh and frozen meats, including seafood;
(16) Florists;
Page 79 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 14
(17) Furniture and home appliance stores;
(18) Galleries for art and restored or refinished antiques;
(19) Grocery stores with less than 10,500 square feet of gross floor area;
(20) Hardware and home improvement stores;
(21) Import shops;
(22) Jewelry and gem shops, including custom work;
(23) Offices for medical and professional services;
(24) Massage businesses;
(25) Membership clubs;
(26) Restaurants, sandwich shops, cafeterias and delicatessens;
(27) Sporting goods;
(28) Tailoring and seamstress shops;
(29) Tattoo shops or businesses;
(30) Taverns and bars;
(31) Theaters for movies and performances, except adult theaters;
(32) Public markets for fresh produce and craft work;
(33) Parking lots;
(34) Micro-breweries, micro-wineries and tasting rooms;
(35) Research, development and assembly facilities for component devices and
equipment of an electrical, electronic or electromagnetic nature;
(36) Home brewing and/or winemaking equipment sales; and
(37) Dwelling units, provided the units are within the principal building, are all
above the ground floor of said building, the ground floor of said building is
designed or intended to be used for a use permitted in this section, and there is at
least one dedicated and off-street parking space for each unit; and
Page 80 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 15
(38) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4556 § 1, 2021; Ord. 4356 § 2, 2017;
Ord. 3354 § 2, 1999; Code 1970 § 25.44.020.]
Section 8. That Section 25.100.020 entitled “Permitted uses” [C-3 General Business
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.100.020 Permitted uses.
The following uses shall be permitted in the C-3 district:
(1) All uses permitted in the C-1/C-2 districts;
(2) Service stations;
(3) Laundry;
(4) Trucking, express and storage yards;
(5) Wholesale business;
(6) Heavy machinery sales and service;
(7) Warehouse;
(8) Landscape gardening and storage area for equipment and materials;
(9) Automobile sales and service;
(10) Mobile home and trailer sales and service;
(11) Lumber sales business;
(12) Veterinarian clinics for household pets (including indoor boarding
facilities); and
(13) Parking lots within 500 feet of a C-2 district boundary, provided such lots
are paved and the development complies with the landscape and fencing
requirements of the C-1 district, as enumerated in PMC 25.85.020(13);
(14) Contractor’s plant or storage yard, provided such plant or yard is more than
300 feet from a residential district; and
Page 81 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 16
(15) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4110 § 20, 2013; Ord. 4011 § 1, 2011;
Ord. 3354 § 2, 1999; Code 1970 § 25.46.020.]
Section 9. That Section 25.115.020 entitled “Permitted uses” [I-1 Light Industrial District]
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.115.020 Permitted uses.
Uses permitted in the I-1 district shall be:
(1) All uses permitted in the C-3 district;
(2) Building material storage yard;
(3) Trucking, express and storage yards;
(4) Contractor’s plant or storage yards;
(5) Laboratories, experimental;
(76) Automotive assembly and repair;
(87) Kennels;
(98) Creamery, bottling, ice manufacture and cold storage plant;
(109) Blacksmith, welding or other metal shops, excluding punch presses over 20
tons rated capacity, drop hammers, and the like;
(1110) The manufacturing, compounding, processing, packaging of cosmetics,
pharmacology and food products, except fish and meat products, and the reducing
and refining of fats and oils;
(1211) Printing plant; and
(1312) Parking lots within 500 feet of a C-2 district boundary, provided such lots
are paved and the development complies with the landscape and fencing
requirements of the C-1 district, as enumerated in PMC 25.85.020(13); and
(13) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 4110 § 23, 2013; Ord. 3354 § 2, 1999;
Code 1970 § 25.52.020.]
Section 10. That Section 25.120.020 entitled “Permitted uses” [I-2 Medium Industrial
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Page 82 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 17
25.120.020 Permitted uses.
Uses permitted in the I-2 district shall be:
(1) All uses not otherwise prohibited by law, but no residential buildings shall
be permitted; and
(2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag
storage, sorting or bailing shall be permitted, provided:
(a) An eight-foot, sight-obscuring fence must be constructed and
inspected prior to the issuance of a certificate of occupancy for use of the
goods. The fence shall be of solid single neutral color.
(b) No automobile or parts thereof, junk or salvage materials or parts
thereof shall be visible from any public right-of-way. All materials or parts
shall be located within the fenced area.
(c) Fire lanes shall be provided as required in the International Fire
Code.
(d) A performance bond for $1,000 shall be required prior to the
issuance of an occupancy permit, to ensure compliance with provisions of
this section. The bond shall remain in force as long as the use exists.
(e) The permit shall be granted for a period not to exceed two years, and
at the end of such period an inspection shall be made of the premises to
determine the advisability of renewing such permit.
(3) Cannabis retail facilities as defined in Section 25.15.050C PMC and
pursuant to Section 25.10.025 PMC. [Ord. 3354 § 2, 1999; Code 1970 § 25.54.020.]
Section 11. That Section 25.125.020 entitled “Permitted uses” [I-3 Heavy Industrial
District] of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.125.020 Permitted uses.
The following shall be permitted in the I-3 zone:
(1) All uses not otherwise prohibited by law, except those listed in PMC
25.125.030.
(2) Cannabis retail facilities as defined in section 25.15.050C PMC and
pursuant to section 25.10.025 PMC. [Ord. 3354 § 2, 1999; Code 1970 § 25.56.020.]
Page 83 of 249
Ordinance Amending Title 25
Related to Retail Sales of Cannabis - 18
Section 12. Severability. If any one or more section, subsection, or sentence of this
Ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this Ordinance and the same shall remain in full force and effect.
Section 13 Savings. The existing Chapter 9.106 of the Pasco Municipal Code, which is
repealed and replaced by this Ordinance, shall remain in full force and effect until the effective
date of this Ordinance.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney,
the city clerk and the code reviser are authorized to make necessary corrections to this Ordinance,
including the correction of scrivener’s errors, drafting errors, clerical errors; Ordinance, section, or
subsection numbering; or references to other local, state, or federal laws, codes, rules, or
regulations.
Section 15. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of
________________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 84 of 249
Item:CodeAmendment—RetailSaleofCannabis"ExhibitA"Applicant(s):City0fPascoPage 85 of 249
Item:CodeAmendment-RetailSaleofCaimabis"ExhibitA"App1icant(s):CityofPascoFile#'A023—00APage 86 of 249
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FeetPage 88 of 249
AGENDA REPORT
FOR: City Council May 31, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Jacob Gonzalez, Interim Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4671 - Lewis Place, LLC for Jefferson Landing Rezone
R-1-A to R-4 (Z 2022-013)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: 12 April 2023
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the amending 4671, No. adopt to move I Ordinance
classification of certain real property located along Heritage Boulevard between
East Lewis Street and East “A” Street, Pasco, Franklin County, Washington, from
R-1-A to R-4, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On April 12, 2023, the the Hearing Examiner held a public hearing to consider a
request to rezone property located along Heritage Boulevard between East
Lewis Street and East “A” Street in Pasco, Washington from R-1-A (Low Density
Residential Alternate) to R-4 (High-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
Page 89 of 249
V. DISCUSSION:
Applicant is seeking to rezone the property located along Heritage Boulevard
between East Lewis Street and East “A” Street in Pasco, Washington from R-1-
A (Low Density Residential Alternate) to R-4 (High-Density Residential)
consistent with the Comprehensive Plan designation for the property. The site
comprises approximately 2.25 acres (98,010 square feet) and is undeveloped.
The Comprehensive Plan Land Use Map designates the area "Mixed
designatResidential/Commercial" The Residential/Commercial." "Mixed ion
allows for a combination of mixed-use residential and commercial in the same
development, Single-family dwellings, patio homes, townhouses, apartments
and condominiums at a density of 5 to 29 dwelling units per acre, and
neighborhood shopping and specialty centers, business parks, service and office
uses. Allowable zoning for the "Mixed Residential/Commercial" land use
designation includes the R-1 through R-4, C-1 and 0, and Waterfront zones (now
formally known as the Mixed-Use Zoning District).
The site was annexed into the City in 1994 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance No. 3033). The
site was rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning
in 2004 (Ordinance No. 3682).
The property is considered "infill" property as development has occurred around
it. A rezone of this parcel from R-1-A to R-4 would provide the applicant with a
variety of options to develop the property to its highest and best use. Under the
current R-1-A classification, the property will be left underutilized.
At the time of a development application and prior to eventual development
approval, evaluation will be necessary to determine the appropriate mitigation
measures based on the results of the environmental review. Elements of the
environmental review pertinent to the eventual development associated with the
rezone may or will include an evaluation due to the proximity of historical heavy
commercial and/or industrial sites within the general proximit y (east) of the site,
and the results of a traffic impact analysis, particularly due to the increasing
freight travel along nearby facilities.
Staff recommends Council taking action on this quasi-judicial matter and
adoption of the proposed ordinance.
Page 90 of 249
Ordinance - Rezone Z 2022-013 – Jefferson Landing - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG HERITAGE BOULEVARD BETWEEN EAST
LEWIS STREET AND EAST “A” STREET, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM R-1-A TO R-4.
WHEREAS, Lewis Place LLC, Petitioner, seeks to rezone Parcel No. 113900092 Pasco,
Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City
and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted
by the Pasco Hearing Examiner upon such petition on April 12, 2023; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit
A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Page 91 of 249
Ordinance - Rezone Z 2022-013 – Jefferson Landing - 2
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
R-1-A (Low Density Residential Alternate) to R-4 (High-Density Residential) for the real property
as shown in the Exhibit B attached hereto and described as follows:
That portion of the Southeast ¼ of the Northwest ¼ of the Southeast ¼ of Section
28, Township 9 North, Range 30 East, WM., records of Franklin County,
Washington, lying easterly of Billings Street Right-of-Way, conveyed to the city of
Pasco by Recording No. 1697960.
Comprising approximately 2.25 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or word of this Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 4. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
___________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 92 of 249
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF )
)
)
) )
)
RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION Z 2022-013
Lewis Place, LLC
THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on April
12, 2023, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I.RECOMMENDED FINDINGS OF FACT
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: SE4NW4SE4 28-9-30 LOCATED ELY OF BILLING ST R/W PER
DEDICATION DEED #1697960.
1.2 General Location: Said property located on the east side of Heritage Boulevard between E Lewis Street and E Helena Street Pasco, Franklin County, WA. (Parcel
113900092).
1.3 Property Size: Approximately 2.25 acres.
1.4 Access: Lewis Place, LLC, 3130 Varney Lane, Suite 102, Pasco WA 99301.
1.5 Request: Rezone Parcel 113900092 from "R-1-A" (Low Density Residential) to "R-
4" (High Density Residential).
2.ACCESS: The parcel will have access from Heritage Boulevard.
3.UTILITIES: Municipal water and sewer are available in E. Lewis Street and E. Helena
Street.
4.LAND USE AND ZONING: The lot is zoned "R-1-A" (Low Density Residential) and is
undeveloped. Surrounding properties are zoned and developed as follows:
Nor th: R-2 SFDUs
East: C-3 Car Storage lot
South: R-T Vacant West: R-1-a SFDUs
5.COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates the area
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for a combination of mixed-use residential and commercial in the same development, Single
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and 0, and Waterfront zones.
Z 2022 013
Jefferson Landing
Page 1 of 5
Page 93 of 249
6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist (SEPA 2022-084), the adopted City Comprehensive
Plan, City development regulations, and other information, a threshold determination
resulting in a Determination of Non-Significance (DNS) was issued for this project on 15
March 2022 under WAC 197-11-340(2).
7.REQUEST: Lewis Place LLC, has submitted a rezone application (Z 2022-013) from "R-1-
A" (Low Density Residential) to R-4 (High Density Residential), for the East½ of the
Northwest¼ of the Southeast¼ of the Southeast¼ of Section 28, Township 9 North, Range30 East (Parcel 113900092) in Pasco, WA.
8.SITE: The site comprises approximately 2.25 acres (98,010 square feet) and is undeveloped.
"Mixed Residential/Commercial;" the "Mixed Residential/Commercial" designation allows
for a combination of mixed-use residential and commercial in the same development, Single
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, and neighborhood shopping and specialty centers, business
parks, service and office uses. Allowable zoning for the "Mixed Residential/Commercial"
land use designation includes the R-1 through R-4, C-1 and O, and Waterfront zones.
9.HISTORY: The site was annexed into the City in 1994 and assigned RT (Residential
Transition) zoning in conjunction with the annexation (Ordinance 3033). The site was
rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance
3682)
10.REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
IO. I The date the existing zone became effective:
10.1.1 The site was rezoned RFAH-1, which is now R-1-A (Low Density
Residential) zoning in 2004 (Ordinance 3682).
10.2 The changed conditions, which are alleged to warrant other or additional zoning:
10.2.1 For many years it was difficult to encourage residential development in the eastern portions of the community. With beneficial changes such as new
schools and improvements to the parks over the years, new development is
occurring in East Pasco. New single-family homes were built across the
street to the west starting in 2017. The property is considered "infill"
property as development has occurred around it.
10.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
10.3.1 A rezone of this parcel from R-1-A to R-4 is logical because it is located in
an area that is already developed with both low-density residential and
commercial uses. Development of the site with residential and uses could
improve the overall look of the neighborhood.
10 .4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
Z 2022 013
Jefferson Landing
Page 2 of 5
Page 94 of 249
10 .4 .1 The proposed rezone would align with the intent of the Comprehensive Plan.
If the property retains the current R-1 A zoning designation the land would
likely remain undeveloped.
10.5 The effect on the property owner or owners if the request is not granted:
10. 5 .1 The likely scenario is that the property would remain underdeveloped.
10.6 The Comprehensive Plan land use designation for the property
10.6.1 The Land Use Element of the Plan now designates the lot "Mixed
Residential/Commercial." The "Mixed Residential/Commercial" designation
allows for R-1 through R-4, C-1 and 0, and Waterfront zoning and may be
developed with Mixed-use residential and commercial uses.
10.7 Such other information as the Hearing Examiner requires.
10. 7 .1 The rezone application is consistent with and meets the intent of theComprehensive Plan, and City Council. Right of Way dedication and ROW
Improvements will be required at the time of development. As well, a traffic
impact analysis will likely need to be completed for this development to
understand the impacts the development may have on the existing City infrastructure.
11.Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on March 17, 2023.
12.An open record public hearing after due legal notice was held April 12, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
13.Appearing and testifying at the hearing was Stephen Bauman. Mr. Bauman testified that he
was an agent authorized to appear on behalf of the Applicant/property owner. He agreed with
all representations in the staff report.
14.No member of the public appeared at the hearing.
15.The staff report, application materials, agency comments and the entire file of record wereadmitted into the record.
16.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
11.RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1.The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and 0, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
1.2 The proposal also aligns with the following Comprehensive Plan Goals and Policies:
1.3 Goal LU-1: take deliberate, consistent, and continuous actions to improve the
community's quality of life.
Z 2022 013
Jefferson Landing
Page 3 of 5
Page 95 of 249
1.5 Goal LU-2: plan for a variety of compatible land uses within the VGA.
1.6 Policy LU-2-A: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open-space uses proximate to
appropriate transportation and utility infrastructure.
1.7 Policy LU-2-B: Facilitate planned growth within the City limits and UGA and
promote infill developments in the City limits through periodic review of growth
patterns and market demand within each of the City's land use designations.
1.8 Policy LU-6-A: Encourage commercial and higher-density residential uses along
major corridors and leverage infrastructure availability.
2.The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The application for rezone is consistent with the Comprehensive Plan Land Use
Element. Surrounding uses include low-density residential to the north, commercial to the east, medium-density residential to the south, and medium-density residential
to the west.
3.There is merit and value in the proposal for the community as a whole.
3 .1 The proposed rezone application is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council
(Ordinance 4537)
3 .2 The Comprehensive Plan has recently been updated for the area and now designates
the lot "Mixed Residential/Commercial." 3.3 The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1
and 0, and Waterfront zoning and may be developed with Mixed-use residential and
commercial uses.
4.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards.
5.A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5 .1 If or when applicants pursue the development of this property, they will be required to conform to subdivision and design standards established by the PMC. No
Concomitant Agreement is considered necessary for this application. Mitigation
measures will be identified at the project/permit level.
6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III.RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL, that Parcel 113900092 located on the east side of Heritage
Boulevard between E Lewis Street and E Helena Pasco, Franklin County, WA be rezoned from R-1-
A (Low Density Residential) to R-4 (High Density Residential).
Z 2022 013
Jefferson Landing
Page 4 of5
Page 96 of 249
, •• f
Dated this _lX_ day of April, 2023.
CITY OF PASCO HEARING EXAMINER
An/£1:i.lf=-:J
Z 2022 013
Jefferson Landing
Page 5 of 5
Page 97 of 249
Item:Rezone -Jefferson Landing -R-1-A to R-4
"Exhibit B"Applicant(s):Lewis Place LLC
File #:Z 2022-013
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 12 April 2023
6:00 PM
1
MASTER FILE #: Z 2022-013
APPLICANT: Lewis Place, LLC
3130 Varney Lane, Suite 102
Pasco WA 99301
REQUEST: REZONE: Rezone Parcel 113900092 from “R-1-A” (Low Density
Residential) to “R-4” (High Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SE4NW4SE4 28-9-30 LOCATED ELY OF BILLING ST R/W PER DEDICATION DEED #1697960
General Location: Said property located on the east side of Heritage Boulevard between E Lewis
Street and E Helena Street Pasco, Franklin County, WA. (Parcel 113900092)
Property Size: Approximately 2.25 acres
2. ACCESS: The parcel will have access from Heritage Boulevard.
3. UTILITIES: Municipal water and sewer are available in E Lewis Street and E Helena Street.
4. LAND USE AND ZONING: The lot is zoned “R-1-A” (Low Density Residential) and is undeveloped.
Surrounding properties are zoned and developed as follows:
NORTH: R-2 SFDUs
EAST: C-3 Car Storage lot
SOUTH: R-T Vacant
WEST: R-1-A SFDUs
5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area “Mixed
Residential/Commercial;” the “Mixed Residential/Commercial” designation allows for a
combination of mixed-use residential and commercial in the same development, Single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, and neighborhood shopping and specialty centers, business parks, service
and office uses. Allowable zoning for the “Mixed Residential/Commercial” land use designation
includes the R-1 through R-4, C-1 and O, and Waterfront zones.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist (SEPA 2022-084), the adopted City Comprehensive Plan, City development
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) was issued for this project on 15 March 2022 under WAC 197-11-340(2).
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2
ANALYSIS
Request
Lewis Place LLC, has submitted a rezone application (Z 2022-013) from “R-1-A” (Low Density Residential)
to R-4 (High Density Residential), for the East ½ of the Northwest ¼ of the Southeast ¼ of the Southeast ¼
of Section 28, Township 9 North, Range 30 East (Parcel 113900092) in Pasco, WA.
Site
The site comprises approximately 2.25 acres (98,010 square feet) and is undeveloped
“Mixed Residential/Commercial;” the “Mixed Residential/Commercial” designation allows for a
combination of mixed-use residential and commercial in the same development, Single-family dwellings,
patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre,
and neighborhood shopping and specialty centers, business parks, service and office uses. Allowable
zoning for the “Mixed Residential/Commercial” land use designation includes the R-1 through R-4, C-1
and O, and Waterfront zones.
History
The site was annexed into the City in 1994 and assigned RT (Residential Transition) zoning in conjunction
with the annexation (Ordinance 3033). The site was rezoned RFAH-1, which is now R-1-A (Low Density
Residential) zoning in 2004 (Ordinance 3682)
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004 (Ordinance
3682)
2. The changed conditions, which are alleged to warrant other or additional zoning:
For many years it was difficult to encourage residential development in the eastern portions of the
community. With beneficial changes such as new schools and improvements to the parks over the years,
new development is occurring in East Pasco. New single-family homes were built across the street to the
west starting in 2017. The property is considered “infill” property as development has occurred around it.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
A rezone of this parcel from R-1-A to R-4 is logical because it is located in an area that is already developed
with both low-density residential and commercial uses. Development of the site with residential and uses
could improve the overall look of the neighborhood.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
The proposed rezone would align with the intent of the Comprehensive Plan. If the property retains the
current R-1 A zoning designation the land would likely remain undeveloped.
5. The effect on the property owner or owners if the request is not granted:
The likely scenario is that the property would remain underdeveloped; the property could be developed
with office uses.
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3
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Plan now designates the lot “Mixed Residential/Commercial.” The “Mixed
Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and Waterfront zoning and
may be developed with Mixed-use residential and commercial uses.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City
Council.
Right of Way dedication and ROW Improvements will be required at the time of development. As well, a
traffic impact analysis will likely need to be completed for this development to understand the impacts
the development may have on the existing City infrastructure.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on March 17, 2023.
2. Applicant wishes to rezone parcel 113900092 “R-1-A” to R-4.
3. The site comprises approximately 2.25 acres (98,010 square feet)
4. The site is undeveloped.
5. The Comprehensive Plan designates the lot “Mixed Residential/Commercial.”
6. The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and
Waterfront zoning.
7. The “Mixed Residential/Commercial” designation may be developed with Mixed-use residential
and commercial uses.
8. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designated area.
9. The site was annexed into the City in 1994 (Ordinance 3033)
10. The site was assigned RT (Residential Transition) zoning in conjunction with the annexation
(Ordinance 3033).
11. The site was rezoned RFAH-1, which is now R-1-A (Low Density Residential) zoning in 2004
(Ordinance 3682).
12. The property is considered “infill” property as development has occurred around it.
13. No rights-of-way have been dedicated adjacent to the site.
14. Rights-of-way would need to be dedicated in conjunction with any future development.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and Waterfront
zoning and may be developed with Mixed-use residential and commercial uses.
Page 101 of 249
4
Goal LU-1: take deliberate, consistent, and continuous actions to improve the community’s quality of life.
Goal LU-2: plan for a variety of compatible land uses within the UGA.
Policy LU-2-A: Maintain sufficient land designated to accommodate residential, commercial, industrial,
educational, public facility, and open-space uses proximate to appropriate transportation and utility
infrastructure.
Policy LU-2-B: Facilitate planned growth within the City limits and UGA and promote infill developments in
the City limits through periodic review of growth patterns and market demand within each of the City’s
land use designations.
Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and
leverage infrastructure availability.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The application for rezone is consistent with the Comprehensive Plan Land Use Element. Surrounding uses
include low-density residential to the north, commercial to the east, medium-density residential to the
south , and medium-density residential to the west.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the lot “Mixed
Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R-1 through R-4, C-1 and O, and Waterfront
zoning and may be developed with Mixed-use residential and commercial uses.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application. Mitigation measures will be identified at the project/permit level.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein that Parcel 113900092 located
on the east side of Heritage Boulevard between E Lewis Street and E Helena Pasco, Franklin County, WA
be rezoned from R-1-A (Low Density Residential) to R-4 (High Density Residential).
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Looking North
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Looking East
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Looking South
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Looking West
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Affidavit of Mailing
In regards to MF# 22022-013
I, Carmen Patrick, hereby confirm that notification was sent by mail March 17, 2023 to the owners of the
parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Pub lic Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 17th day, March of 2023 .
~lCU
Representative's Signature
Page 112 of 249
Community Development Department
PO Bo x 293 , 525 N 3 rd Ave , Pa s co , WA 99301
P: 509 .545 .3441 / F: 509 .545 .3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo
Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
A public hearing with the Hearing Examiner will be held on April 12, 2023 @ 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington .
Proposal: Lewis Place LLC has submitted a rezone application (Z 2022-013) R-1 (Low Density Residential) to R-4 (High
Density Residential), in Section 28, Township 9, Range 30 located along Heritage Boulevard between E Lewis Street and
East Helena Street (Parcel # 113900092) in Pasco, Washington. The proposal is subject to regulations contained in the
Pasco Municipal Code.
Item: Rezone R-1-A to R-4 -Jefferson Landing
Applicant(s): Lewis Place LLC
File #: Z 2022-0 I 3
Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00
p.m. on April 12, 2022 to be included in the Hearing Examiner packet . Testimony of written material may also be submitted
at the public hearing. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail
to: planning@pasco -wa.gov .
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following
registration link:
www.pasco-wa .gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within
ten (10) business days of the public hearing.
The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individua l with a disability shall be
excluded or denied the benefit of participating in such meetings . If you w ish to use auxiliary aids or require ass istance to comment
at this public meet ing , please contact the Community Development Department at (509 ) 545-344 1 or TDD (509 ) 585-4425 at least
ten days prior to the date of the meeting to ma ke arr angements for special needs .
Page 113 of 249
NAME ADDRESS CITY STATE ZIP ENRIQUE & ELODIA MONTOYA 2500 E LEWIS ST PASCO WA 99301 MENDOZA INVESTMENT PROPERTIES 4114 FINNHORSE LN PASCO WA 99301 RAMON VERA (ETUX) 2003 ROAD 80 PASCO WA 99301 BEULAH HENRY 207 S 8TH AVE APT 6 YAKIMA WA 98902 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH ST STE 1900 PORTLAND OR 97232 RALPH E & CHERYL BROET JE 716 W SUNSET DR BURBANK WA 99323 RICHARD B & JOAN L (TRUSTEES) 1199 BLUE LAKE WAY CONCORD CA 94521 US CONNECTIONS LLC 4003 TUSAYAN DR PASCO WA 99301 JOSE LUIS ZUNIGA GONZALEZ (ETU 2715 E HELENA ST PASCO WA 99301 MARTIN & SYLVIA HINOJOSA (ETAL 2711 E HELENA ST PASCO WA 99301 ABIGAIL SILVA 2707 E HELENA ST PASCO WA 99301 LESTER O WEST 2400 E LEWIS ST PASCO WA 99301 LEWIS PLACE LLC 2715 SAINT ANDREWS LOOP STE A PASCO WA 99301 JOSE MORALES (ET AL) 2009 N ROAD 34 PASCO WA 99301 ABEL & ALICIA VERA DE SALAZAR 13069 FALLINGOAK DR RANCHO CUCAMONGA CA 91739 CRISTHIAN & MARISOL SOLORZANO 2702 BLAINE CT PASCO WA 99301 MICHAEL BOWLES 2706 BLAIN CT PASCO WA 99301 JASON RUSSELL 2710 BLAINE CT PASCO WA 99301 JESUS GARCIA CHAVEZ (ETAL) 2714 BLAINE CT PASCO WA 99301 ASUSENA DENIZ (ETAL) 2713 BLAINE CT PASCO WA 99301 DANIEL GARCIA CHAVEZ 2709 BLAIN CT PASCO WA 99301 MARTIN GUTIERREZ 2705 BLAINE CT PASCO WA 99301 HUMBERTO A SENDA 415 ANACONDA AVE PASCO WA 99301 FAUSTINO & ALEJANDRA ESCOBAR 411 ANACONDA AVE PASCO WA 99301 MARLENA M & RAUL AGUIAR 407 ANACONDA AVE PASCO WA 99301 ELIZABETH MURILLO 2618 RONAN CT PASCO WA 99301 FLORA & ALEJANDRO MAGANA 2622 RONAN CT PASCO WA 99301 KAYLEE MARTINEZ 2621 RONAN CT PASCO WA 99301 FLORENTINO ALEXIS FARIAS 2617 RONAN CT PASCO WA 99301 JOSE A VELASCO VILLA 313 ANACONDA AVE PASCO WA 99301 MANUEL MONTES PEREZ 309 ANACONDA AVE PASCO WA 99301 MANUEL R GALVEZ VELASCO (ETUX) 305 ANACONDA AVE PASCO WA 99301 AMARA M PIMENTEL 301 ANACONDA AVE PASCO WA 99301 FIDEL HIPOLITO GARCIA (ETUX) 306 ANACONDA AVE PASCO WA 99301 JESUS M & IVONNE J VALENCIA 310 ANACONDA AVE PASCO WA 99301 ARACELI HERNANDEZ GONZALEZ 314 ANACONDA AVE PASCO WA 99301 Page 114 of 249
AGENDA REPORT
FOR: City Council April 14, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Jacob Gonzalez, Interim Director
Community & Economic Development
SUBJECT: Presentation of the Proposed 2024-2029 Six-Year Transportation
Improvement Plan
I. REFERENCE(S):
2024-2029 Six-Year Transportation Improvement Plan
Project Maps & Descriptions
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
As part of the City’s effort to provide for the proper and necessary development
of a functional transportation network, the City shall, as required by State law
(RCW 35.77.010), develop and adopt annually a Six-Year Transportation
Improvement Program (Six-Year TIP) with such program acting as a guide for
the coordinated development of the City's transportation system. The Six -Year
TIP of the City specifically sets forth those projects and programs of both City
and regional significance that benefit the tra nsportation system and promote
public safety and efficient multi-modal movement.
The Six-Year TIP is consistent with the City's Comprehensive Plan and can be
adopted following one or more public hearings before the City Council.
Projects identified in the Six-Year TIP are able to qualify for Federal and/or State
funding. Along with keeping up with capacity demand of a growing city, the
proposed plan includes various multi-modal transportation projects with an
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emphasis on bike and pedestrian facilities, safety, and neighborhood traffic
calming measures. These projects are depicted in the attached document(s).
The proposed Six-Year TIP represents those projects that are anticipated to be
needed within the next six years. Projects will be coordinated with ava ilable
project funding along with associated utility projects and timing may be adjusted
accordingly.
Update of the Six-Year TIP and subsequent submission to the State are statutory
requirements, and while our local program is not required to be fiscally
constrained, the program should be realistic. The Council will see many of these
projects again, incorporated with the annual Six-Year Capital Improvement Plan
and the biennial budgeting process in the coming months.
This year's TIP update includes 77 projects. Six (6) projects from the previous
plan are complete or plan to be complete by the end of this year and have been
removed. 15 new projects have been added and are indicated as new in the
status column of the TIP workbook.
This year, staff has incorporated the information on the TIP into an interactive
web based platform or "storymap" for improved usability. The storymap can be
viewed with the link below and will be posted to the City website following
adoption later this month.
Transportation Improvement Plan (TIP) – 2024 to 2029
Alternatively you can copy and paste the below website into a web browser:
https://gis.pasco-
wa.gov/portal/apps/storymaps/stories/5110d33d49b548d79a0bbb63fb887d8b
V. DISCUSSION:
The Six-Year TIP update discussion will provide the opportunity for the Council
to clarify the goals of ensuring private development continues to mitigate its
impacts on the transportation system and that multi-modal transportation
continues to be a focus for both public and private projects with a greater
emphasis on connectivity, walkability, and safety. These specific elements are
consistent with the recently adopted Transportation System Master Plan and the
2022-2023 City Council Goals.
Project costs and time-frames identified in this Six-Year TIP are to be considered
estimates only and may change due to a variety of circumstances. The projects
included in the TIP are not intended by the City to be relied upon by
property owners or developers in making development decisions as the
plan is not financially constrained.
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The updated Six-Year TIP must be adopted by July 1st and then submitted to
the Washington State Secretary of Transportation within 30 days of adoption as
required by the RCW.
A public hearing for the 2024-2029 Six-Year TIP is scheduled during the June
20, 2023, Council Meeting.
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|4.11Werner:KGtX[E‘Projects4.02anNOTE:ProjectsandtinEIISIOHad5.13havebeencombinedneframesidentifiedintheTIFtobeoneproject.RefertoP:’aretobeconsideredestima)OUIl'IWemettKG*oject4.02forcombinedcosltesonlythatmaychangeduzK030lb/K03051andscheduleinformation.2toavarietyofcircumstancell:Xt./NewsandarenotintendedbythcN030new>b,‘3Citytoberelieduponbypr:HrUU}UUU§'‘$apertyownersordevelopersinmaklngdevelopmentdeci:D‘->LLISUIUsions.Page 118 of 249
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2024-2029 Transportation Improvement Plan (TIP)
Project Descriptions
1
City Wide Projects:
1.01 Annual Pavement Preservation
The City has implemented an annual Pavement Preservation Program to assess and maintain
quality streets within the City. The program includes crack seal, overlay, and microsurfacing of city
streets.
1.02 City Wide Traffic Signal Improvements (Phase 3)
This project will replace obsolete signal equipment with updated signal controllers, signal
equipment, optimized corridor timing plans, vehicle detection system and emergency vehicle
priority system. Pedestrian access will be upgraded to meet current ADA right of way accessibility
design guidelines for the signalized intersections.
Central Projects:
2.01 W 'A' St/6th Ave Pedestrian Crossing
Install Rectangular Rapid Flashing Beacons, curb extensions, illumination, signing, pavement
markings, and curb ramps.
2.03 Lewis Street Corridor Improvements (Phase 1)
This project will include roadway, sidewalk, and safety improvements in downtown along Lewis
Street corridor between 2nd Ave and 5th Ave. This project will connect the improvements made by
the Lewis St Overpass project and Peanuts Park Improvement project. Conceptual improvements
for this project are included in the adopted Downtown Masterplan. This project will focus on
walkability, bike access, and increasing vibrancy downtown.
2.04 Lewis Street Corridor Improvements (Phase 2)
This project will include roadway, sidewalk, and safety improvements in downtown along Lewis
Street corridor between 5th Ave and 10th Ave. This is a continuation of the Lewis Street Corridor
Improvements (Phase 1) - 2nd Ave to 5th Ave. This project will focus on walkability, bike access,
and increasing vibrancy downtown.
2.05 South 4th Ave (Festival Street Improvements)
This project will adjust roadway programming and install sidewalk furnishings, lighting, street trees
and landscaping to create a Festival Street on South 4th Avenue from Lewis Street to Columbia
Street. The street will be able to be closed to motor vehicles during special events and further
enhance the completed Peanuts Park improvement project to allow for greater and more varied
use of Peanuts Park Plaza. The proposed improvements will help activate and increase vibrancy in
the downtown central business district. The project will balance the needs of pedestrians, cyclists,
motorists, and business owners. The sidewalk furnishing, lighting, and landscaping, and design will
create a welcoming street where people want to be. The project will improve the aesthetics and
safety of the street, draw residents, visitors, and new businesses to downtown, and boost
economic growth. Conceptual improvements for this project are included in the adopted
Downtown Masterplan.
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2024-2029 Transportation Improvement Plan (TIP)
Project Descriptions
2
2.06 Sylvester St Overpass Pedestrian/Bicycle Access
Pedestrian/Bicyclist Overpass, Sidewalk (6'+) with curb, ADA Curb Ramps, Shared use Path/Trail,
Bridge (Part of Shared-use Path).
2.07 Sylvester St Safety Improvements
Lane reconfiguration (road diet) along the corridor with bike and pedestrian facilities on both sides
of the roadway. Rectangular rapid flash beacons, marked crosswalk, ADA curb ramp retrofit,
audible pedestrian, signal adjustments and pedestrian countdown signal. The crossing over US 395
is not included.
2.08 Sylvester St/US 395 NB Off-Ramp Intersection Improvements
This project will install a traffic signal at the intersection of Sylvester Street and the US 395 NB Off-
Ramp and include any necessary ADA improvements. The US-395 Northbound off-ramp to
Sylvester Street has been a continued safety concern for the area. The bridge crossing US-395
creates a visual barrier for cars turning onto W. Sylvester Street. A traffic signal at this location will
help to provide a safer, more efficient entrance to south Pasco from US-395.
2.09 Clark St Improvements
This project will adjust Clark Street roadway programming to include appropriately sized vehicle
travel lanes, bike lanes, sidewalk furnishings, lighting, street trees and landscaping. It will also
include intersection improvements. The proposed improvements will help activate and increase
vibrancy in the downtown central business district. The project will balance the needs of
pedestrians, cyclists, motorists, and business owners. The sidewalk furnishing, lighting, and
landscaping, and design will create a welcoming street where people want to be. The project will
improve the aesthetics and safety of the street, draw residents, visitors, and new businesses to
downtown, and boost economic growth. Conceptual improvements for this project are included in
the adopted Downtown Masterplan.
2.10 Columbia St Improvements
This project will adjust Columbia Street roadway programming to include appropriately sized
vehicle travel lanes, bike lanes, sidewalk furnishings, lighting, street trees and landscaping. It will
also include intersection improvements. The proposed improvements will help activate and
increase vibrancy in the downtown central business district. The project will balance the needs of
pedestrians, cyclists, motorists, and business owners. The sidewalk furnishing, lighting, and
landscaping, and design will create a welcoming street where people want to be. The project will
improve the aesthetics and safety of the street, draw residents, visitors, and new businesses to
downtown, and boost economic growth. Conceptual improvements for this project are included in
the adopted Downtown Masterplan.
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2024-2029 Transportation Improvement Plan (TIP)
Project Descriptions
3
East Projects:
3.01 James St Improvements
Currently, the majority of the properties along James Street have unrestricted motor vehicle access
along their entire frontage. This project will construct a defined roadway with sidewalks and
increased access control of affronting properties. This project will improve safety and pedestrian
features and consolidate access. The sidewalks will connect to existing sidewalks along N Oregon
Ave to extend the defined pedestrian network.
3.02 Lewis St Overpass
This project will construct a new overpass and connecting infrastructure between 2nd Ave and
Oregon Ave on Lewis St to replace the existing underpass, built in 1937.
3.03 Lewis St/Heritage Blvd Intersection Improvements
This project will install a traffic signal at the intersection of Lewis Street and Heritage Blvd and
include any necessary ADA improvements. As this area continues to develop, this critical truck
route intersection will experience increased traffic volumes. To promote safe operation of this
intersection, additional control will be required.
3.05 Traffic Analysis for US 12
This project is a traffic analysis for US 12 from the intersections of A Street to Tank Farm
Road/Sacajawea Park Road. This study will be completed in partnership with WSDOT who has
requested funding.
3.06 Rd 40 E Extension
This project will extend Road 40 E, as a 3-lane industrial collector, north of A street to connect to E
Lewis Place. It will include bike lanes/multi-use pathway and sidewalks. This extension will
eliminate a dead-end road at East Lewis Place. This increases connectivity and improves traffic
capacity and management by allowing for alternative routes. Improvements to the transportation
system in east Pasco will be necessary to accommodate the proposed and anticipated development
of the Heritage Industrial Area.
3.07 Rainier Ave/Kartchner St Intersection Improvements
This project will install a traffic signal at the intersection of Rainier Avenue and Kartchner Street at
the location of the US 395 SB On/Off Ramps and include any necessary ADA improvements.
Anticipated development will increase demand at this intersection and a traffic signal will help to
provide a safer, more efficient entrance to east Pasco from US-395.
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4
3.09 Rd 40 East Pathway
This project will construct a multi-use pathway along Road 40 E from East Lewis Place to Sacajawea
Park. A 12-foot-wide asphalt paved pathway will run along the west side of Road 40 E. This project
will provide a designated pedestrian facility where currently non-exists. It will provide a safe
pedestrian and bicycle connection for surrounding residential communities and employees of the
developing Heritage Industrial Area to E A Street and Sacajawea State Park. The Benton-Franklin
Council of Governments Bicycle Map of Tri-Cities Urbanized Area shows Road 40 E as a Class 3 bike-
route (streets designated for bicycle travel shared with motor vehicles). This project will upgrade
this classification to a Class 1 shared-use path (paved pathway completely separated from motor
vehicles). It will extend the existing Class 1 system by connecting the existing Class 1 pathway along
E A Street south to Sacajawea State Park and north to E Lewis Place. The Class 1 system will further
be extended with the Sacajawea Park Road Pedestrian/Bicycle Pathway project.
3.10 Sacajawea Park Rd Pedestrian/Bicycle Pathway - WSDOT
This project is state funded and will construct a multi-use pathway along Sacajawea Park Road from
Sacajawea State Park to US 12. This project will provide the missing connection of the Class 1
shared-use path system between the shared-use path along US 12 that crosses the bridge to
Burbank and the shared-use path along the Columbia River.
3.11 Heritage Blvd Extension
This project will extend Heritage Blvd, as a 3-lane minor arterial, south of A Street to a future east-
west road (Burbank Rd). It will include a multi-use pathway on one side of the roadway and
sidewalk on the other. This extension is part of the improvements to the transportation system in
east Pasco that will be necessary to accommodate the proposed and anticipated development of
the Heritage Industrial Area.
3.12 Cedar Ave Extension
This project will extend Cedar Avenue, as a 3-lane commercial collector, south of A Street to a
future east-west road (Burbank Rd). It will include bike lanes and sidewalk. This extension is part of
the improvements to the transportation system in east Pasco that will be necessary to
accommodate the proposed and anticipated development of the Heritage Industrial Area.
3.13 South Elm Ave Extension
This project will extend South Elm Avenue, as a 3-lane neighborhood collector, south of A Street to
a future east-west road (Burbank Rd). It will include bike lanes and sidewalk. This extension is part
of the improvements to the transportation system in east Pasco that will be necessary to
accommodate the proposed and anticipated development of the Heritage Industrial Area.
3.14 New Road (Burbank Rd)
This project will be a new east-west orientated road (Burbank Rd) that connects S Road 40 East to
extended S Elm Street. It will be a 3-lane industrial collector with bike lanes and sidewalks. This
road is part of the improvements to the transportation system in east Pasco that will be necessary
to accommodate the proposed and anticipated development of the Heritage Industrial Area.
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5
3.15 New Road (East C St)
This project will construct an east-west oriented road from extended South Elm Avenue to
extended Heritage Boulevard. It will be a 3-lane neighborhood collector with bike lanes and
sidewalks. This road is part of the improvements to the transportation system in east Pasco that
will be necessary to accommodate the proposed and anticipated development of the Heritage
Industrial Area.
3.17 Sacajawea Park Rd Realignment
This project will be studied in the Traffic Analysis of US 12. It will realign Sacajawea Park Road and
move the connection of US 12 and Sacajawea Park Road/Tank Farm Road northwest along US 12
from its current location. It will be a 3-lane commercial collector with bike lanes and sidewalk. East
B Circle will be extended to connect to the realigned Sacajawea Park Road. The intersection of
Sacajawea Park Road and US 12 has been a continued safety concern for the area. The bridge
crossing the Snake River creates a visual barrier for cars turning onto US 12. This project will realign
Sacajawea Park Road so its connection to US 12 will be at a safer location, with better visibility. The
extension of East Circle B will eliminate a dead-end. This increases connectivity and improves traffic
capacity and management by allowing for alternative routes. Improvements to the transportation
system in east Pasco will be necessary to accommodate the proposed and anticipated development
of the Heritage Industrial Area.
3.18 US 12/Tank Farm Rd Connection
This project will be studied in the Traffic Analysis of US 12. This project will construct a connection
between US 12 and Sacajawea Park Road/Tank Farm Road in its new crossing location. The
intersection of Sacajawea Park Road/Tank Farm Road and US 12 has been a continued safety
concern for the area. The bridge crossing the Snake River creates a visual barrier for cars turning
onto US 12. This project will relocate the connection between US 12 and Sacajawea Park
Road/Tank Farm Road northwest of its current location (farther from the bridge) to be in a safer
location, with better visibility. Improvements to the transportation system in east Pasco will be
necessary to accommodate the proposed and anticipated development of the Heritage Industrial
Area.
3.19 Commercial Ave Extension
This project will extend Commercial Avenue, as a 3-lane industrial collector, from Venture Road to
Tank Farm Road to create a frontage road along US 12. It will include bike lanes and sidewalks. This
project will create a connection between the new location of US 12 and Sacajawea Park Road/Tank
Farm Road connection to Commercial Avenue. This increases connectivity and improves traffic
capacity and management by allowing for alternative routes between US 12 and the Heritage
Industrial Area. The new frontage road also supports the opportunity for development northeast of
US 12. Improvements to the transportation system in east Pasco will be necessary to accommodate
the proposed and anticipated development of the Heritage Industrial Area.
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Project Descriptions
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South Projects:
4.01 Argent Rd Pedestrian / Bike Pathway
This project will continue pedestrian and bike facilities from Road 68 to Road 70th Place. This
project will extend the network of safe pedestrian and bicycle facilities in the city, allowing for
more transportation options.
4.02 Argent Rd/Rd 88 Pedestrian Crossing
This project will provide for pedestrian crossing including curb extensions (4) and other curbing,
reduced curb radii on all corners, marked crosswalks (3) and revise existing fourth crosswalk, ADA
curb ramps (8), RRFBs (2) on northwest and southwest corners, pedestrian scale crossing
illumination (4), stop signs (2) and stop bars. On Argent Rd between Road 88 and Tuscany Dr
(northwest corner) install sidewalk (5’ or wider), ~800’, with connecting segments to match up with
existing Tuscany Dr sidewalk, ADA curb ramps (4), marked crosswalks (2) crossings for Cavalier Ct
and Tuscany Dr, and crossing advance stop bars.
4.03 Court St/Rd 68 Intersection Improvements
The project will consist of the design and construction of intersection control measures. This
intersection has proven to be unsafe and in need of improvement due to an increase in the
Average Daily Traffic (ADT) demands associated with the development in the area that has added
additional vehicles to this intersection. A roundabout was selected during the PE phase.
4.05 Court St Safety Improvements
This project reconfigures Court Street from Road 40 to Road 68 to three lanes, with one lane in
each direction and a center two-way-left-turn lane and provides designated bike lanes in each
direction, and pedestrian facility enhancements. This project will be developed in conjunction with
the Court Street Overlay project. This project will improve safety on Court Street and extend the
network of safe pedestrian and bicycle facilities in the city, allowing for more transportation
options.
4.06 Crescent Rd Extension
This project will construct an asphalt core road to extend Crescent Rd from Road 108 to Chapel Hill
Blvd. A core road refers to the construction of vehicle travel lanes only without curb, gutter or
sidewalk.
4.07 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway
This project will construct a multi-use pathway along the piped irrigation canal from Road 100 to
Road 76.
4.08 Rd 100 Widening
This project will widen the Road 100 corridor to a 3-lane section from W Court St to Chapel Hill
Blvd.
4.09 Sacajawea Heritage Trail Levee Lowering
This project will lower the levee and install pathways for pedestrians from Road 52 to Road 72.
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4.10 Rd 68 Widening
This project will widen Road 68 to 5 lanes from Chapel Hill Boulevard to Argent Road. This project
will continue the widening of Road 68 from I-182 to Chapel Hill Boulevard that was completed in
2021.
4.11 Court Street Improvements - NEW
This project will improve Court Street from Road 96 to Harris Road to include bike and pedestrian
facilities and traffic calming features. This will extend bike and pedestrian facilities from where the
Sacajawea riverfront trail connects to Court Street to the proposed bike and pedestrian facilities
planned for in the Broadmoor Area as described in the adopted Broadmoor Masterplan. This would
provide a cross-city bike and pedestrian connection.
4.12 Wernett Rd Extension - NEW
This project will extend Wernett Road along the USA CORPS property from Road 76 to Road 84 as a
collector, completing an east-west connection in this area of Pasco from Road 28 to Road 84.
4.13 Court St/Rd 60 Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Court St and Road 60 and include any
necessary ADA improvements.
North Projects:
5.02 Burns Rd Extension
This project will extend Burns Road, as a 3-lane minor arterial, from Road 68 to Rio Grande Lane
and a new traffic signal at the intersection of Road 68 and Burns Road. This is a critical connection
that currently doesn’t exist and impedes the ability for residential traffic to access an important
commercial area. Surrounding property is undeveloped, these improvements will be largely
accomplished through developer improvement.
5.03 Traffic Analysis for I-182/US Hwy 395 I/C
This project will analyze the I-182/US 395 Interchange for improvements.
5.04 Rd 44 /Argent Rd Intersection Improvements - County Participation
This project will improve the intersection of Road 44 and Argent Road and include any necessary
ADA improvements.
5.05 Rd 52 Extension
This project will construct a 3-lane collector roadway to extend Road 52, north to Clark Road. Due
to anticipated development in an area in which adequate fire coverage does not exist, a connection
to this area would allow for Franklin County Fire Station No. 36 to assist in responding to
emergency calls in this area.
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5.06 Sandifur Pkwy Improvements
This project will complete missing elements such as a 3-lane road section, curbs, and sidewalks of
the Sandifur Parkway road section from Road 68 to Convention Drive. This project will eliminate a
pinch point at this location on Sandifur Parkway by completing the road section. It will complete
the missing link in designated pedestrian facilities and allow for more transportation options across
Road 68.
5.07 Clemente Ln Extension
This project will extend Clemente Lane from Wrigley Drive to Sandifur Parkway. When this property
is developed, this project will provide a connection from Burns Road to Burden Road. This increases
connectivity and improves traffic capacity and management by allowing for alternative routes.
5.08 Rd 76 Overpass
This project will extend Road 76 north from Chapel Hill Blvd to Burden Blvd by constructing an
overpass across I-182 to connect communities north and south of the existing interstate. This
project will include bicycle and pedestrian facilities.
5.09 Rd 76 Widening
This project will construct the east side of Road 76 between Cordero Drive and Wrigley Drive, to
provide a consistent road width.
5.10 Rd 68 & Burns Rd Traffic Signal
This project will provide for the installation of a traffic signal at the intersection of Road 68 and
Burns Road, along with pedestrian facilities.
5.11 Traffic Analysis for I-182/Rd 68 I/C
This project will analyze the I-182 and Rd 68 interchange for improvements.
5.12 Sandifur Pkwy/Rd 90 Pedestrian Crossing
This project will provide for pedestrian crossing including median refuge island (standard – 6’ wide,
on Sandifur Parkway) on the east leg of the intersection, marked crosswalk, pedestrian scale
illumination, ADA curb ramp (north side), RRFBs (3), crossing advance stop bars.
5.13 Sandifur Pkwy/Rd 76 Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Sandifur Parkway and Road 76 and
include any necessary ADA improvements.
5.14 Wrigley Dr/Rd 76 Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Wrigley Drive and Road 76 and include
any necessary ADA improvements.
5.15 Sandifur Pkwy/Convention Drive Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Sandifur Parkway and Convention Drive
and include any necessary ADA improvements.
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Project Descriptions
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5.16 Burden Rd/Rd 60 Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Burden Road and Road 60 and include
any necessary ADA improvements.
5.17 Burden Rd/Madison Ave Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Burden Rd and Madison Ave and include
any necessary ADA improvements.
5.18 Burden Rd/Rd 44 Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Burden Road and Road 44 and include
any necessary ADA improvements.
5.19 Argent Road Widening (Phase 4) - NEW
This project is Phase 4 of urban road improvements to Argent Road from Road 36 to Road 52.
Improvements include street widening to a three-lane section, illumination, stormwater facilities,
curb/gutter, sidewalk, and related improvements. Previous phases improved Argent Road from
20th Ave to Road 36 and installed a signal at Road 36 and Argent Road.
5.20 Burns Rd Extension to Glade Rd - NEW
This project will extend Burns Road from the approximate alignment of Road 44 to Glade Road.
5.21 Sandifur Pkwy/Rd 84 Intersection Improvements - NEW
This project will install a traffic signal at the intersection of Sandifur Parkway and Rd 84 and include
any necessary ADA improvements.
West Projects:
6.01 I-182/Broadmoor Blvd I/C Improvements
This project will add an eastbound deceleration lane and exit loop ramp from I-182 to a new
roundabout at Broadmoor Blvd (Road 100).
6.02 I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge
This project provides bicycle and pedestrian facilities across I-182 at Broadmoor Blvd/Road 100
through the construction of a bridge.
6.03 Broadmoor Blvd Improvements
This project will widen Broadmoor Blvd to 5 lanes from I-182 Westbound Ramp to Burns Road and
will include a separated two-way bike track as described in the adopted Broadmoor Master Plan.
This project is partially funded with Tax Increment Financing (TIF). Large commercial and residential
developments in the area have driven the need for infrastructure improvements to accommodate
the increase in vehicular and pedestrian traffic.
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2024-2029 Transportation Improvement Plan (TIP)
Project Descriptions
10
6.04 Buckingham Dr Extension & Signal
This project will install a traffic signal at the intersection of Buckingham Drive and Broadmoor
Boulevard and extend Buckingham Drive, as a 3-lane neighborhood collector, west of Broadmoor
Boulevard to the extension of Dent Road. A portion of this project is funded with Tax Increment
Financing (TIF).
6.05 Burns Rd/Broadmoor Blvd Intersection Improvements
This project will install a traffic signal at the intersection of Burns Road and Broadmoor Blvd.
Sidewalks and any necessary ADA improvements will be included.
6.06 Burns Rd Widening
This project will widen Burns Road to be a principal arterial and include sidewalk and multi-use
pathway as described in the adopted Broadmoor Master Plan. This project will be completed in
phases as development occurs.
6.07 Dent Rd Extension
This project will extend Dent Road, as a minor arterial, from Burns Road to a proposed east-west
collector north of the gravel and include a separated two-way bike track and sidewalks as described
in the adopted Broadmoor Master Plan. This project will provide a connection between the
extension of Sandifur Parkway and Burns Road through the proposed Medium & Low Density
Residential land use zones of the Broadmoor Area and will connect these residential zones to the
Mixed Residential/Commercial Zone and Burns Road. It will also connect the residential
developments north of Burns Road to the commercial services of the Broadmoor area as they
develop. The street design will incorporate comfortable bicycle and pedestrian facilities and be
designed to encourage and accommodate a walkable mixed-use neighborhood, which, when
properly executed, increases access to services, catalyzes economic growth, maintains or increases
property values, enhances connectedness and the quality of life of its residents and visitors.
6.08 Harris Rd / Crescent Rd Overpass
This project will construct an overpass over I-182 to connect Harris Road and Crescent Road. This
project will connect the communities north and south of I-182 and relieve some of the demand at
Broadmoor Boulevard and the I-182 interchange.
6.09 New Road 103
This project will construct a north-south oriented neighborhood collector road from Harris Road to
Burns Road. It will include bike lanes and sidewalks as described in the adopted Broadmoor Master
Plan. This project will be completed as development occurs. This project will provide a connection
between Burns Road and Harris Road through the proposed Commercial and Mixed
Residential/Commercial land use zones of the Broadmoor Area. The street design will incorporate
comfortable bicycle and pedestrian facilities and be designed to encourage and accommodate a
walkable mixed-use neighborhood, which, when properly executed, increases access to services,
catalyzes economic growth, maintains or increases property values, enhances connectedness and
the quality of life of its residents and visitors.
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2024-2029 Transportation Improvement Plan (TIP)
Project Descriptions
11
6.10 New Road 105
This project will construct a north-south oriented neighborhood collector road from Harris Road to
Burns Road. It will include bike lanes and sidewalks as described in the adopted Broadmoor Master
Plan. This project will be completed as development occurs. This project will provide a connection
between Burns Road and Harris Road through the proposed Commercial and Mixed
Residential/Commercial land use zones of the Broadmoor Area. The street design will incorporate
comfortable bicycle and pedestrian facilities and be designed to encourage and accommodate a
walkable mixed-use neighborhood, which, when properly executed, increases access to services,
catalyzes economic growth, maintains or increases property values, enhances connectedness and
the quality of life of its residents and visitors.
6.11 New Road 108
This project will construct a north-south oriented collector road from Harris Road to Burns Road. It
will include a separated two-way bike track and sidewalk as described in the adopted Broadmoor
Master Plan. A portion of this project is funded with Tax Increment Financing (TIF). This project will
provide a connection between the Harris Road and Burns Road through the proposed Commercial
and Mixed Residential/Commercial land use zones of the Broadmoor Area, providing an important
resource to spur development. The street design will incorporate comfortable bicycle and
pedestrian facilities and be designed to encourage and accommodate a walkable mixed-use
neighborhood, which, when properly executed, increases access to services, catalyzes economic
growth, maintains or increases property values, enhances connectedness and the quality of life of
its residents and visitors.
6.12 New Road (Bridger Rd)
This project will construct an east-west oriented neighborhood collector road from new Road 108
to new Road 103 south of Sandifur Parkway. It will include bike lanes and sidewalks as described in
the adopted Broadmoor Master Plan. This project will be completed in phases as development
occurs. This project will provide a connection between new Road 108 and Road 103 in the
proposed Commercial and Mixed Residential/Commercial land use zones of the Broadmoor Area.
The street design will incorporate comfortable bicycle and pedestrian facilities and be designed to
encourage and accommodate a walkable mixed-use neighborhood, which, when properly
executed, increases access to services, catalyzes economic growth, maintains or increases property
values, enhances connectedness and the quality of life of its residents and visitors.
6.13 Sandifur Pkwy Improvements & Extension
This project will improve and expand Sandifur Parkway from Bedford Street to Broadmoor
Boulevard and extend Sandifur from Broadmoor Boulevard to Shoreline Road as a minor arterial
and include a separated two-way bike track as described in the adopted Broadmoor Master Plan. A
portion of this project is funded with Tax Increment Financing (TIF). This project will be completed
in phases as development occurs.
6.14 Sandifur Pkwy/Broadmoor Blvd Intersection Improvements
This project will improve the intersection of Sandifur Parkway and Broadmoor Boulevard to meet
the capacity and multimodal needs for future development in the Broadmoor area. A portion of
this project is funded with Tax Increment Financing (TIF).
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2024-2029 Transportation Improvement Plan (TIP)
Project Descriptions
12
6.15 Shoreline Rd Realignment
This project will study the possible realignment of Shoreline Road from Shoreline Court to Burns
Road. A planning analysis, environmental study, and preliminary design will be included. Shoreline
Road, in its current location, does not allow for an efficient or effective use of property along an
important stretch of the shoreline. Realignment to the east will provide for additional riverfront
land for development. The realignment is anticipated as part of a larger private development.
6.16 Harris Road Improvements - NEW
This project will complete roadway “half improvements” including a mixed-use path along the
portion of Harris Road abutting I-182 right-of-way, approximately from Road 103 to Road 108.
6.17 Burns Road Improvements - NEW
This project will complete roadway “half improvements” along the portion of Burns Road already
developed to the north, approximately from “Road 112” to “Road 126”.
6.18 I-182/Broadmoor Blvd I/C Improvements - Westbound - NEW
This project will add a new roundabout at Broadmoor Blvd (Road 100) and the I-182 westbound
ramps.
Page 137 of 249
2024-2029
Transportation Improvement Plan
June 5, 2022Page 138 of 249
RCW 35.77.010
Prepare a comprehensive transportation program for the ensuing six years that is:
•Consistent with comprehensive plan
•Includes bicycle and pedestrian facilities
•Adopted by July 1st after public hearing
•Filed with the secretary of transportation within 30 days of adoption
Schedule
•06/05/2023 – Presentation
•06/20/2023 – Public Hearing and Resolution for Adoption
•Submission to the statePage 139 of 249
Projects are informed by our comprehensive plans, council goals, and studies including:
•2022-2023 Council Goals
•Transportation System Master Plan (TSMP)
•Local Road Safety Plan
•Downtown Master Plan
•Broadmoor Master Plan
•Additional Studies
•Public feedback
To plan for, provide, and guide development to a coordinated transportation system
for a growing Pasco.
Along with keeping up with capacity demand of a growing city, the proposed plan includes various
multi-modal transportation projects with an emphasis on bike and pedestrian facilities, safety, and
neighborhood traffic calming measures. Page 140 of 249
This Year’s Updates
Improving Usability
·Interactive web-based version now available
·Were able to bring mapping efforts in house and the improved version was created by the GIS department.
Special shout out to Caleb Kaufmann, Ed DeVoe and Richard Allen!
Interactive TIPPage 141 of 249
Projects planned to be completed by the end of 2023:
·1.01 Annual Pavement Preservation 2023
·2.02 Court St Overlay – US Hwy 395 to 20
th Ave
·3.04 Oregon Ave (SR 397) Overlay
·3.08 ‘A’ St/Heritage Blvd Intersection Improvements
·4.04 Court Street Overlay – Rd 44 to Rd 68
·5.01 Argent Rd Widening (Phase 3) – Saraceno Way to Road 36
Removed Projects
Page 142 of 249
New Projects
15 New Projects:
·4.11 Court St Improvements – Rd 96 to Harris
·4.12 Wernett Rd Extension – Road 76 to Road 84
·4.13 Court St/Rd 60 Intersection Improvements
·5.13 Sandifur Pkwy/Rd 76 Intersection Improvements
·5.14 Wrigley Dr/Rd 76 Intersection Improvements
·5.15 Sandifur Pkwy/Convention Dr Intersection Improvements
·5.16 Burden Rd/Rd 60 Intersection Improvements
·5.17 Burden Rd/Madison Ave Intersection Improvements
·5.18 Burden Rd/Rd 44 Intersection Improvements
·5.19 Argent Rd Widening (Phase 4) – Rd 36 to Rd 52
·5.20 Burns Rd Extension to Glade Road
·5.21 Sandifur Pkwy/Rd 84 Intersection Improvements
·6.16 Harris Rd Improvements
·6.17 Burns Road Improvements
·6.18 I-182/Broadmoor Blvd I/C Improvements - Westbound
77 Total ProjectsPage 143 of 249
OverallPage 144 of 249
CentralPage 145 of 249
EastPage 146 of 249
SouthPage 147 of 249
NorthPage 148 of 249
WestPage 149 of 249
Questions?Page 150 of 249
AGENDA REPORT
FOR: City Council May 31, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Eric Ferguson, City Attorney
City Manager
SUBJECT: Discussion of Second Engrossed Second Substitute Senate Bill 5536
I. REFERENCE(S):
Second Engrossed Second Substitute Senate Bill 5536
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Undetermined
IV. HISTORY AND FACTS BRIEF:
On May 16, 2023, Governor Jay Inslee signed Senate Bill 5536 which ultimately
provided direction to local governments about enforcement of possession and
drug use under RCW 69.50.
V. DISCUSSION:
The final bill passed by the Washington State Legislature and signed by the
Governor gives some much needed direction to local governments about how to
enforce the provisions of RCW 69.50. However, it is complex and legal staff
would like to provide the Council with a brief overview of the legislation and
respond to any questions. Staff would like to begin discussion with Council on
potential next steps for local drug use and possession enforcement under this
new law as a part of a much larger discussion on homelessness, drug use, crime,
and the effects on the local community.
Page 151 of 249
CERTIFICATION OF ENROLLMENT
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5536
Chapter 1, Laws of 2023
68th Legislature
2023 1st Special Session
CONTROLLED SUBSTANCES, COUNTERFEIT SUBSTANCES, LEGEND DRUGS, AND DRUG
PARAPHERNALIA—POSSESSION AND TREATMENT
EFFECTIVE DATE: August 15, 2023—Except for sections 1 through 5, 7
through 11, and 41, which take effect July 1, 2023; and section 6,
which takes effect January 1, 2025.
Passed by the Senate May 16, 2023
Yeas 43 Nays 6
DENNY HECK
President of the Senate
Passed by the House May 16, 2023
Yeas 83 Nays 13
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SECOND ENGROSSED
SECOND SUBSTITUTE SENATE BILL 5536
as passed by the Senate and the
House of Representatives on the
dates hereon set forth.
SARAH BANNISTER
Secretary
Approved May 16, 2023 4:20 PM FILED
May 17, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
Page 152 of 249
AN ACT Relating to justice system and behavioral health responses 1
for persons experiencing circumstances that involve controlled 2
substances, counterfeit substances, legend drugs, and drug 3
paraphernalia; amending RCW 69.50.4011, 69.50.4013, 69.50.4014, 4
69.41.030, 69.50.509, 69.50.4121, 9.96.060, 36.70A.200, 71.24.589, 5
71.24.590, 10.31.110, and 84.36.043; amending 2021 c 311 s 29 6
(uncodified); adding a new section to chapter 43.43 RCW; adding new 7
sections to chapter 69.50 RCW; adding a new section to chapter 43.330 8
RCW; adding a new section to chapter 26.12 RCW; adding new sections 9
to chapter 71.24 RCW; adding new sections to chapter 43.216 RCW; 10
adding a new section to chapter 2.70 RCW; creating new sections; 11
repealing RCW 10.31.115; prescribing penalties; making 12
appropriations; providing effective dates; and declaring an 13
emergency.14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:15
Part I – Prohibiting Knowing Possession of a Controlled Substance, 16
Counterfeit Substance, or Legend Drug17
Sec. 1. RCW 69.50.4011 and 2003 c 53 s 332 are each amended to 18
read as follows:19
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL 5536
Passed Legislature - 2023 1st Special Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Robinson,
Lovick, Rolfes, Mullet, Dhingra, Billig, Hasegawa, Keiser, Kuderer,
Liias, Lovelett, Nobles, Randall, Stanford, Wellman, and C. Wilson)
READ FIRST TIME 02/24/23.
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(1) Except as authorized by this chapter, it is unlawful for any 1
person to ((create, deliver, or possess a counterfeit substance)):2
(a) Create or deliver a counterfeit substance;3
(b) Knowingly possess a counterfeit substance; or4
(c) Knowingly use a counterfeit substance in a public place.5
(2) Any person who violates subsection (1)(a) of this section 6
with respect to:7
(a) A counterfeit substance classified in Schedule I or II which 8
is a narcotic drug, or flunitrazepam classified in Schedule IV, is 9
guilty of a class B felony and upon conviction may be imprisoned for 10
not more than ((ten)) 10 years, fined not more than ((twenty-five 11
thousand dollars)) $25,000, or both;12
(b) A counterfeit substance which is methamphetamine, is guilty 13
of a class B felony and upon conviction may be imprisoned for not 14
more than ((ten)) 10 years, fined not more than ((twenty-five 15
thousand dollars)) $25,000, or both;16
(c) Any other counterfeit substance classified in Schedule I, II, 17
or III, is guilty of a class C felony punishable according to chapter 18
9A.20 RCW;19
(d) A counterfeit substance classified in Schedule IV, except 20
flunitrazepam, is guilty of a class C felony punishable according to 21
chapter 9A.20 RCW;22
(e) A counterfeit substance classified in Schedule V, is guilty 23
of a class C felony punishable according to chapter 9A.20 RCW.24
(3)(a) A violation of subsection (1)(b) or (c) of this section is 25
a gross misdemeanor punishable by imprisonment of up to 180 days, or 26
by a fine of not more than $1,000, or by both such imprisonment and 27
fine, however, if the defendant has two or more prior convictions 28
under subsection (1)(b) or (c) of this section occurring after the 29
effective date of this section, a violation of subsection (1)(b) or 30
(c) of this section is punishable by imprisonment for up to 364 days, 31
or by a fine of not more than $1,000, or by both such imprisonment 32
and fine. The prosecutor is encouraged to divert such cases for 33
assessment, treatment, or other services.34
(b) No person may be charged under both subsection (1)(b) and (c) 35
of this section relating to the same course of conduct.36
(c) In lieu of jail booking and referral to the prosecutor, law 37
enforcement is encouraged to offer a referral to assessment and 38
services available under RCW 10.31.110 or other program or entity 39
responsible for receiving referrals in lieu of legal system 40
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involvement, which may include, but are not limited to, arrest and 1
jail alternative programs established under RCW 36.28A.450, law 2
enforcement assisted diversion programs established under RCW 3
71.24.589, and the recovery navigator program established under RCW 4
71.24.115.5
(4) For the purposes of this section, "public place" has the same 6
meaning as defined in RCW 66.04.010, but the exclusions in RCW 7
66.04.011 do not apply.8
(5) For the purposes of this section, "use a counterfeit 9
substance" means to introduce the substance into the human body by 10
injection, inhalation, ingestion, or any other means.11
Sec. 2. RCW 69.50.4013 and 2022 c 16 s 86 are each amended to 12
read as follows:13
(1) ((It)) Except as otherwise authorized by this chapter, it is 14
unlawful for any person to:15
(a) Knowingly possess a controlled substance unless the substance 16
was obtained directly from, or pursuant to, a valid prescription or 17
order of a practitioner while acting in the course of his or her 18
professional practice((, or except as otherwise authorized by this 19
chapter)); or20
(b) Knowingly use a controlled substance in a public place, 21
unless the substance was obtained directly from, or pursuant to, a 22
valid prescription or order of a practitioner while acting in the 23
course of his or her professional practice.24
(2)(a) Except as provided in RCW 69.50.4014 or 69.50.445, ((any 25
person who violates this section is guilty of a class C felony 26
punishable under chapter 9A.20 RCW)) a violation of subsection (1)(a) 27
or (b) of this section is a gross misdemeanor punishable by 28
imprisonment of up to 180 days in jail, or by a fine of not more than 29
$1,000, or by both such imprisonment and fine, however, if the 30
defendant has two or more prior convictions under subsection (1)(a) 31
or (b) of this section occurring after the effective date of this 32
section, a violation of subsection (1)(a) or (b) of this section is 33
punishable by imprisonment for up to 364 days, or by a fine of not 34
more than $1,000, or by both such imprisonment and fine. The 35
prosecutor is encouraged to divert such cases for assessment, 36
treatment, or other services.37
(b) No person may be charged under both subsection (1)(a) and (b) 38
of this section relating to the same course of conduct.39
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(c) In lieu of jail booking and referral to the prosecutor, law 1
enforcement is encouraged to offer a referral to assessment and 2
services available under RCW 10.31.110 or other program or entity 3
responsible for receiving referrals in lieu of legal system 4
involvement, which may include, but are not limited to, arrest and 5
jail alternative programs established under RCW 36.28A.450, law 6
enforcement assisted diversion programs established under RCW 7
71.24.589, and the recovery navigator program established under RCW 8
71.24.115.9
(3)(a) The possession, by a person ((twenty-one)) 21 years of age 10
or older, of useable cannabis, cannabis concentrates, or cannabis-11
infused products in amounts that do not exceed those set forth in RCW 12
69.50.360(3) is not a violation of this section, this chapter, or any 13
other provision of Washington state law.14
(b) The possession of cannabis, useable cannabis, cannabis 15
concentrates, and cannabis-infused products being physically 16
transported or delivered within the state, in amounts not exceeding 17
those that may be established under RCW 69.50.385(3), by a licensed 18
employee of a common carrier when performing the duties authorized in 19
accordance with RCW 69.50.382 and 69.50.385, is not a violation of 20
this section, this chapter, or any other provision of Washington 21
state law.22
(4)(a) The delivery by a person ((twenty-one)) 21 years of age or 23
older to one or more persons ((twenty-one)) 21 years of age or older, 24
during a single ((twenty-four)) 24 hour period, for noncommercial 25
purposes and not conditioned upon or done in connection with the 26
provision or receipt of financial consideration, of any of the 27
following cannabis products, is not a violation of this section, this 28
chapter, or any other provisions of Washington state law:29
(i) One-half ounce of useable cannabis;30
(ii) Eight ounces of cannabis-infused product in solid form;31
(iii) ((Thirty-six)) 36 ounces of cannabis-infused product in 32
liquid form; or33
(iv) Three and one-half grams of cannabis concentrates.34
(b) The act of delivering cannabis or a cannabis product as 35
authorized under this subsection (4) must meet one of the following 36
requirements:37
(i) The delivery must be done in a location outside of the view 38
of general public and in a nonpublic place; or39
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(ii) The cannabis or cannabis product must be in the original 1
packaging as purchased from the cannabis retailer.2
(5) No person under ((twenty-one)) 21 years of age may 3
((possess,)) manufacture, sell, ((or)) distribute, or knowingly 4
possess cannabis, cannabis-infused products, or cannabis 5
concentrates, regardless of THC concentration. This does not include 6
qualifying patients with a valid authorization.7
(6) The possession by a qualifying patient or designated provider 8
of cannabis concentrates, useable cannabis, cannabis-infused 9
products, or plants in accordance with chapter 69.51A RCW is not a 10
violation of this section, this chapter, or any other provision of 11
Washington state law.12
(7) For the purposes of this section, "public place" has the same 13
meaning as defined in RCW 66.04.010, but the exclusions in RCW 14
66.04.011 do not apply.15
(8) For the purposes of this section, "use a controlled 16
substance" means to introduce the substance into the human body by 17
injection, inhalation, ingestion, or any other means.18
Sec. 3. RCW 69.50.4014 and 2022 c 16 s 88 are each amended to 19
read as follows:20
(1) Except as provided in RCW 69.50.401(2)(c) or as otherwise 21
authorized by this chapter, any person found guilty of knowing 22
possession of ((forty)) 40 grams or less of cannabis is guilty of a 23
misdemeanor. The prosecutor is encouraged to divert cases under this 24
section for assessment, treatment, or other services.25
(2) In lieu of jail booking and referral to the prosecutor, law 26
enforcement is encouraged to offer a referral to assessment and 27
services available under RCW 10.31.110 or other program or entity 28
responsible for receiving referrals in lieu of legal system 29
involvement, which may include, but are not limited to, arrest and 30
jail alternative programs established under RCW 36.28A.450, law 31
enforcement assisted diversion programs established under RCW 32
71.24.589, and the recovery navigator program established under RCW 33
71.24.115.34
Sec. 4. RCW 69.41.030 and 2020 c 80 s 41 are each amended to 35
read as follows:36
(1) It shall be unlawful for any person to sell((,)) or deliver 37
any legend drug, or knowingly possess any legend drug, or knowingly 38
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use any legend drug in a public place, except upon the order or 1
prescription of a physician under chapter 18.71 RCW, an osteopathic 2
physician and surgeon under chapter 18.57 RCW, an optometrist 3
licensed under chapter 18.53 RCW who is certified by the optometry 4
board under RCW 18.53.010, a dentist under chapter 18.32 RCW, a 5
podiatric physician and surgeon under chapter 18.22 RCW, a 6
veterinarian under chapter 18.92 RCW, a commissioned medical or 7
dental officer in the United States armed forces or public health 8
service in the discharge of his or her official duties, a duly 9
licensed physician or dentist employed by the veterans administration 10
in the discharge of his or her official duties, a registered nurse or 11
advanced registered nurse practitioner under chapter 18.79 RCW when 12
authorized by the nursing care quality assurance commission, a 13
pharmacist licensed under chapter 18.64 RCW to the extent permitted 14
by drug therapy guidelines or protocols established under RCW 15
18.64.011 and authorized by the commission and approved by a 16
practitioner authorized to prescribe drugs, a physician assistant 17
under chapter 18.71A RCW when authorized by the Washington medical 18
commission, or any of the following professionals in any province of 19
Canada that shares a common border with the state of Washington or in 20
any state of the United States: A physician licensed to practice 21
medicine and surgery or a physician licensed to practice osteopathic 22
medicine and surgery, a dentist licensed to practice dentistry, a 23
podiatric physician and surgeon licensed to practice podiatric 24
medicine and surgery, a licensed advanced registered nurse 25
practitioner, a licensed physician assistant, or a veterinarian 26
licensed to practice veterinary medicine: PROVIDED, HOWEVER, That the 27
above provisions shall not apply to sale, delivery, or possession by 28
drug wholesalers or drug manufacturers, or their agents or employees, 29
or to any practitioner acting within the scope of his or her license, 30
or to a common or contract carrier or warehouse operator, or any 31
employee thereof, whose possession of any legend drug is in the usual 32
course of business or employment: PROVIDED FURTHER, That nothing in 33
this chapter or chapter 18.64 RCW shall prevent a family planning 34
clinic that is under contract with the health care authority from 35
selling, delivering, possessing, and dispensing commercially 36
prepackaged oral contraceptives prescribed by authorized, licensed 37
health care practitioners: PROVIDED FURTHER, That nothing in this 38
chapter prohibits possession or delivery of legend drugs by an 39
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authorized collector or other person participating in the operation 1
of a drug take-back program authorized in chapter 69.48 RCW.2
(2)(a) A violation of this section involving the sale, delivery, 3
or possession with intent to sell or deliver is a class B felony 4
punishable according to chapter 9A.20 RCW.5
(b) A violation of this section involving knowing possession is a 6
misdemeanor. The prosecutor is encouraged to divert such cases for 7
assessment, treatment, or other services.8
(c) A violation of this section involving knowing use in a public 9
place is a misdemeanor. The prosecutor is encouraged to divert such 10
cases for assessment, treatment, or other services.11
(d) No person may be charged with both knowing possession and 12
knowing use in a public place under this section relating to the same 13
course of conduct.14
(e) In lieu of jail booking and referral to the prosecutor for a 15
violation of this section involving knowing possession, or knowing 16
use in a public place, law enforcement is encouraged to offer a 17
referral to assessment and services available under RCW 10.31.110 or 18
other program or entity responsible for receiving referrals in lieu 19
of legal system involvement, which may include, but are not limited 20
to, arrest and jail alternative programs established under RCW 21
36.28A.450, law enforcement assisted diversion programs established 22
under RCW 71.24.589, and the recovery navigator program established 23
under RCW 71.24.115.24
(3) For the purposes of this section, "public place" has the same 25
meaning as defined in RCW 66.04.010, but the exclusions in RCW 26
66.04.011 do not apply.27
(4) For the purposes of this section, "use any legend drug" means 28
to introduce the drug into the human body by injection, inhalation, 29
ingestion, or any other means.30
Sec. 5. RCW 69.50.509 and 1987 c 202 s 228 are each amended to 31
read as follows:32
If, upon the sworn complaint of any person, it shall be made to 33
appear to any judge of the superior court, district court, or 34
municipal court that there is probable cause to believe that any 35
controlled substance is being used, manufactured, sold, bartered, 36
exchanged, administered, dispensed, delivered, distributed, produced, 37
knowingly possessed, given away, furnished or otherwise disposed of 38
or kept in violation of the provisions of this chapter, such judge 39
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shall, with or without the approval of the prosecuting attorney, 1
issue a warrant directed to any law enforcement officer of the state, 2
commanding him or her to search the premises designated and described 3
in such complaint and warrant, and to seize all controlled substances 4
there found, together with the vessels in which they are contained, 5
and all implements, furniture and fixtures used or kept for the 6
illegal manufacture, sale, barter, exchange, administering, 7
dispensing, delivering, distributing, producing, possessing, giving 8
away, furnishing or otherwise disposing of such controlled 9
substances, and to safely keep the same, and to make a return of said 10
warrant within three days, showing all acts and things done 11
thereunder, with a particular statement of all articles seized and 12
the name of the person or persons in whose possession the same were 13
found, if any, and if no person be found in the possession of said 14
articles, the returns shall so state. The provisions of RCW 10.31.030 15
as now or hereafter amended shall apply to actions taken pursuant to 16
this chapter.17
NEW SECTION. Sec. 6. A new section is added to chapter 43.43 18
RCW to read as follows:19
Subject to the availability of funds appropriated for this 20
specific purpose, the Washington state patrol bureau of forensic 21
laboratory services shall aim to complete the necessary analysis for 22
any evidence submitted for a suspected violation of RCW 69.50.4011(1) 23
(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) within 24
45 days of receipt of the request for analysis.25
The Washington state patrol bureau of forensic laboratory 26
services' failure to comply with this section shall not constitute 27
grounds for dismissal of a criminal charge.28
Part II – Relating to Drug Paraphernalia29
Sec. 7. RCW 69.50.4121 and 2022 c 16 s 92 are each amended to 30
read as follows:31
(1) Every person who sells ((or gives,)) or permits to be sold 32
((or given)) to any person any drug paraphernalia in any form commits 33
a class I civil infraction under chapter 7.80 RCW. For purposes of 34
this subsection, "drug paraphernalia" means all equipment, products, 35
and materials of any kind which are used, intended for use, or 36
designed for use in planting, propagating, cultivating, growing, 37
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harvesting, manufacturing, compounding, converting, producing, 1
processing, preparing, ((testing, analyzing,)) packaging, 2
repackaging, storing, containing, concealing, injecting, ingesting, 3
inhaling, or otherwise introducing into the human body a controlled 4
substance other than cannabis. Drug paraphernalia includes, but is 5
not limited to objects used, intended for use, or designed for use in 6
ingesting, inhaling, or otherwise introducing cocaine into the human 7
body, such as:8
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic 9
pipes with or without screens, permanent screens, hashish heads, or 10
punctured metal bowls;11
(b) Water pipes;12
(c) Carburetion tubes and devices;13
(d) Smoking and carburetion masks;14
(e) Miniature cocaine spoons and cocaine vials;15
(f) Chamber pipes;16
(g) Carburetor pipes;17
(h) Electric pipes;18
(i) Air-driven pipes; and19
(j) Ice pipes or chillers.20
(2) It shall be no defense to a prosecution for a violation of 21
this section that the person acted, or was believed by the defendant 22
to act, as agent or representative of another.23
(3) Nothing in subsection (1) of this section prohibits ((legal)) 24
distribution ((of injection)) or use of public health supplies 25
including, but not limited to, syringe equipment, smoking equipment, 26
or drug testing equipment, through public health ((and)) programs, 27
community-based HIV prevention programs, outreach, shelter, and 28
housing programs, and pharmacies. Public health and syringe service 29
program staff taking samples of substances and using drug testing 30
equipment for the purpose of analyzing the composition of the 31
substances or detecting the presence of certain substances are acting 32
legally and are exempt from arrest and prosecution under RCW 33
69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) 34
or (c).35
NEW SECTION. Sec. 8. A new section is added to chapter 69.50 36
RCW to read as follows:37
(1) The state of Washington hereby fully occupies and preempts 38
the entire field of drug paraphernalia regulation within the 39
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boundaries of the state including regulation of the use, selling, 1
giving, delivery, and possession of drug paraphernalia, except as 2
provided in subsection (2) of this section. Cities, towns, and 3
counties or other municipalities may enact only those laws and 4
ordinances relating to drug paraphernalia that are specifically 5
authorized by state law and are consistent with this chapter. Such 6
local ordinances must have the same penalty as provided for by state 7
law. Local laws and ordinances that are inconsistent with, more 8
restrictive than, or exceed the requirements of state law may not be 9
enacted and are preempted and repealed, regardless of the nature of 10
the code, charter, or home rule status of such city, town, county, or 11
municipality.12
(2) Nothing in this chapter shall be construed to prohibit cities 13
or counties from enacting laws or ordinances relating to the 14
establishment or regulation of harm reduction services concerning 15
drug paraphernalia.16
Part III - Providing Opportunities for Pretrial Diversion Pursuant to 17
RCW 71.24.115, 36.28A.450, and 71.24.589 and Vacating Convictions18
NEW SECTION. Sec. 9. A new section is added to chapter 69.50 19
RCW to read as follows:20
(1) Nothing in this section prevents the defendant, with the 21
consent of the prosecuting attorney as required by RCW 2.30.030, from 22
seeking to resolve charges under RCW 69.50.4011(1) (b) or (c), 23
69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) through available 24
therapeutic courts or other alternatives to prosecution including, 25
but not limited to, a stipulated order of continuance or deferred 26
prosecution. Nothing in this section prevents the defendant or the 27
prosecuting attorney from seeking or agreeing to, or the court from 28
ordering, any other resolution of charges or terms of supervision 29
that suit the circumstances of the defendant's situation and advance 30
stabilization, recovery, crime reduction, and justice.31
(2) In any jurisdiction with a recovery navigator program 32
established under RCW 71.24.115, an arrest and jail alternative 33
program established under RCW 36.28A.450, or a law enforcement 34
assisted diversion program established under RCW 71.24.589, any 35
defendant charged with a violation of RCW 69.50.4011(1) (b) or (c), 36
69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) may make a motion 37
to participate in pretrial diversion and agree to waive his or her 38
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right to a speedy trial if the motion is granted, subject to the 1
following:2
(a) In any case where the defendant is only charged with a 3
violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 4
69.41.030(2) (b) or (c), and the defendant has not been convicted of 5
any offenses committed after the effective date of this section, the 6
court shall grant the motion, continue the hearing, and refer the 7
defendant to a recovery navigator program established under RCW 8
71.24.115, an arrest and jail alternative program established under 9
RCW 36.28A.450, or a law enforcement assisted diversion program 10
established under RCW 71.24.589.11
(b) In any case where the defendant does not meet the criteria 12
described in (a) of this subsection, the court may grant the motion, 13
continue the hearing, and refer the defendant to a recovery navigator 14
program established under RCW 71.24.115, an arrest and jail 15
alternative program established under RCW 36.28A.450, or a law 16
enforcement assisted diversion program established under RCW 17
71.24.589.18
(c) In all cases, the court may not grant the motion unless the 19
prosecuting attorney consents to the defendant's participation in 20
pretrial diversion. The prosecuting attorney is strongly encouraged 21
to agree to diversion in any case where the defendant is only charged 22
with a violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 23
69.50.4014, or 69.41.030(2) (b) or (c). The prosecuting attorney may 24
divert additional charges related to substance use disorder for 25
nonfelony offenses that are not crimes against persons.26
(3) Prior to granting the defendant's motion to participate in 27
pretrial diversion under this section, the court shall provide the 28
defendant and the defendant's counsel with the following information:29
(a) A full description of the procedures for pretrial diversion;30
(b) A general explanation of the roles and authority of the 31
probation department, the prosecuting attorney, the recovery 32
navigator program under RCW 71.24.115, arrest and jail alternative 33
program under RCW 36.28A.450, or law enforcement assisted diversion 34
program under RCW 71.24.589, and the court in the process;35
(c) A clear statement that the court may grant pretrial diversion 36
with respect to any offense under RCW 69.50.4011(1) (b) or (c), 37
69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) that is charged, 38
provided that the defendant pleads not guilty to the charge or 39
charges and waives his or her right to a speedy trial, and that upon 40
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the defendant's successful completion of pretrial diversion, as 1
specified in subsection (11) of this section, and motion of the 2
defendant, prosecuting attorney, court, or probation department, the 3
court must dismiss the charge or charges against the defendant;4
(d) A clear statement that if the defendant has not made 5
substantial progress with treatment or services provided that are 6
appropriate to the defendant's circumstances or, if applicable, 7
community service, the prosecuting attorney may make a motion to 8
terminate pretrial diversion and schedule further proceedings as 9
otherwise provided in this section;10
(e) An explanation of criminal record retention and disposition 11
resulting from participation in pretrial diversion and the 12
defendant's rights relative to answering questions about his or her 13
arrest and pretrial diversion following successful completion; and14
(f) A clear statement that under federal law it is unlawful for 15
any person who is an unlawful user of or addicted to any controlled 16
substance to ship or transport in interstate or foreign commerce, or 17
possess in or affecting commerce, any firearm or ammunition, or to 18
receive any firearm or ammunition which has been shipped or 19
transported in interstate or foreign commerce.20
(4) If the court grants the defendant's motion to participate in 21
pretrial diversion under this section, the recovery navigator program 22
established under RCW 71.24.115, the arrest and jail alternative 23
program established under RCW 36.28A.450, or the law enforcement 24
assisted diversion program established under RCW 71.24.589, shall 25
provide the court written confirmation of completion of the 26
assessment and a statement indicating the defendant's enrollment or 27
referral to any specific service or program. The confirmation and 28
statement of the recovery navigator program established under RCW 29
71.24.115, the arrest and jail alternative program established under 30
RCW 36.28A.450, or the law enforcement assisted diversion program 31
established under RCW 71.24.589 shall be filed under seal with the 32
court, and a copy shall be given to the prosecuting attorney, 33
defendant, and defendant's counsel. The confirmation and statement 34
are confidential and exempt from disclosure under chapter 42.56 RCW. 35
The court shall endeavor to avoid public discussion of the 36
circumstances, history, or diagnoses that could stigmatize the 37
defendant.38
(5) Subject to the availability of funds appropriated for this 39
specific purpose, the assessment and recommended treatment or 40
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services must be provided at no cost for defendants who have been 1
found to be indigent by the court.2
(6) If the assessment conducted by the recovery navigator program 3
established under RCW 71.24.115, the arrest and jail alternative 4
program established under RCW 36.28A.450, or the law enforcement 5
assisted diversion program established under RCW 71.24.589 includes a 6
referral to any treatment or services, the recovery navigator program 7
established under RCW 71.24.115, the arrest and jail alternative 8
program established under RCW 36.28A.450, the law enforcement 9
assisted diversion program established under RCW 71.24.589, or 10
service provider shall provide the court with regular written status 11
updates on the defendant's progress on a schedule acceptable to the 12
court. The updates must be provided at least monthly and be filed 13
under seal with the court, with copies given to the prosecuting 14
attorney, defendant, and defendant's counsel. The updates and their 15
copies are confidential and exempt from disclosure under chapter 16
42.56 RCW. The court shall endeavor to avoid public discussion of the 17
circumstances, history, or diagnoses that could stigmatize the 18
defendant.19
(7) If the assessment conducted by the recovery navigator program 20
established under RCW 71.24.115, the arrest and jail alternative 21
program established under RCW 36.28A.450, or the law enforcement 22
assisted diversion program established under RCW 71.24.589 does not 23
recommend any treatment or services, the defendant must instead 24
complete an amount of community service as determined by the court, 25
but not to exceed 120 hours of community service, in order to 26
complete pretrial diversion.27
(8) Admissions made by the individual in the course of receiving 28
services from the recovery navigator program established under RCW 29
71.24.115, the arrest and jail alternative program established under 30
RCW 36.28A.450, or the law enforcement assisted diversion program 31
established under RCW 71.24.589 may not be used against the 32
individual in the prosecution's case in chief.33
(9) A defendant's participation in pretrial diversion under this 34
section does not constitute a conviction, a stipulation to facts, or 35
an admission of guilt for any purpose.36
(10) If it appears to the prosecuting attorney that the defendant 37
is not substantially complying with the recommended treatment or 38
services as reflected by a written status update, the prosecuting 39
attorney may make a motion for termination from pretrial diversion.40
p. 13 2E2SSB 5536.SLPage 165 of 249
(a) After notice to the defendant, the court must hold a hearing 1
to determine whether pretrial diversion shall be terminated.2
(b) Before the hearing, the defendant and the defendant's counsel 3
shall be advised of the nature of the alleged noncompliance and 4
provided discovery of evidence supporting the allegation, including 5
names and contact information of witnesses.6
(c) At the hearing, the court must consider the following 7
factors:8
(i) The nature of the alleged noncompliance; and9
(ii) Any other mitigating circumstances, including, but not 10
limited to, the defendant's efforts and due diligence, the 11
availability of services in the geographic area, and the treatment 12
and services offered to the defendant.13
(d) If the court finds the defendant is not substantially 14
complying with the recommended treatment or services and thereafter 15
terminates pretrial diversion, it shall state the grounds for its 16
decision succinctly in the record and provide the prosecuting 17
attorney, the defendant, and the defendant's counsel with a written 18
order.19
(11) If the defendant successfully completes pretrial diversion, 20
including in one of the following ways, the charge or charges under 21
RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) 22
(b) or (c) must be dismissed:23
(a) If the assessment prepared by the recovery navigator program, 24
arrest and jail alternative program, or law enforcement assisted 25
diversion program included a recommendation for treatment or 26
services, the defendant successfully completes pretrial diversion 27
either by having 12 months of substantial compliance with the 28
assessment and recommended treatment or services and progress toward 29
recovery goals as reflected by the written status updates or by 30
successfully completing the recommended treatment or services, 31
whichever occurs first; or32
(b) If the assessment prepared by the recovery navigator program, 33
arrest and jail alternative program, or law enforcement assisted 34
diversion program did not include a recommendation for treatment or 35
services, the defendant successfully completes pretrial diversion by 36
completing the community service described in subsection (7) of this 37
section and submitting proof of completion to the court.38
(12) Beginning January 1, 2025, the recovery navigator programs 39
established under RCW 71.24.115, arrest and jail alternative programs 40
p. 14 2E2SSB 5536.SLPage 166 of 249
established under RCW 36.28A.450, and law enforcement assisted 1
diversion programs established under RCW 71.24.589 shall input data 2
and information in the data integration platform under section 22 of 3
this act for each case where the defendant participates in pretrial 4
diversion under this section, including but not limited to the 5
following:6
(a) Whether the pretrial diversion was terminated or was 7
successfully completed and resulted in a dismissal;8
(b) The race, ethnicity, gender, gender expression or identity, 9
disability status, and age of the defendant; and10
(c) Any other appropriate data and information as determined by 11
the health care authority.12
NEW SECTION. Sec. 10. A new section is added to chapter 69.50 13
RCW to read as follows:14
When sentencing an individual for a violation of RCW 15
69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) 16
or (c), the court is encouraged to utilize any other resolution of 17
the charges or terms of supervision that suit the circumstances of 18
the defendant's situation and advance stabilization, recovery, crime 19
reduction, and justice.20
Sec. 11. RCW 9.96.060 and 2022 c 16 s 7 are each amended to read 21
as follows:22
(1) When vacating a conviction under this section, the court 23
effectuates the vacation by: (a)(i) Permitting the applicant to 24
withdraw the applicant's plea of guilty and to enter a plea of not 25
guilty; or (ii) if the applicant has been convicted after a plea of 26
not guilty, the court setting aside the verdict of guilty; and (b) 27
the court dismissing the information, indictment, complaint, or 28
citation against the applicant and vacating the judgment and 29
sentence.30
(2) Every person convicted of a misdemeanor or gross misdemeanor 31
offense may apply to the sentencing court for a vacation of the 32
applicant's record of conviction for the offense. If the court finds 33
the applicant meets the requirements of this subsection, the court 34
may in its discretion vacate the record of conviction. Except as 35
provided in subsections (3), (4), ((and)) (5), and (6) of this 36
section, an applicant may not have the record of conviction for a 37
p. 15 2E2SSB 5536.SLPage 167 of 249
misdemeanor or gross misdemeanor offense vacated if any one of the 1
following is present:2
(a) The applicant has not completed all of the terms of the 3
sentence for the offense;4
(b) There are any criminal charges against the applicant pending 5
in any court of this state or another state, or in any federal or 6
tribal court, at the time of application;7
(c) The offense was a violent offense as defined in RCW 9.94A.030 8
or an attempt to commit a violent offense;9
(d) The offense was a violation of RCW 46.61.502 (driving while 10
under the influence), 46.61.504 (actual physical control while under 11
the influence), 9.91.020 (operating a railroad, etc. while 12
intoxicated), or the offense is considered a "prior offense" under 13
RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug 14
violation within ten years of the date of arrest for the prior 15
offense or less than ten years has elapsed since the date of the 16
arrest for the prior offense;17
(e) The offense was any misdemeanor or gross misdemeanor 18
violation, including attempt, of chapter 9.68 RCW (obscenity and 19
pornography), chapter 9.68A RCW (sexual exploitation of children), or 20
chapter 9A.44 RCW (sex offenses), except for failure to register as a 21
sex offender under RCW 9A.44.132;22
(f) The applicant was convicted of a misdemeanor or gross 23
misdemeanor offense as defined in RCW 10.99.020, or the court 24
determines after a review of the court file that the offense was 25
committed by one family or household member against another or by one 26
intimate partner against another, or the court, after considering the 27
damage to person or property that resulted in the conviction, any 28
prior convictions for crimes defined in RCW 10.99.020, or for 29
comparable offenses in another state or in federal court, and the 30
totality of the records under review by the court regarding the 31
conviction being considered for vacation, determines that the offense 32
involved domestic violence, and any one of the following factors 33
exist:34
(i) The applicant has not provided written notification of the 35
vacation petition to the prosecuting attorney's office that 36
prosecuted the offense for which vacation is sought, or has not 37
provided that notification to the court;38
(ii) The applicant has two or more domestic violence convictions 39
stemming from different incidents. For purposes of this subsection, 40
p. 16 2E2SSB 5536.SLPage 168 of 249
however, if the current application is for more than one conviction 1
that arose out of a single incident, none of those convictions counts 2
as a previous conviction;3
(iii) The applicant has signed an affidavit under penalty of 4
perjury affirming that the applicant has not previously had a 5
conviction for a domestic violence offense, and a criminal history 6
check reveals that the applicant has had such a conviction; or7
(iv) Less than five years have elapsed since the person completed 8
the terms of the original conditions of the sentence, including any 9
financial obligations and successful completion of any treatment 10
ordered as a condition of sentencing;11
(g) For any offense other than those described in (f) of this 12
subsection, less than three years have passed since the person 13
completed the terms of the sentence, including any financial 14
obligations;15
(h) The offender has been convicted of a new crime in this state, 16
another state, or federal or tribal court in the three years prior to 17
the vacation application; or18
(i) The applicant is currently restrained by a domestic violence 19
protection order, a no-contact order, an antiharassment order, or a 20
civil restraining order which restrains one party from contacting the 21
other party or was previously restrained by such an order and was 22
found to have committed one or more violations of the order in the 23
five years prior to the vacation application.24
(3) If the applicant is a victim of sex trafficking, 25
prostitution, or commercial sexual abuse of a minor; sexual assault; 26
or domestic violence as defined in RCW 9.94A.030, or the prosecutor 27
applies on behalf of the state, the sentencing court may vacate the 28
record of conviction if the application satisfies the requirements of 29
RCW 9.96.080. When preparing or filing the petition, the prosecutor 30
is not deemed to be providing legal advice or legal assistance on 31
behalf of the victim, but is fulfilling an administrative function on 32
behalf of the state in order to further their responsibility to seek 33
to reform and improve the administration of criminal justice. A 34
record of conviction vacated using the process in RCW 9.96.080 is 35
subject to subsections (((6) and)) (7) and (8) of this section.36
(4) Every person convicted prior to January 1, 1975, of violating 37
any statute or rule regarding the regulation of fishing activities, 38
including, but not limited to, RCW 75.08.260, 75.12.060, 75.12.070, 39
75.12.160, 77.16.020, 77.16.030, 77.16.040, 77.16.060, and 77.16.240 40
p. 17 2E2SSB 5536.SLPage 169 of 249
who claimed to be exercising a treaty Indian fishing right, may apply 1
to the sentencing court for vacation of the applicant's record of the 2
misdemeanor, gross misdemeanor, or felony conviction for the offense. 3
If the person is deceased, a member of the person's family or an 4
official representative of the tribe of which the person was a member 5
may apply to the court on behalf of the deceased person. 6
Notwithstanding the requirements of RCW 9.94A.640, the court shall 7
vacate the record of conviction if:8
(a) The applicant is a member of a tribe that may exercise treaty 9
Indian fishing rights at the location where the offense occurred; and10
(b) The state has been enjoined from taking enforcement action of 11
the statute or rule to the extent that it interferes with a treaty 12
Indian fishing right as determined under United States v. Washington, 13
384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 14
899 (D. Oregon 1969), and any posttrial orders of those courts, or 15
any other state supreme court or federal court decision.16
(5) Every person convicted of a misdemeanor cannabis offense, who 17
was ((twenty-one)) 21 years of age or older at the time of the 18
offense, may apply to the sentencing court for a vacation of the 19
applicant's record of conviction for the offense. A misdemeanor 20
cannabis offense includes, but is not limited to: Any offense under 21
RCW 69.50.4014, from July 1, 2004, onward, and its predecessor 22
statutes, including RCW 69.50.401(e), from March 21, 1979, to July 1, 23
2004, and RCW 69.50.401(d), from May 21, 1971, to March 21, 1979, and 24
any offense under an equivalent municipal ordinance. If an applicant 25
qualifies under this subsection, the court shall vacate the record of 26
conviction.27
(6) If a person convicted of violating RCW 69.50.4011(1) (b) or 28
(c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a 29
substance use disorder program and files proof of completion with the 30
court, or obtains an assessment from a recovery navigator program 31
established under RCW 71.24.115, an arrest and jail alternative 32
program established under RCW 36.28A.450, or a law enforcement 33
assisted diversion program established under RCW 71.24.589, and has 34
six months of substantial compliance with recommended treatment or 35
services and progress toward recovery goals as reflected by a written 36
status update, upon verification the court must vacate the conviction 37
or convictions.38
(7) A person who is a family member of a homicide victim may 39
apply to the sentencing court on the behalf of the victim for 40
p. 18 2E2SSB 5536.SLPage 170 of 249
vacation of the victim's record of conviction for prostitution under 1
RCW 9A.88.030. If an applicant qualifies under this subsection, the 2
court shall vacate the victim's record of conviction.3
(((7))) (8)(a) Except as provided in (c) of this subsection, once 4
the court vacates a record of conviction under this section, the 5
person shall be released from all penalties and disabilities 6
resulting from the offense and the fact that the person has been 7
convicted of the offense shall not be included in the person's 8
criminal history for purposes of determining a sentence in any 9
subsequent conviction. For all purposes, including responding to 10
questions on employment or housing applications, a person whose 11
conviction has been vacated under this section may state that he or 12
she has never been convicted of that crime. However, nothing in this 13
section affects the requirements for restoring a right to possess a 14
firearm under RCW 9.41.040. Except as provided in (b) of this 15
subsection, nothing in this section affects or prevents the use of an 16
offender's prior conviction in a later criminal prosecution.17
(b) When a court vacates a record of domestic violence as defined 18
in RCW 10.99.020 under this section, the state may not use the 19
vacated conviction in a later criminal prosecution unless the 20
conviction was for: (i) Violating the provisions of a restraining 21
order, no-contact order, or protection order restraining or enjoining 22
the person or restraining the person from going on to the grounds of 23
or entering a residence, workplace, school, or day care, or 24
prohibiting the person from knowingly coming within, or knowingly 25
remaining within, a specified distance of a location, a protected 26
party's person, or a protected party's vehicle (RCW 10.99.040, 27
10.99.050, 26.09.300, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070, 28
or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and 29
74.34.145); (ii) stalking (RCW 9A.46.110); or (iii) a domestic 30
violence protection order or vulnerable adult protection order 31
entered under chapter 7.105 RCW. A vacated conviction under this 32
section is not considered a conviction of such an offense for the 33
purposes of 27 C.F.R. 478.11.34
(c) A conviction vacated on or after July 28, 2019, qualifies as 35
a prior conviction for the purpose of charging a present recidivist 36
offense as defined in RCW 9.94A.030 occurring on or after July 28, 37
2019.38
(((8))) (9) The clerk of the court in which the vacation order is 39
entered shall immediately transmit the order vacating the conviction 40
p. 19 2E2SSB 5536.SLPage 171 of 249
to the Washington state patrol identification section and to the 1
local police agency, if any, which holds criminal history information 2
for the person who is the subject of the conviction. The Washington 3
state patrol and any such local police agency shall immediately 4
update their records to reflect the vacation of the conviction, and 5
shall transmit the order vacating the conviction to the federal 6
bureau of investigation. A conviction that has been vacated under 7
this section may not be disseminated or disclosed by the state patrol 8
or local law enforcement agency to any person, except other criminal 9
justice enforcement agencies.10
(((9))) (10) For the purposes of this section, "cannabis" has the 11
meaning provided in RCW 69.50.101.12
Part IV – Opioid Treatment Rural Access and Expansion13
Sec. 12. RCW 36.70A.200 and 2021 c 265 s 2 are each amended to 14
read as follows:15
(1)(a) The comprehensive plan of each county and city that is 16
planning under RCW 36.70A.040 shall include a process for identifying 17
and siting essential public facilities. Essential public facilities 18
include those facilities that are typically difficult to site, such 19
as airports, state education facilities and state or regional 20
transportation facilities as defined in RCW 47.06.140, regional 21
transit authority facilities as defined in RCW 81.112.020, state and 22
local correctional facilities, solid waste handling facilities, 23
opioid treatment programs including both mobile and fixed-site 24
medication units, recovery residences, harm reduction programs 25
excluding safe injection sites, and inpatient facilities including 26
substance ((abuse)) use disorder treatment facilities, mental health 27
facilities, group homes, community facilities as defined in RCW 28
72.05.020, and secure community transition facilities as defined in 29
RCW 71.09.020.30
(b) Unless a facility is expressly listed in (a) of this 31
subsection, essential public facilities do not include facilities 32
that are operated by a private entity in which persons are detained 33
in custody under process of law pending the outcome of legal 34
proceedings but are not used for punishment, correction, counseling, 35
or rehabilitation following the conviction of a criminal offense. 36
Facilities included under this subsection (1)(b) shall not include 37
p. 20 2E2SSB 5536.SLPage 172 of 249
facilities detaining persons under RCW 71.09.020 (((6) or (15))) (7) 1
or (16) or chapter 10.77 or 71.05 RCW.2
(c) The department of children, youth, and families may not 3
attempt to site new community facilities as defined in RCW 72.05.020 4
east of the crest of the Cascade mountain range unless there is an 5
equal or greater number of sited community facilities as defined in 6
RCW 72.05.020 on the western side of the crest of the Cascade 7
mountain range.8
(d) For the purpose of this section, "harm reduction programs" 9
means programs that emphasize working directly with people who use 10
drugs to prevent overdose and infectious disease transmission, 11
improve the physical, mental, and social well-being of those served, 12
and offer low threshold options for accessing substance use disorder 13
treatment and other services.14
(2) Each county and city planning under RCW 36.70A.040 shall, not 15
later than September 1, 2002, establish a process, or amend its 16
existing process, for identifying and siting essential public 17
facilities and adopt or amend its development regulations as 18
necessary to provide for the siting of secure community transition 19
facilities consistent with statutory requirements applicable to these 20
facilities.21
(3) Any city or county not planning under RCW 36.70A.040 shall, 22
not later than September 1, 2002, establish a process for siting 23
secure community transition facilities and adopt or amend its 24
development regulations as necessary to provide for the siting of 25
such facilities consistent with statutory requirements applicable to 26
these facilities.27
(4) The office of financial management shall maintain a list of 28
those essential state public facilities that are required or likely 29
to be built within the next six years. The office of financial 30
management may at any time add facilities to the list.31
(5) No local comprehensive plan or development regulation may 32
preclude the siting of essential public facilities.33
(6) No person may bring a cause of action for civil damages based 34
on the good faith actions of any county or city to provide for the 35
siting of secure community transition facilities in accordance with 36
this section and with the requirements of chapter 12, Laws of 2001 37
2nd sp. sess. For purposes of this subsection, "person" includes, but 38
is not limited to, any individual, agency as defined in RCW 39
p. 21 2E2SSB 5536.SLPage 173 of 249
42.17A.005, corporation, partnership, association, and limited 1
liability entity.2
(7) Counties or cities siting facilities pursuant to subsection 3
(2) or (3) of this section shall comply with RCW 71.09.341.4
(8) The failure of a county or city to act by the deadlines 5
established in subsections (2) and (3) of this section is not:6
(a) A condition that would disqualify the county or city for 7
grants, loans, or pledges under RCW 43.155.070 or 70A.135.070;8
(b) A consideration for grants or loans provided under RCW 9
43.17.250(3); or10
(c) A basis for any petition under RCW 36.70A.280 or for any 11
private cause of action.12
Sec. 13. RCW 71.24.589 and 2019 c 314 s 29 are each amended to 13
read as follows:14
(1) Subject to funds appropriated by the legislature, the 15
authority shall ((implement a pilot project)) administer a grant 16
program for law enforcement assisted diversion which shall adhere to 17
law enforcement assisted diversion core principles recognized by the 18
law enforcement assisted diversion national support bureau, the 19
efficacy of which have been demonstrated in peer-reviewed research 20
studies.21
(2) ((Under the pilot project, the)) The authority must partner 22
with the law enforcement assisted diversion national support bureau 23
to award ((a contract)) contracts, subject to appropriation, for 24
((two or more geographic areas)) jurisdictions in the state of 25
Washington for law enforcement assisted diversion. Cities, counties, 26
and tribes ((may compete for participation in a pilot project)), 27
subdivisions thereof, public development authorities, and community-28
based organizations demonstrating support from necessary public 29
partners, may serve as the lead agency applying for funding. Funds 30
may be used to scale existing projects, and to invite additional 31
jurisdictions to launch law enforcement assisted diversion programs.32
(3) The ((pilot projects)) program must provide for securing 33
comprehensive technical assistance from law enforcement assisted 34
diversion implementation experts to develop and implement a law 35
enforcement assisted diversion program ((in the pilot project's 36
geographic areas)) in a way that ensures fidelity to the research-37
based law enforcement assisted diversion model. Sufficient funds must 38
p. 22 2E2SSB 5536.SLPage 174 of 249
be allocated from grant program funds to secure technical assistance 1
for the authority and for the implementing jurisdictions.2
(4) The key elements of a law enforcement assisted diversion 3
((pilot project)) program must include:4
(a) Long-term case management for individuals with substance use 5
disorders;6
(b) Facilitation and coordination with community resources 7
focusing on overdose prevention;8
(c) Facilitation and coordination with community resources 9
focused on the prevention of infectious disease transmission;10
(d) Facilitation and coordination with community resources 11
providing physical and behavioral health services;12
(e) Facilitation and coordination with community resources 13
providing medications for the treatment of substance use disorders;14
(f) Facilitation and coordination with community resources 15
focusing on housing, employment, and public assistance;16
(g) ((Twenty-four)) 24 hours per day and seven days per week 17
response to law enforcement for arrest diversions; and18
(h) Prosecutorial support for diversion services.19
(5) No civil liability may be imposed by any court on the state 20
or its officers or employees, an appointed or elected official, 21
public employee, public agency as defined in RCW 4.24.470, 22
combination of units of government and its employees as provided in 23
RCW 36.28A.010, nonprofit community-based organization, tribal 24
government entity, tribal organization, or urban Indian organization, 25
based on the administration of a law enforcement assisted diversion 26
program or activities carried out within the purview of a grant 27
received under this program except upon proof of bad faith or gross 28
negligence.29
Sec. 14. RCW 71.24.590 and 2019 c 314 s 30 are each amended to 30
read as follows:31
(1) When making a decision on an application for licensing or 32
certification of ((a)) an opioid treatment program, the department 33
shall:34
(a) Consult with the county legislative authorities in the area 35
in which an applicant proposes to locate a program and the city 36
legislative authority in any city in which an applicant proposes to 37
locate a program;38
p. 23 2E2SSB 5536.SLPage 175 of 249
(b) License or certify only programs that will be sited in 1
accordance with the appropriate county or city land use ordinances. 2
Counties and cities may require conditional use permits with 3
reasonable conditions for the siting of programs only to the extent 4
that such reasonable conditional use requirements applied to opioid 5
treatment programs are similarly applied to other essential public 6
facilities and health care settings. Pursuant to RCW 36.70A.200, no 7
local comprehensive plan or development regulation may preclude the 8
siting of essential public facilities;9
(c) Not discriminate in its licensing or certification decision 10
on the basis of the corporate structure of the applicant;11
(d) Consider the size of the population in need of treatment in 12
the area in which the program would be located and license or certify 13
only applicants whose programs meet the necessary treatment needs of 14
that population;15
(e) Consider the availability of other certified opioid treatment 16
programs near the area in which the applicant proposes to locate the 17
program;18
(f) Consider the transportation systems that would provide 19
service to the program and whether the systems will provide 20
reasonable opportunities to access the program for persons in need of 21
treatment;22
(g) Consider whether the applicant has, or has demonstrated in 23
the past, the capability to provide the appropriate services to 24
assist the persons who utilize the program in meeting goals 25
established by the legislature in RCW 71.24.585. The department shall 26
prioritize licensing or certification to applicants who have 27
demonstrated such capability and are able to measure their success in 28
meeting such outcomes;29
(h) ((Hold one public hearing in the community in which the 30
facility is proposed to be located. The hearing shall be held at a 31
time and location that are most likely to permit the largest number 32
of interested persons to attend and present testimony. The department 33
shall notify all appropriate media outlets of the time, date, and 34
location of the hearing at least three weeks in advance of the 35
hearing)) Provide public notice to all appropriate media outlets in 36
the community in which the facility is proposed to be located that 37
states the applicant is proposing a facility in that community.38
(2) ((A)) No city or county legislative authority may impose a 39
maximum capacity for ((a)) an opioid treatment program ((of not less 40
p. 24 2E2SSB 5536.SLPage 176 of 249
than three hundred fifty participants if necessary to address 1
specific local conditions cited by the county)).2
(3) A program applying for licensing or certification from the 3
department and a program applying for a contract from a state agency 4
that has been denied the licensing or certification or contract shall 5
be provided with a written notice specifying the rationale and 6
reasons for the denial.7
(4) Opioid treatment programs may order, possess, dispense, and 8
administer medications approved by the United States food and drug 9
administration for the treatment of opioid use disorder, alcohol use 10
disorder, tobacco use disorder, and reversal of opioid overdose. For 11
an opioid treatment program to order, possess, and dispense any other 12
legend drug, including controlled substances, the opioid treatment 13
program must obtain additional licensure as required by the 14
department, except for patient-owned medications.15
(5) Opioid treatment programs may accept, possess, and administer 16
patient-owned medications.17
(6) Registered nurses and licensed practical nurses may dispense 18
up to a ((thirty-one)) 31 day supply of medications approved by the 19
United States food and drug administration for the treatment of 20
opioid use disorder to patients of the opioid treatment program, 21
under an order or prescription and in compliance with 42 C.F.R. Sec. 22
8.12.23
(7) A mobile or fixed-site medication unit may be established as 24
part of a licensed opioid treatment program.25
(8) For the purpose of this chapter, "opioid treatment program" 26
means a program that:27
(a) Engages in the treatment of opioid use disorder with 28
medications approved by the United States food and drug 29
administration for the treatment of opioid use disorder and reversal 30
of opioid overdose, including methadone; and31
(b) Provides a comprehensive range of medical and rehabilitative 32
services.33
NEW SECTION. Sec. 15. A new section is added to chapter 43.330 34
RCW to read as follows:35
(1) Subject to funds appropriated for this specific purpose, a 36
program is established in the department to fund the construction 37
costs necessary to start up substance use disorder treatment and 38
p. 25 2E2SSB 5536.SLPage 177 of 249
services programs and recovery housing in regions of the state that 1
currently lack access to such programs.2
(2) This funding must be used to increase the number of substance 3
use disorder treatment and services programs and recovery housing in 4
underserved areas such as central and eastern Washington and rural 5
areas.6
NEW SECTION. Sec. 16. RCW 10.31.115 (Drug possession—Referral 7
to assessment and services) and 2021 c 311 s 13 are each repealed.8
Part V – Funding, Promotion, and Training for Recovery Residences9
NEW SECTION. Sec. 17. A new section is added to chapter 71.24 10
RCW to read as follows:11
Subject to the availability of funds appropriated for this 12
specific purpose, the authority shall:13
(1) Make sufficient funding available to support establishment of 14
an adequate and equitable stock of recovery residences in each region 15
of the state;16
(2) Establish a voucher program to allow accredited recovery 17
housing operators to hold bed space for individuals who are waiting 18
for treatment;19
(3) Conduct outreach to underserved and rural areas to support 20
the development of recovery housing, including adequate resources for 21
women, LGBTQIA+ communities, Black, indigenous, and other people of 22
color communities, immigrant communities, and youth; and23
(4) Develop a training for housing providers by January 1, 2024, 24
to assist them with providing appropriate service to LGBTQIA+ 25
communities, Black, indigenous, and other people of color 26
communities, and immigrant communities, including consideration of 27
topics like harassment, communication, antiracism, diversity, and 28
gender affirming behavior, and ensure applicants for grants or loans 29
related to recovery residences receive access to the training.30
Sec. 18. RCW 84.36.043 and 1998 c 174 s 1 are each amended to 31
read as follows:32
(1) The real and personal property used by a nonprofit 33
organization in providing emergency or transitional housing for low-34
income homeless persons as defined in RCW 35.21.685 or 36.32.415 or 35
p. 26 2E2SSB 5536.SLPage 178 of 249
victims of domestic violence who are homeless for personal safety 1
reasons is exempt from taxation if:2
(a) The charge, if any, for the housing does not exceed the 3
actual cost of operating and maintaining the housing; and4
(b)(i) The property is owned by the nonprofit organization; or5
(ii) The property is rented or leased by the nonprofit 6
organization and the benefit of the exemption inures to the nonprofit 7
organization.8
(2) The real and personal property used by a nonprofit 9
organization in maintaining an approved recovery residence registered 10
under RCW 41.05.760 is exempt from taxation if:11
(a) The charge for the housing does not exceed the actual cost of 12
operating and maintaining the housing; and13
(b)(i) The property is owned by the nonprofit organization; or14
(ii) The property is rented or leased by the nonprofit 15
organization and the benefit of the exemption inures to the nonprofit 16
organization.17
(3) As used in this section:18
(a) "Homeless" means persons, including families, who, on one 19
particular day or night, do not have decent and safe shelter nor 20
sufficient funds to purchase or rent a place to stay.21
(b) "Emergency housing" means a project that provides housing and 22
supportive services to homeless persons or families for up to sixty 23
days.24
(c) "Transitional housing" means a project that provides housing 25
and supportive services to homeless persons or families for up to two 26
years and that has as its purpose facilitating the movement of 27
homeless persons and families into independent living.28
(((3))) (d) "Recovery residence" has the same meaning as under 29
RCW 41.05.760.30
(4) The exemption in subsection (2) of this section applies to 31
taxes levied for collection in calendar years 2024 through 2033.32
(5) This exemption is subject to the administrative provisions 33
contained in RCW 84.36.800 through 84.36.865.34
NEW SECTION. Sec. 19. (1) This section is the tax preference 35
performance statement for the tax preference contained in section 18, 36
chapter . . ., Laws of 2023 [sp. sess.] (section 18 of this act). 37
This performance statement is only intended to be used for subsequent 38
evaluation of the tax preference. It is not intended to create a 39
p. 27 2E2SSB 5536.SLPage 179 of 249
private right of action by any party or to be used to determine 1
eligibility for preferential tax treatment.2
(2) The legislature categorizes this tax preference as one 3
intended to provide tax relief for certain businesses or individuals, 4
as indicated in RCW 82.32.808(2)(e).5
(3) By exempting property used by nonprofit organizations 6
maintaining approved recovery residences, it is the legislature's 7
specific public policy objective to maximize funding for recovery 8
residences to the extent possible, thereby increasing availability of 9
such residences.10
(4) To measure the effectiveness of the tax exemption provided in 11
section 18 of this act in achieving the specific public policy 12
objectives described in subsection (3) of this section, the joint 13
legislative audit and review committee must evaluate:14
(a) Annual changes in the total number of parcels qualifying for 15
the exemption under section 18 of this act;16
(b) The amount of annual property tax relief resulting from the 17
tax exemption under section 18 of this act;18
(c) The average annual number of people housed at recovery 19
residences located on property qualifying for the exemption under 20
section 18 of this act;21
(d) The annualized amount charged for housing at recovery 22
residences located on property qualifying for the exemption under 23
section 18 of this act and the annualized estimated increase in the 24
charge for housing if the properties had not been eligible for the 25
exemption; and26
(e) The annual amount of expenditures by nonprofits to maintain 27
recovery residences located on property qualifying for the exemption 28
under section 18 of this act.29
(5) The legislature intends to extend the expiration date of the 30
property tax exemption under section 18 of this act if the review by 31
the joint legislative audit and review committee finds that:32
(a) The number of properties qualifying for the exemption under 33
section 18 of this act has increased;34
(b) The number of individuals using recovery housing located on 35
property qualifying for the exemption under section 18 of this act 36
has increased; and37
(c) The amount charged for recovery housing is reasonably 38
consistent with the actual cost of operating and maintaining the 39
housing.40
p. 28 2E2SSB 5536.SLPage 180 of 249
(6) In order to obtain the data necessary to perform the review 1
in subsection (4) of this section, the joint legislative audit and 2
review committee may refer to:3
(a) Initial applications for the tax exemption under section 18 4
of this act as approved by the department of revenue under RCW 5
84.36.815;6
(b) Annual financial statements prepared by nonprofit entities 7
claiming the tax exemption under section 18 of this act;8
(c) Filings with the federal government to maintain federal tax 9
exempt status by nonprofit organizations claiming the tax exemption 10
under section 18 of this act; and11
(d) Any other data necessary for the evaluation under subsection 12
(4) of this section.13
Part VI – Training for Parents of Children with Substance Use Disorder 14
and Caseworkers Within the Department of Children, Youth, and 15
Families16
NEW SECTION. Sec. 20. A new section is added to chapter 71.24 17
RCW to read as follows:18
(1) The authority, in consultation with the department of 19
children, youth, and families, shall develop a training for parents 20
of adolescents and transition age youth with substance use disorders 21
by June 30, 2024, which training must build on and be consistent and 22
compatible with existing training developed by the authority for 23
families impacted by substance use disorder, and addressing the 24
following:25
(a) Science and education related to substance use disorders and 26
recovery;27
(b) Adaptive and functional communication strategies for 28
communication with a loved one about their substance use disorder, 29
including positive communication skills and strategies to influence 30
motivation and behavioral change;31
(c) Self-care and means of obtaining support;32
(d) Means to obtain opioid overdose reversal medication when 33
appropriate and instruction on proper use; and34
(e) Suicide prevention.35
(2) The authority and the department of children, youth, and 36
families shall make this training publicly available, and the 37
department of children, youth, and families must promote the training 38
p. 29 2E2SSB 5536.SLPage 181 of 249
to licensed foster parents and caregivers, including any tribally 1
licensed foster parents and tribal caregivers.2
NEW SECTION. Sec. 21. A new section is added to chapter 43.216 3
RCW to read as follows:4
The department shall provide opioid overdose reversal medication 5
and training in the use of such medication to all department staff 6
whose job duties require in-person service or case management for 7
child welfare or juvenile rehabilitation clients.8
Part VII – Recovery Navigator Programs9
NEW SECTION. Sec. 22. A new section is added to chapter 71.24 10
RCW to read as follows:11
(1) The authority must develop and implement a data integration 12
platform by June 30, 2025, to support recovery navigator programs, 13
law enforcement assisted diversion programs, arrest and jail 14
alternative programs, and similar diversion efforts. The data 15
integration platform shall:16
(a) Serve as a statewide common database available for tracking 17
diversion efforts across the state;18
(b) Serve as a data collection and management tool for 19
practitioners, allowing practitioners to input data and information 20
relating to the utilization and outcomes of pretrial diversions, 21
including whether such diversions were terminated, were successfully 22
completed and resulted in dismissal, or are still ongoing;23
(c) Assist in standardizing definitions and practices; and24
(d) Track pretrial diversion participants by race, ethnicity, 25
gender, gender expression or identity, disability status, and age.26
(2) If possible, the authority must leverage and interact with 27
existing platforms already in use in efforts funded by the authority. 28
The authority must establish a quality assurance process for 29
behavioral health administrative services organizations and employ 30
data validation for fields in the data collection workbook. The 31
authority must engage and consult with the law enforcement assisted 32
diversion national support bureau on data integration approaches, 33
platforms, quality assurance protocols, and validation practices.34
(3) Information submitted to the data integration platform is 35
exempt from public disclosure requirements under chapter 42.56 RCW.36
p. 30 2E2SSB 5536.SLPage 182 of 249
Sec. 23. RCW 42.56.360 and 2020 c 323 s 2 are each amended to 1
read as follows:2
(1) The following health care information is exempt from 3
disclosure under this chapter:4
(a) Information obtained by the pharmacy quality assurance 5
commission as provided in RCW 69.45.090;6
(b) Information obtained by the pharmacy quality assurance 7
commission or the department of health and its representatives as 8
provided in RCW 69.41.044, 69.41.280, and 18.64.420;9
(c) Information and documents created specifically for, and 10
collected and maintained by a quality improvement committee under RCW 11
43.70.510, 70.230.080, or 70.41.200, or by a peer review committee 12
under RCW 4.24.250, or by a quality assurance committee pursuant to 13
RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 14
43.70.056, for reporting of health care-associated infections under 15
RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), 16
and reports regarding adverse events under RCW 70.56.020(2)(b), 17
regardless of which agency is in possession of the information and 18
documents;19
(d)(i) Proprietary financial and commercial information that the 20
submitting entity, with review by the department of health, 21
specifically identifies at the time it is submitted and that is 22
provided to or obtained by the department of health in connection 23
with an application for, or the supervision of, an antitrust 24
exemption sought by the submitting entity under RCW 43.72.310;25
(ii) If a request for such information is received, the 26
submitting entity must be notified of the request. Within ten 27
business days of receipt of the notice, the submitting entity shall 28
provide a written statement of the continuing need for 29
confidentiality, which shall be provided to the requester. Upon 30
receipt of such notice, the department of health shall continue to 31
treat information designated under this subsection (1)(d) as exempt 32
from disclosure;33
(iii) If the requester initiates an action to compel disclosure 34
under this chapter, the submitting entity must be joined as a party 35
to demonstrate the continuing need for confidentiality;36
(e) Records of the entity obtained in an action under RCW 37
18.71.300 through 18.71.340;38
(f) Complaints filed under chapter 18.130 RCW after July 27, 39
1997, to the extent provided in RCW 18.130.095(1);40
p. 31 2E2SSB 5536.SLPage 183 of 249
(g) Information obtained by the department of health under 1
chapter 70.225 RCW;2
(h) Information collected by the department of health under 3
chapter 70.245 RCW except as provided in RCW 70.245.150;4
(i) Cardiac and stroke system performance data submitted to 5
national, state, or local data collection systems under RCW 6
70.168.150(2)(b);7
(j) All documents, including completed forms, received pursuant 8
to a wellness program under RCW 41.04.362, but not statistical 9
reports that do not identify an individual;10
(k) Data and information exempt from disclosure under RCW 11
43.371.040; ((and))12
(l) Medical information contained in files and records of members 13
of retirement plans administered by the department of retirement 14
systems or the law enforcement officers' and firefighters' plan 2 15
retirement board, as provided to the department of retirement systems 16
under RCW 41.04.830; and17
(m) Data submitted to the data integration platform under section 18
22 of this act.19
(2) Chapter 70.02 RCW applies to public inspection and copying of 20
health care information of patients.21
(3)(a) Documents related to infant mortality reviews conducted 22
pursuant to RCW 70.05.170 are exempt from disclosure as provided for 23
in RCW 70.05.170(3).24
(b)(i) If an agency provides copies of public records to another 25
agency that are exempt from public disclosure under this subsection 26
(3), those records remain exempt to the same extent the records were 27
exempt in the possession of the originating entity.28
(ii) For notice purposes only, agencies providing exempt records 29
under this subsection (3) to other agencies may mark any exempt 30
records as "exempt" so that the receiving agency is aware of the 31
exemption, however whether or not a record is marked exempt does not 32
affect whether the record is actually exempt from disclosure.33
(4) Information and documents related to maternal mortality 34
reviews conducted pursuant to RCW 70.54.450 are confidential and 35
exempt from public inspection and copying.36
NEW SECTION. Sec. 24. A new section is added to chapter 71.24 37
RCW to read as follows:38
p. 32 2E2SSB 5536.SLPage 184 of 249
(1) The authority shall contract with the Washington state 1
institute for public policy to conduct a study of the long-term 2
effectiveness of the recovery navigator programs under RCW 71.24.115 3
and law enforcement assisted diversion programs under RCW 71.24.589 4
implemented in Washington state, with reports due by June 30, 2028, 5
June 30, 2033, and June 30, 2038, and an assessment as described 6
under subsection (2) of this section. The Washington state institute 7
for public policy shall collaborate with the authority and the 8
substance use recovery services advisory committee under RCW 9
71.24.546 on the topic of data collection and to determine the 10
parameters of the report, which shall include:11
(a) Recidivism rates for recovery navigator and law enforcement 12
assisted diversion program participants, including a comparison 13
between individuals who did and did not use the pretrial diversion 14
program under section 9 of this act, and outcomes for these 15
individuals;16
(b) Trends or disparities in utilization of the recovery 17
navigator and LEAD programs and outcomes based on race, ethnicity, 18
gender, gender expression or identity, disability status, age, and 19
other appropriate characteristics; and20
(c) Recommendations, if any, for modification and improvement of 21
the recovery navigator program or law enforcement assisted diversion 22
programs.23
(2)(a) The Washington state institute for public policy shall, in 24
consultation with the authority and other key stakeholders, conduct a 25
descriptive assessment of the current status of statewide recovery 26
navigator programs and the degree to which the implementation of 27
these programs reflects fidelity to the core principles of the law 28
enforcement assisted diversion program as established by the law 29
enforcement assisted diversion national support bureau in its toolkit 30
as it existed on July 1, 2023, which shall include:31
(i) The results of the law enforcement assisted diversion 32
standards fidelity index analysis, conducted by an independent 33
research scientist with expertise in law enforcement assisted 34
diversion evaluation, including findings with respect to each 35
standard assessed, for each recovery navigator program, in each 36
behavioral health administrative services organization region;37
(ii) Reports on utilization of technical support from the law 38
enforcement assisted diversion national support bureau by recovery 39
p. 33 2E2SSB 5536.SLPage 185 of 249
navigator program contractors, the authority, and behavioral health 1
administrative services organizations; and2
(iii) Barriers to achieving fidelity to core principles.3
(b) The report shall also describe law enforcement assisted 4
diversion programs in Washington state that are not affiliated with 5
recovery navigator programs.6
(c) The report may include recommendations for changes to 7
recovery navigator programs reported by recovery navigator program 8
administrators, stakeholders, or participants.9
(d) The authority, behavioral health administrative services 10
organizations, and other recovery navigator program administrators 11
shall cooperate with the institute in making this assessment.12
(e) The institute shall submit this assessment to the governor 13
and relevant committees of the legislature by June 30, 2024.14
(3) The authority shall cooperate with the Washington state 15
institute for public policy to provide data for the assessment and 16
reports under this section.17
(4) The authority must establish an expedited preapproval process 18
by August 1, 2023, that allows requests for the use of data to be 19
forwarded to the Washington state institutional review board without 20
delay when the request is made by the Washington state institute for 21
public policy for the purpose of completing a study that has been 22
directed by the legislature.23
Sec. 25. RCW 71.24.115 and 2021 c 311 s 2 are each amended to 24
read as follows:25
(1) Each behavioral health administrative services organization 26
shall establish ((a)) recovery navigator ((program)) programs with 27
the goal of providing law enforcement and other criminal legal system 28
personnel with a credible alternative to further legal system 29
involvement for criminal activity that stems from unmet behavioral 30
health needs or poverty. The programs shall work to improve community 31
health and safety by reducing individuals' involvement with the 32
criminal legal system through the use of specific human services 33
tools and in coordination with community input. Each program must 34
include a dedicated project manager and be governed by a policy 35
coordinating group comprised, in alignment with the core principles, 36
of local executive and legislative officials, public safety agencies, 37
including police and prosecutors, and civil rights, public defense, 38
and human services organizations.39
p. 34 2E2SSB 5536.SLPage 186 of 249
(2) The recovery navigator programs shall be organized on a scale 1
that permits meaningful engagement, collaboration, and coordination 2
with local law enforcement and municipal agencies through the policy 3
coordinating groups. The ((program)) programs shall provide 4
community-based outreach, intake, assessment, and connection to 5
services and, as appropriate, long-term intensive case management and 6
recovery coaching services, to youth and adults with substance use 7
disorder, including for persons with co-occurring substance use 8
disorders and mental health conditions, who are referred to the 9
program from diverse sources and shall facilitate and coordinate 10
connections to a broad range of community resources for youth and 11
adults with substance use disorder, including treatment and recovery 12
support services. Recovery navigator programs must serve and 13
prioritize individuals who are actually or potentially exposed to the 14
criminal legal system with respect to unlawful behavior connected to 15
substance use or other behavioral health issues.16
(((2) The)) (3) By June 30, 2024, the authority shall 17
((establish)) revise its uniform program standards for behavioral 18
health administrative services organizations to follow in the design 19
of their recovery navigator programs to achieve fidelity with the 20
core principles. The uniform program standards must be modeled upon 21
the components of the law enforcement assisted diversion program and 22
address project management, field engagement, biopsychosocial 23
assessment, intensive case management and care coordination, 24
stabilization housing when available and appropriate, and, as 25
necessary, legal system coordination for participants' legal cases 26
that may precede or follow referral to the program. The uniform 27
program standards must incorporate the law enforcement assisted 28
diversion framework for diversion at multiple points of engagement 29
with the criminal legal system, including prearrest, prebooking, 30
prefiling, and for ongoing case conferencing with law enforcement, 31
prosecutors, community stakeholders, and program case managers. The 32
authority must adopt the uniform program standards from the 33
components of the law enforcement assisted diversion program to 34
accommodate an expanded population of persons with substance use 35
disorders, including persons with co-occurring substance use 36
disorders and mental health conditions, ((and allow)) provide for 37
referrals from a broad range of sources, and require prioritization 38
of those who are or likely will be exposed to the criminal legal 39
system related to their behavioral health challenges. In addition to 40
p. 35 2E2SSB 5536.SLPage 187 of 249
accepting referrals from law enforcement and courts of limited 1
jurisdiction, the uniform program standards must provide guidance for 2
accepting referrals on behalf of persons with substance use 3
disorders, including persons with co-occurring substance use 4
disorders and mental health conditions, from various sources 5
including, but not limited to, self-referral, family members of the 6
individual, emergency department personnel, persons engaged with 7
serving homeless persons, including those living unsheltered or in 8
encampments, fire department personnel, emergency medical service 9
personnel, community-based organizations, members of the business 10
community, harm reduction program personnel, faith-based organization 11
staff, and other sources within the criminal legal system, ((as 12
outlined)) so that individuals are engaged as early as possible 13
within the sequential intercept model. In developing response time 14
requirements within the statewide program standards, the authority 15
shall require, subject to the availability of amounts appropriated 16
for this specific purpose, that responses to referrals from law 17
enforcement occur immediately for in-custody referrals and shall 18
strive for rapid response times to other appropriate settings such as 19
emergency departments and courts of limited jurisdiction.20
(((3))) (4) Subject to the availability of amounts appropriated 21
for this specific purpose, the authority shall provide funding to 22
each behavioral health administrative services organization for the 23
((development of its)) continuation of and, as required by this 24
section, the revisions to and reorganization of the recovery 25
navigator ((program)) programs they fund. Before receiving funding 26
for implementation and ongoing administration, each behavioral health 27
administrative services organization must submit a program plan that 28
demonstrates the ability to fully comply with statewide program 29
standards. The authority shall establish a schedule for the regular 30
review of recovery navigator programs funded by behavioral health 31
administrative services ((organizations' programs)) organizations. 32
The authority shall arrange for technical assistance to be provided 33
by the LEAD national support bureau to all behavioral health 34
administrative services organizations, the authority, contracted 35
providers, and independent stakeholders and partners, such as 36
prosecuting attorneys and law enforcement.37
(((4))) (5) Each behavioral health administrative services 38
organization must have a substance use disorder regional 39
administrator for its recovery navigator program. The regional 40
p. 36 2E2SSB 5536.SLPage 188 of 249
administrator shall be responsible for assuring compliance with 1
program standards, including staffing standards. Each recovery 2
navigator program must maintain a sufficient number of appropriately 3
trained personnel for providing intake and referral services, 4
conducting comprehensive biopsychosocial assessments, providing 5
intensive case management services, and making warm handoffs to 6
treatment and recovery support services along the continuum of care. 7
Program staff must include people with lived experience with 8
substance use disorder to the extent possible. The substance use 9
disorder regional administrator must assure that staff who are 10
conducting intake and referral services and field assessments are 11
paid a livable and competitive wage and have appropriate initial 12
training and receive continuing education.13
(((5))) (6) Each recovery navigator program must submit quarterly 14
reports to the authority with information identified by the authority 15
and the substance use recovery services advisory committee. The 16
reports must be provided to the substance use recovery services 17
advisory committee for discussion at meetings following the 18
submission of the reports.19
(7) No civil liability may be imposed by any court on the state 20
or its officers or employees, an appointed or elected official, 21
public employee, public agency as defined in RCW 4.24.470, 22
combination of units of government and its employees as provided in 23
RCW 36.28A.010, nonprofit community-based organization, tribal 24
government entity, tribal organization, or urban Indian organization, 25
based on the administration of a recovery navigator program except 26
upon proof of bad faith or gross negligence.27
(8) For the purposes of this section, the term "core principles" 28
means the core principles of a law enforcement assisted diversion 29
program, as established by the law enforcement assisted diversion 30
national support bureau in its toolkit, as it existed on July 1, 31
2023.32
Part VIII – Establishing a Pilot Program for Health Engagement Hubs33
NEW SECTION. Sec. 26. A new section is added to chapter 71.24 34
RCW to read as follows:35
(1)(a) The authority shall implement a pilot program for health 36
engagement hubs by August 1, 2024. The pilot program will test the 37
functionality and operability of health engagement hubs, including 38
p. 37 2E2SSB 5536.SLPage 189 of 249
whether and how to incorporate and build on existing medical, harm 1
reduction, treatment, and social services in order to create an all-2
in-one location where people who use drugs can access such services.3
(b) Subject to amounts appropriated, the authority shall 4
establish pilot programs on at least two sites, with one site located 5
in an urban area and one located in a rural area.6
(c) The authority shall report on the pilot program results, 7
including recommendations for expansion, and rules and payment 8
structures, to the legislature no later than August 1, 2026.9
(2) The authority shall develop payment structures for health 10
engagement hubs by June 30, 2024. Subject to the availability of 11
funds appropriated for this purpose, and to the extent allowed under 12
federal law, the authority shall direct medicaid managed care 13
organizations to adopt a value-based bundled payment methodology in 14
contracts with health engagement hubs and other opioid treatment 15
providers. The authority shall not implement this requirement in 16
managed care contracts unless expressly authorized by the 17
legislature.18
(3) A health engagement hub is intended to:19
(a) Serve as an all-in-one location where people 18 years of age 20
or older who use drugs can access a range of medical, harm reduction, 21
treatment, and social services;22
(b) Be affiliated with existing syringe service programs, 23
federally qualified health centers, community health centers, 24
overdose prevention sites, safe consumption sites, patient-centered 25
medical homes, tribal behavioral health programs, peer run 26
organizations such as clubhouses, services for unhoused people, 27
supportive housing, and opioid treatment programs including mobile 28
and fixed-site medication units established under an opioid treatment 29
program, or other appropriate entity;30
(c) Provide referrals or access to methadone and other 31
medications for opioid use disorder;32
(d) Function as a patient-centered medical home by offering high-33
quality, cost-effective patient-centered care, including wound care;34
(e) Provide harm reduction services and supplies; and35
(f) Provide linkage to housing, transportation, and other support 36
services.37
Part IX – Education and Employment Pathways38
p. 38 2E2SSB 5536.SLPage 190 of 249
NEW SECTION. Sec. 27. A new section is added to chapter 71.24 1
RCW to read as follows:2
Subject to funding provided for this specific purpose, the 3
authority shall establish a grant program for providers of 4
employment, education, training, certification, and other supportive 5
programs designed to provide persons recovering from a substance use 6
disorder with employment and education opportunities. The grant 7
program shall employ a low-barrier application and give priority to 8
programs that engage with black, indigenous, persons of color, and 9
other historically underserved communities.10
Part X – Providing a Statewide Directory of Recovery Services11
NEW SECTION. Sec. 28. A new section is added to chapter 71.24 12
RCW to read as follows:13
Subject to funding provided for this specific purpose, the 14
authority must collaborate with the department and the department of 15
social and health services to expand the Washington recovery helpline 16
and the recovery readiness asset tool to provide a dynamically 17
updated statewide behavioral health treatment and recovery support 18
services mapping tool that includes a robust resource database for 19
those seeking services and a referral system to be incorporated 20
within the locator tool to help facilitate the connection between an 21
individual and a facility that is currently accepting new referrals. 22
The tool must include dual interface capability, one for public 23
access and one for internal use and management.24
Part XI – Investing Adequately in Statewide Diversion Services25
NEW SECTION. Sec. 29. The appropriations in this section are 26
provided to the department of health and are subject to the following 27
conditions and limitations:28
The following sums, or so much thereof as may be necessary, are 29
each appropriated: $47,000 from the state general fund-local for the 30
fiscal biennium ending June 30, 2025; and $13,000 from the health 31
professions account for the fiscal biennium ending June 30, 2025. The 32
amounts in this section are provided solely for the department of 33
health to adopt rules related to mobile medication units and conduct 34
inspections for such units under RCW 71.24.590.35
p. 39 2E2SSB 5536.SLPage 191 of 249
NEW SECTION. Sec. 30. The appropriations in this section are 1
provided to the department of revenue and are subject to the 2
following conditions and limitations:3
The following sums, or so much thereof as may be necessary, are 4
each appropriated: $594,000 from the state general fund for the 5
fiscal year ending June 30, 2024; and $140,000 from the state general 6
fund for the fiscal year ending June 30, 2025. The amounts in this 7
section are provided solely for the department of revenue to 8
administer the recovery residence tax exemption created in RCW 9
84.36.043.10
NEW SECTION. Sec. 31. The appropriation in this section is 11
provided to the joint legislative audit and review committee and is 12
subject to the following conditions and limitations:13
The sum of $23,000, or as much thereof as may be necessary, is 14
appropriated for the fiscal biennium ending June 30, 2025, from the 15
performance audits of government account. The amount in this section 16
is provided solely for the purposes of conducting a tax preference 17
review of the property tax exemption for recovery residences under 18
RCW 84.36.043.19
NEW SECTION. Sec. 32. The appropriation in this section is 20
provided to the Washington state patrol and is subject to the 21
following conditions and limitations:22
The following sums, or so much thereof as may be necessary, are 23
each appropriated: $813,000 from the state general fund for the 24
fiscal year ending June 30, 2024; and $450,000 from the state general 25
fund for the fiscal year ending June 30, 2025. The amounts in this 26
section are provided solely to support the Washington state patrol 27
bureau of forensic laboratory services in completing the necessary 28
analysis for any evidence submitted for a suspected violation of RCW 29
69.50.4011(1)(b), 69.50.4013, or 69.41.030 within 45 days of receipt 30
of the request for analysis.31
NEW SECTION. Sec. 33. The appropriations in this section are 32
provided to the state health care authority and are subject to the 33
following conditions and limitations:34
(1) The following sums, or so much thereof as may be necessary, 35
are each appropriated: $3,600,000 from the opioid abatement 36
settlement account for the fiscal biennium ending June 30, 2025; 37
p. 40 2E2SSB 5536.SLPage 192 of 249
$700,000 from the state general fund for the fiscal year ending June 1
30, 2024; and $700,000 from the state general fund for the fiscal 2
year ending June 30, 2025. The amounts in this subsection are 3
provided solely for the purposes of maintaining a memorandum of 4
understanding with the criminal justice training commission to 5
provide ongoing funding for community grants under RCW 36.28A.450.6
(2) The following sums, or so much thereof as may be necessary, 7
are each appropriated: $3,783,000 from the opioid abatement 8
settlement account for the fiscal biennium ending June 30, 2025; and 9
$3,810,000 from the general fund-federal for the fiscal biennium 10
ending June 30, 2025. The amounts in this subsection are provided 11
solely for the administration of this act.12
(3) The following sums, or so much thereof as may be necessary, 13
are each appropriated: $1,000,000 from the state general fund for the 14
fiscal year ending June 30, 2024; and $1,000,000 from the state 15
general fund for the fiscal year ending June 30, 2025. The amounts in 16
this subsection are provided solely for the authority to award grants 17
to crisis services providers to establish and expand 23-hour crisis 18
relief center capacity. It is the intent of the legislature that 19
grants are awarded to an equivalent number of providers to the west 20
and the east of the Cascade mountains. The authority must consider 21
the geographic distribution of proposed grant applicants and the 22
regional need for 23-hour crisis relief centers when awarding grant 23
funds.24
(4) The sum of $4,000,000, or as much thereof as may be 25
necessary, is appropriated for the fiscal biennium ending June 30, 26
2025, from the opioid abatement settlement account. The amount in 27
this subsection is provided solely for the authority to establish a 28
health engagement hub pilot program to include both urban and rural 29
locations under section 26 of this act.30
(5) The sum of $3,768,000, or as much thereof as may be 31
necessary, is appropriated for the fiscal biennium ending June 30, 32
2025, from the opioid abatement settlement account. The amount in 33
this subsection is provided solely for the authority to increase the 34
number of mobile methadone units operated by existing opioid 35
treatment providers, increase the number of opioid treatment provider 36
fixed medication units operated by existing opioid treatment 37
providers, and to expand opioid treatment programs with a 38
prioritization for rural areas.39
p. 41 2E2SSB 5536.SLPage 193 of 249
(6) The sum of $5,242,000, or as much thereof as may be 1
necessary, is appropriated for the fiscal biennium ending June 30, 2
2025, from the opioid abatement settlement account. The amount in 3
this subsection is provided solely for the authority to provide 4
grants to providers of employment and educational services to 5
individuals with substance use disorder under section 27 of this act.6
(7) The following sums, or so much thereof as may be necessary, 7
are each appropriated: $750,000 from the state general fund for the 8
fiscal year ending June 30, 2024; $750,000 from the state general 9
fund for the fiscal year ending June 30, 2025; and $500,000 from the 10
opioid abatement settlement account for the fiscal biennium ending 11
June 30, 2025. The amounts in this subsection are provided solely for 12
the authority to provide grants to support substance use disorder 13
family navigator programs.14
(8) The following sums, or so much thereof as may be necessary, 15
are each appropriated: $3,750,000 from the state general fund for the 16
fiscal year ending June 30, 2024; and $3,750,000 from the state 17
general fund for the fiscal year ending June 30, 2025. The amounts in 18
this subsection are provided solely for the authority to provide 19
short-term housing vouchers for individuals with substance use 20
disorders, with a focus on providing such resources to people in the 21
five most populous counties of the state.22
(9) The following sums, or so much thereof as may be necessary, 23
are each appropriated: $2,000,000 from the state general fund for the 24
fiscal year ending June 30, 2024; and $2,000,000 from the state 25
general fund for the fiscal year ending June 30, 2025. The amounts in 26
this subsection are provided solely for the authority to provide 27
grants for the operational costs of new staffed recovery residences 28
which serve individuals with substance use disorders who require more 29
support than a level 1 recovery residence, with a focus on providing 30
grants to recovery residences which serve individuals in the five 31
most populous counties of the state.32
(10) The following sums, or so much thereof as may be necessary, 33
are each appropriated: $1,000,000 from the state general fund for the 34
fiscal year ending June 30, 2024; and $1,000,000 from the state 35
general fund for the fiscal year ending June 30, 2025. The amounts in 36
this subsection are provided solely for the authority to support the 37
provision of behavioral health co-responder services on nonlaw 38
enforcement emergency medical response teams.39
p. 42 2E2SSB 5536.SLPage 194 of 249
(11) The following sums, or so much thereof as may be necessary, 1
are each appropriated: $250,000 from the state general fund for the 2
fiscal year ending June 30, 2024; and $250,000 from the state general 3
fund for the fiscal year ending June 30, 2025. The amounts in this 4
subsection are provided solely for the authority to continue and 5
increase a contract for services funded in section 215(127), chapter 6
297, Laws of 2022 (ESSB 5693) to provide information and support 7
related to safe housing and support services for youth exiting 8
inpatient mental health and/or substance use disorder facilities to 9
stakeholders, inpatient treatment facilities, young people, and other 10
community providers that serve unaccompanied youth and young adults.11
(12) The following sums, or so much thereof as may be necessary, 12
are each appropriated: $2,500,000 from the state general fund for the 13
fiscal year ending June 30, 2024; and $2,500,000 from the state 14
general fund for the fiscal year ending June 30, 2025. The amounts in 15
this subsection are provided solely for the authority to award 16
contracts through the grant program for law enforcement assisted 17
diversion under RCW 71.24.589.18
NEW SECTION. Sec. 34. The appropriations in this section are 19
provided to the department of commerce and are subject to the 20
following conditions and limitations:21
The following sums, or so much thereof as may be necessary, are 22
each appropriated: $1,500,000 from the state general fund for the 23
fiscal year ending June 30, 2024; and $1,500,000 from the state 24
general fund for the fiscal year ending June 30, 2025. The amounts in 25
this section are provided solely for the office of homeless youth to 26
administer a competitive grant process to award funding to licensed 27
youth shelters, HOPE centers, and crisis residential centers to 28
provide behavioral health support services, including substance use 29
disorder services, for youth in crisis, and to increase funding for 30
current grantees.31
NEW SECTION. Sec. 35. The appropriations in this section are 32
provided to the office of public defense and are subject to the 33
following conditions and limitations:34
The following sums, or so much thereof as may be necessary, are 35
each appropriated: $3,000,000 from the state general fund for the 36
fiscal year ending June 30, 2024; and $6,000,000 from the state 37
general fund for the fiscal year ending June 30, 2025. The amounts in 38
p. 43 2E2SSB 5536.SLPage 195 of 249
this section are provided solely for the purpose of section 39 of 1
this act.2
Part XII – Streamlining Substance Use Disorder Treatment Assessments3
NEW SECTION. Sec. 36. A new section is added to chapter 71.24 4
RCW to read as follows:5
(1) The authority shall convene a work group to recommend changes 6
to systems, policies, and processes related to intake, screening, and 7
assessment for substance use disorder services, with the goal to 8
broaden the workforce capable of administering substance use disorder 9
assessments and to make the assessment process as brief as possible, 10
including only what is necessary to manage utilization and initiate 11
care. The assessment shall be low barrier, person-centered, and 12
amenable to administration in diverse health care settings and by a 13
range of health care professionals. The assessment shall consider the 14
person's self-identified needs and preferences when evaluating 15
direction of treatment and may include different components based on 16
the setting, context, and past experience with the client.17
(2) The work group must include care providers, payors, people 18
who use drugs, individuals in recovery from substance use disorder, 19
and other individuals recommended by the authority. The work group 20
shall present its recommendations to the governor and appropriate 21
committees of the legislature by December 1, 2024.22
Sec. 37. RCW 18.64.600 and 2020 c 244 s 2 are each amended to 23
read as follows:24
(1) The license of location for a pharmacy licensed under this 25
chapter may be extended to a remote dispensing site where technology 26
is used to dispense medications ((approved by the United States food 27
and drug administration)) used for the treatment of opioid use 28
disorder or its symptoms.29
(2) In order for a pharmacy to use remote dispensing sites, a 30
pharmacy must register each separate remote dispensing site with the 31
commission.32
(3) The commission shall adopt rules that establish minimum 33
standards for remote dispensing sites registered under this section. 34
The minimum standards shall address who may retrieve medications for 35
opioid use disorder stored in or at a remote dispensing site pursuant 36
to a valid prescription or chart order. The minimum standards must 37
p. 44 2E2SSB 5536.SLPage 196 of 249
require the pharmacy be responsible for stocking and maintaining a 1
perpetual inventory of the medications for opioid use disorder stored 2
in or at the registered remote dispensing site. The dispensing 3
technology may be owned by either the pharmacy or the registered 4
remote dispensing site.5
(4) The secretary may adopt rules to establish a reasonable fee 6
for obtaining and renewing a registration issued under this section.7
(5) The registration issued under this section will be considered 8
as part of the pharmacy license issued under RCW 18.64.043. If the 9
underlying pharmacy license is not active, then the registration 10
shall be considered inoperable by operation of law.11
Part XIII - Health Care Authority Comprehensive Data Reporting12
Requirements13
NEW SECTION. Sec. 38. A new section is added to chapter 71.24 14
RCW to read as follows:15
(1) The authority is responsible for providing regular 16
assessments of the prevalence of substance use disorders and 17
interactions of persons with substance use disorder with service 18
providers, nonprofit service providers, first responders, health care 19
facilities, and law enforcement agencies. Beginning in 2026, the 20
annual report required in subsection (3)(a) of this section shall 21
include a comprehensive assessment of the information described in 22
this subsection for the prior calendar year.23
(2)(a) The authority shall identify the types and sources of data 24
necessary to implement the appropriate means and methods of gathering 25
data to provide the information required in subsection (1) of this 26
section.27
(b) The authority must provide a preliminary inventory report to 28
the governor and the legislature by December 1, 2023, and a final 29
inventory report by December 1, 2024. The reports must:30
(i) Identify existing types and sources of data available to the 31
authority to provide the information required in subsection (1) of 32
this section and what data are necessary but currently unavailable to 33
the authority;34
(ii) Include recommendations for new data connections, new data-35
sharing authority, and sources of data that are necessary to provide 36
the information required in subsection (1) of this section; and37
p. 45 2E2SSB 5536.SLPage 197 of 249
(iii) Include recommendations, including any necessary 1
legislation, regarding the development of reporting mechanisms 2
between the authority and service providers, nonprofit service 3
providers, health care facilities, law enforcement agencies, and 4
other state agencies to gather the information required in subsection 5
(1) of this section.6
(3)(a) Beginning July 1, 2024, and each July 1st thereafter until 7
July 1, 2028, the authority shall provide an implementation report to 8
the governor and the legislature regarding recovery residences, 9
recovery navigator programs, the health engagement pilot programs, 10
and the law enforcement assisted diversion grants program. The report 11
shall include:12
(i) The number of contracts awarded to law enforcement assisted 13
diversion programs, including the amount awarded in the contract, and 14
the names and service locations of contract recipients;15
(ii) The location of recovery residences, recovery navigator 16
programs, health engagement hub pilot programs, and law enforcement 17
assisted diversion programs;18
(iii) The scope and nature of services provided by recovery 19
navigator programs, health engagement hub pilot programs, and law 20
enforcement assisted diversion programs;21
(iv) The number of individuals served by recovery residences, 22
recovery navigator programs, health engagement hub pilot programs, 23
and law enforcement assisted diversion programs;24
(v) If known, demographic data concerning the utilization of 25
these services by overburdened and underrepresented communities; and26
(vi) The number of grants awarded to providers of employment, 27
education, training, certification, and other supportive programs, 28
including the amount awarded in each grant and the names of provider 29
grant recipients, as provided for in section 27 of this act.30
(b) The data obtained by the authority under this section shall 31
be integrated with the Washington state institute for public policy 32
report under section 24 of this act.33
(4) Beginning in the July 1, 2027, report in subsection (3)(a) of 34
this section, the authority shall provide:35
(a) The results and effectiveness of the authority's 36
collaboration with the department of health and the department of 37
social and health services to expand the Washington recovery helpline 38
and recovery readiness asset tool to provide a dynamically updated 39
statewide behavioral health treatment and recovery support services 40
p. 46 2E2SSB 5536.SLPage 198 of 249
mapping tool, including the results and effectiveness with respect to 1
overburdened and underrepresented communities, in accordance with 2
section 28 of this act;3
(b) The results and effectiveness of the authority's development 4
and implementation of a data integration platform to support recovery 5
navigator programs and to serve as a common database available for 6
diversion efforts across the state, including the results and 7
effectiveness with respect to overburdened and underrepresented 8
communities, as provided in section 22 of this act;9
(c) The effectiveness and outcomes of training developed and 10
provided by the authority in consultation with the department of 11
children, youth, and families, as provided in section 20 of this act; 12
and13
(d) The effectiveness and outcomes of training developed by the 14
authority for housing providers, as provided in section 17(4) of this 15
act.16
Part XIV - Public Defense Consultation and Representation for 17
Indigent Adults18
NEW SECTION. Sec. 39. A new section is added to chapter 2.70 19
RCW to read as follows:20
(1) Subject to amounts appropriated for this specific purpose, 21
the office of public defense may provide reimbursement of eligible 22
expenses or contract directly with indigent defense providers for 23
consultation and representation services for indigent adults facing 24
pending charges or charged with violations of RCW 69.50.4011(1) (b) 25
or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c), or 26
charged with offenses involving allegations of possession or public 27
use of a controlled substance, counterfeit substance, or legend drug, 28
in courts of limited jurisdiction in counties with a population of 29
500,000 or less and cities with a population of 200,000 or less. The 30
county or city may enter into an agreement with the office of public 31
defense for reimbursement of eligible expenses or designate the 32
office of public defense to contract directly with indigent defense 33
providers for consultation and representation services in their 34
jurisdiction.35
(2) Nothing in this section creates an entitlement to counsel at 36
state expense or a right by counties or cities for the provision of 37
p. 47 2E2SSB 5536.SLPage 199 of 249
services by the office of public defense that would exceed the 1
amounts appropriated for this specific purpose.2
Part XV - Miscellaneous Provisions3
NEW SECTION. Sec. 40. Section 6 of this act takes effect 4
January 1, 2025.5
Sec. 41. 2021 c 311 s 29 (uncodified) is amended to read as 6
follows:7
Sections 8 through 10((,)) and 12((, 15, and 16)) of this act 8
expire July 1, 2023.9
NEW SECTION. Sec. 42. Sections 1 through 5, 7 through 11, and 10
41 of this act are necessary for the immediate preservation of the 11
public peace, health, or safety, or support of the state government 12
and its existing public institutions, and take effect July 1, 2023.13
NEW SECTION. Sec. 43. If any provision of this act or its 14
application to any person or circumstance is held invalid, the 15
remainder of the act or the application of the provision to other 16
persons or circumstances is not affected.17
Passed by the Senate May 16, 2023.
Passed by the House May 16, 2023.
Approved by the Governor May 16, 2023.
Filed in Office of Secretary of State May 17, 2023.
--- END ---
p. 48 2E2SSB 5536.SLPage 200 of 249
AGENDA REPORT
FOR: City Council May 31, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 6/5/23
FROM: Adam Lincoln, Deputy City Manager
City Manager
SUBJECT: 2023 Washington State Legislative Session Update
I. REFERENCE(S):
2023 Pasco Legislative Priorities
2023 EOS Report
2023 End of Session PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Briahna Murray, Vice President Gordon Thomas Honeywell
Governmental Affairs
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The 2023 Washington State Legislative session convened on Monday, January
9th. The 2023 session is the first year of the two -year legislative biennium,
commonly referred to as the "long" session, the odd year session is scheduled
for 105 days. The long session focuses on the adoption of the biennial operating,
capital, and transportation budgets.
Gordon Thomas Honeywell Governmental Affairs (GTHGA) has been contracted
to assist in promoting the Council's legislative priorities to the legislature. In doing
so GTHGA assists in the development a comprehensive legislative agenda and
in furthering that agenda in Olympia by providing on -the-ground (or virtual)
presence in Olympia during session, monitoring the legislature throughout the
year, and advancing the City's legislative agenda.
Page 201 of 249
The City has benefited by maintaining a proactive posture with the legislature
regarding the interests of Pasco. One means by which Council has made its
concerns and interests known to the legislature, and specifically its legislative
delegation, is through the adoption of its City Legislative Priorities Statement.
The City of Pasco's 2023 Legislative Priorities list was approved by Resolution
No. 4267 at the November 7, 2022, Council Meeting.
V. DISCUSSION:
Ms. Murray will provide an up-to-date report on the status of legislation with the
State of Washington.
Page 202 of 249
The City requests $750,000 to renovate the nearly 50-year-old outdated Downtown Pasco North Plaza.
When combined with other downtown investments, the North Plaza will serve as a catalyst for Pasco’s
vibrant downtown and attract visitors to support small businesses and economic growth.
2023 State Legislative Priorities
DOWNTOWN PASCO NORTH PLAZA
The City requests $5 million as part of a public-private partnership to upgrade its PWRF to make it more
efficient and environmentally friendly. The total investment to upgrade the facility is $130 million.
PROCESS WATER REUSE FACILITY (PWRF)
The City joins communities throughout the state to request $24 million to improve publicly owned baseball
stadiums. The City of Pasco owns Gesa Stadium, a public gathering place, and is the home of the Dust
Devils. The Dust Devils attract 108,836 visitors to the Tri-Cities annually and are a fixture in the community.
Of the $24 million, $3 million would be allocated to improve Gesa Stadium.
GESA STADIUM
The City supports state funding to ensure housing is constructed to serve the community’s most vulnerable
populations. Additionally, the City supports state policies to allow the market to increase housing supply. The
City amended its zoning code to allow middle housing types in 80% of the city, and now asks the state to
remove other barriers to the construction of housing, such as relaxing condominium liability regulations,
reducing construction costs, and providing tax incentives.
HOUSING
Allocate $925,000 annually to fund two Basic Law Enforcement Academy classes in the Tri-Cities to
expedite the training of police officers once hired.
Increase funding for alternative response teams, treatment facilities for adults and juveniles, and funding
for social workers, treatment providers, and system navigators to help direct people to treatment.
Allow officers to take a custodial action for the possession of controlled substances, and fund adequate
treatment options.
Clarify that officers can engage in vehicular pursuits when appropriate.
The Pasco community has experienced a significant increase in crime. In response, the City requests:
PUBLIC SAFETY & BEHAVIORAL HEALTH
Funding to preserve and maintain the local transportation system
$3 million for the Road 76 Overcrossing Project
$8 million for the Broadmoor Bike/Ped Crossing over I-182
$1.5 million for State Route 12 Safety Improvements
$2 million for a feasibility study to allow access to I-182 from Hwy 395 to Argent
Fully fund grant programs, such as the WSDOT Bike/Ped Program, that will allow the City to receive
grant funds for eligible projects such as the Sylvester Street Overpass.
The City requests that the state make the following investments:
TRANSPORTATION
Page 203 of 249
FINANCE/GENERAL GOVERNMENT
State Shared Revenues Pasco supports preserving and enhancing state-shared revenue streams.
Local Control Pasco opposes any proposals that restrict, mandate, or otherwise interfere with the
city’s ability to make local decisions.
Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected
rather than appointed.
Labor Reform Pasco opposes legislation that increases labor costs.
Pet Adoption PRA Exemption Pasco supports legislation that would create an exemption from the Public Records
Act the disclosure of pet adoption information.
The City of Pasco Supports/Opposes
City Manager's Office
City of Pasco
509-545-3404
INFRASTRUCTURE & ECONOMIC DEVELOPMENT
Complete Streets Funding Pasco supports increased funding for complete streets grants.
Tri-Cities Mobility Pasco supports efforts to explore a third crossing over the Columbia River to improve
regional mobility throughout the Tri-Cities.
Lower Snake River Dams Pasco opposes the removal of dams along both the Columbia and Snake Rivers.
Economic Development Tools Pasco supports economic development tools to spur development downtown and in
key commercial corridors.
Public Works Assistance Account Pasco supports increased funding to the Public Works Assistance Account to fund
basic infrastructure like drinking and wastewater.
INFRASTRUCTURE & ECONOMIC DEVELOPMENT
Growth Management Act Paco opposes any proposals that create new planning obligations within the Growth
Management Act that are not coupled with adequate funding.
Pasco DNR Property
Pasco will continue working collaboratively with DNR to develop the commercially-
zoned properties west of Road 68. Pasco is opposed to DNR buying land within the
City’s UGA and asks that DNR divest itself of the undeveloped land it currently owns
within the UGA.
Annexation Pasco supports incentives that encourage annexation, including utilizing utility
extensions, and mechanisms that facilitate the annexation of unincorporated islands.
Water Rights Pasco supports legislation that increases the ability for cities to secure municipal water
rights.
Briahna Murray, Lobbyist
Gordon Thomas Honeywell, GR
253-310-5477 bmurray@gth-gov.comPage 204 of 249
Visibility + Safety Upgrades
When combined with other downtown investments like the Farmer’s
Market, the North Plaza will serve as a catalyst for Pasco’s vibrant
downtown and attract visitors to support small businesses and
economic growth.
The majority Hispanic and Latino population is reflected in the culture
of Downtown including many of the local businesses and festivals that
are Downtown’s strongest assets.
Downtown Pasco North Plaza
City Manager's Office
City of Pasco
509-545-3404
In partnership with community members and local businesses, the city has developed a
plan for Pasco’s downtown that will create and foster a culturally diverse and economically
vibrant neighborhood for businesses, residents, and visitors to enjoy.
$750,000 Request to Renovate the Downtown Pasco North Plaza
The project will improve visibility/safety through lighting upgrades, street furniture, signage, walkability
features, landscaping and hardscaping.
Partnership + Investments
In partnership with the state, $48.5 million has been invested in infrastructure in downtown Pasco (Lewis
Street Overpass, Renovation of Farmer’s Market, Lewis Streetscape), with an additional $12 million planned.
Briahna Murray, Lobbyist
Gordon Thomas Honeywell, GR
253-310-5477 bmurray@gth-gov.com
Capital Request Location
BEFORE AFTER
Page 205 of 249
Process Water Reuse Facility
City Manager's Office
City of Pasco
509-545-3404
The City requests $5 million as part of a public-private partnership to upgrade its Process
Water Reuse Facility to make it more efficient and environmentally sustainable.
Ask + Background
In the mid 1990’s, the City of Pasco, Port of Pasco and Franklin PUD partnered together to recruit food
processors to help grow and diversify our regional economy. This local partnership resulted in the
development of the Pasco Processing Center and construction of the Process Water Reuse Facility
(PWRF), which is now at capacity and showing its age. The City of Pasco has owned and operated the
PWRF since 1995, which currently treats and disposes of 1.2 billion gallons of water each year from six
different fruit and vegetable processors. This facility prevents discharges to the Columbia River from
industrial users, and instead, promotes the land application of pretreated effluent onto 16 farm circles, with
the benefits of eliminating the need for additional fertilizer and reducing the amount of water drawn from
aquifers for irrigation purposes.
With the state's assistance, the City recently expanded capacity of the PWRF by creating a new
wastewater lift station and over four miles of dual force mains from the new lift station to the PWRF. The
next step towards improving the over 25-year-facility is to incorporate the process of industrial symbiosis,
which is key to creating a sustainable system for years to come. By incorporating industrial symbiosis, the
updated PWRF will convert industrial wastewater into three beneficial products: renewable natural gas,
algae rich fertilizer, and nitrogen-reduced treated water. The wastewater from food processing has a high-
level of nitrogen, which must be reduced to reuse for irrigation. The new improvements will hold the
wastewater in algae ponds, which will capture methane that can be converted into renewable natural gas.
The algae collected from the ponds will then be harvested and sold as fertilizer to local farmers, and the
end-product of nitrogen-reduced treated water will be used to irrigate over 2,000 acres of crops.
The estimated cost for improving the facility is $130 million. The City calls upon the state to invest $5
million towards the third project, which will provide reliable industrial wastewater disposal, capacity
for additional food processors and additional job opportunities within the Tri-Cities region. Click
here to watch a video that provides further detail on the PWRF.
Briahna Murray, Lobbyist
Gordon Thomas Honeywell, GR
253-310-5477 bmurray@gth-gov.com
Page 206 of 249
Pasco Process Water Reuse Facility Project III - Pretreatment Improvements Page 207 of 249
Funding for design and right of way acquisition for a
new overpass that will provide a multi-modal connection
across I-182. The existing Road 68 and Road 100
(Broadmoor Blvd) interchanges provide minimal
pedestrian and bicycle facilities. I-182 effectively cuts off
neighborhoods and commercial areas north of I-182
from residences, schools, and recreational opportunities
south of the freeway, with nearly 7 miles of I-182
separating usable vehicular, bicycle and pedestrian
crossings. This barrier limits the use of active
transportation infrastructure and encourages
dependence on auto travel. The Road 76 Overcrossing
project will provide a critical north/south multi-modal
local connection for the community and provide direct
access to the Department of Natural Resources 55-acre
land zoned for commercial development.
Transportation Funding Priorities
The City of Pasco requests that the state invest in transportation projects throughout the
community to address urgent safety and capacity needs:
$3 million for the Road 76 Overcrossing Project
$8 million for the Broadmoor Bike/Ped Crossing Over I-182
Funding to construct a bike and pedestrian crossing over I-182 to create a
critical connection for active transportation along the corridor, between
residences, schools and essential commercial businesses. This is a
required companion project to the I-182/Broadmoor
Interchange Improvements, identified in the completed
Access Revision Report.
2023
Page 208 of 249
Transportation Funding Priorities
City Manager's Office
City of Pasco
509-545-3404
Steve Worley, Public Works Director
City of Pasco
509-545-3446 worleys@pasco-wa.gov
$1.5 million for State Route 12 Safety Improvements
Funding to perform a comprehensive analysis of the state and local transportation network in the
US 12 A Street/Tank Farm Road/Sacajawea Road/Lewis Street Interchange vicinity to identify
long-term practical multi-modal solutions that maximize the use of the existing transportation
system and reduce the risk of crashes in the corridor.
Continued
Briahna Murray, Lobbyist
Gordon Thomas Honeywell, GR
253-310-5477 bmurray@gth-gov.com
$2 million for a US 395/I-182 Access Revision Report
Provide funding for WSDOT to complete an Access Revision Report (ARR) to identify areas
along I-182 and US 395 where access is lacking and where overall efficiency of road
connectivity within the area can be improved. The current interchange lacks an eastbound I-182
onramp from Argent Road. The ARR will determine how to accomplish this alongside the Port's
commercial development.
Page 209 of 249
Gordon Thomas Honeywell Government Relations 1
City of Pasco
2023 State Legislative Report
May 30, 2023
Overview of the 2023 Legislative Session
The 2023 Legislature convened for a 105-day session that was conducted in person for
the first time since the onset of the COVID-19 pandemic. This year’s session was the
first of the two-year legislative cycle, and legislators were keen to resume their
policymaking work at the Capitol campus.
The 2022 November elections resulted in strong Democrat majorities, and 25 new
“freshman” legislators. The House of Representatives had 58 democrats, and 40
republicans, while the State Senate had 29 democrats and 20 republicans. Being the
majority party, Democrats set the agenda, calling the 2023 session “the year of
housing.” Democrats also noted priorities of continuing efforts to address climate
change, public safety, behavioral health workforce, and special educa tion funding.
As the first year of the legislative biennium, the Legislature established new committee
structures, committee chairs, and selected new leadership. Notably, the House of
Representatives adjusted which legislation would be considered by the Housing and
Local Government Committees, directing land use policy that impacts housing
construction to the Housing Committee, rather than the Local Government Committee.
Several other committee adjustments were made, all of which contributed to the
advancement of issues through the legislative process.
A total of 2,156 pieces of legislation were introduced this session, and the Legislature
approved 485 bills. The Legislature also enacted the Capital, Operating, and
Transportation budgets for the 2023-25 biennium.
One of the most debated issues of the legislative session was a statewide policy on the
possession of controlled substances. The issue remained unresolved through the
Page 210 of 249
Gordon Thomas Honeywell Government Relations 2
regular 105-day session. On the final evening of the legislative session, the House of
Representatives debated a compromise version of SB 5536 sponsored by Senator June
Robinson (D- 38th LD), concerning possession of controlled substances. The bill did not
pass, and Washington’s current law on drug possession is set to expire at the end of
June. Governor Inslee called for a special session of the Legislature, which convened
on May 16th to give lawmakers another opportunity to set forth a statewide policy before
the current statute expires. The Legislature met in a one-day session and adopted a
final version of the bill making possession of controlled substances a gross
misdemeanor, subject to a sentence of up to 180 days, with strong encouragement for
pre-trial diversion. A summary of the agreement is under the Public Safety section of
this report.
The Association of Washington Cities (AWC) has provided a summary of legislative
action related to the AWC priorities, available on the AWC website.
Budget Highlights
2023-25 Biennial Operating Budget: The state’s Operating budget funds all state
agency operations, including K-12 education, higher education, human service
programs, and more. The 2023-25 biennial Operating budget appropriates $69.8 billion,
a net increase of $2.4 billion. Approximately $412 million in Climate Commitment Act
revenues are budgeted for policy-level items in the budget. An ending fund balance of
$1.4 billion in general funds is projected for the 2023 -25 biennium, and total reserves
are projected at $3.6 billion.
The Legislature considered the changing fiscal environment in developing the biennial
Operating budget. Federal funding streams that were temporarily enhanced due to the
COVID-19 pandemic are beginning to phase out as the declaration of federal public
health emergency expired on May 11th. Inflation and forecasts indicating slower than
average revenue growth over the next two biennia also factored into the budget
considerations.
The Operating budget makes significant investment in the K-12 education system,
higher education, behavioral health, health care, long -term care, child welfare, carbon
reduction, public safety, and housing and homelessness supports. Highlights of
investments related to local governments include:
Public safety:
• $3.4 million for six additional Basic Law Enforcement Training Academy (BLEA)
classes, for a total of 23 classes in both 2024 and 2025
• $11.3 million for six additional BLEA classes beginning in 2024 at three new
regional training academies (Pasco, Skagit County, and Clark County)
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• $3 million for grants to local law enforcement for vehicle pursuit management
technology
• $5.3 million for cities and counties to assist with alternative response team
programs
• $115.8 million to assist with vacating and resentencing unde r the State v. Blake
decision and refunding legal financial obligations
• $29.6 million for therapeutic courts
Behavioral health:
• $108.7 million for forensic mental health and continued implementation of the
Trueblood settlement
• $21.5 million for crisis triage, relief, or stabilization centers
• $44 million for the recovery navigator program
• $44.4 million for behavioral health mobile crisis response teams
• $69.3 million for 988 crisis response
Housing and homelessness:
• $150 million for the new Covenant Homeownership Program
• $150 million to transition individuals living in encampments to housing
• $130 million for the Housing and Essential Needs program
• $111 million for emergency housing and rental assistance
Climate and Energy
• $138 million for community electric vehicle charging infrastructure
• $10 million to support municipalities in siting and permitting clean energy projects
• $6 million to increase capacity for urban forestry programs
• $35 million for utility assistance through the existing low-income home energy
assistance program (LIHEAP) network
2023-25 Biennial Capital Budget: The Capital budget funds brick-and-mortar
construction, excluding transportation. The 2023-25 biennial Capital Budget authorizes
total expenditures of $9 billion. Of this amount, $4.7 billion is financed with general
obligation bonds. Additionally, $95.4 million in bond capacity is reserved for a
supplemental capital budget. The Capital budget reappropriates $7.6 billion for projects
that were previously authorized but not yet completed.
Housing, behavioral health, and infrastructure are key areas of investment in the
enacted Capital budget.
Housing
• $400 million for the Housing Trust Fund
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• $60 million for Connecting Homes to Infrastructure program (CHIP) grants to
local governments
• $50 million to match private investment for grants to support transit-oriented
development
Behavioral health
• $211 million for behavioral health capacity grants, including $133 million for 18
projects across the state that will provide regional behavioral health and
substance use services.
Infrastructure and built environment
• $400 million for the Public Works Assistance Account
• $68 million for the Stormwater Financial Assistance program
• $115 million for Remedial Action Grants
• $670 million for the Water Pollution Control Revolving Loan program
• $25 million for the Community Economic Revitalization Board
• $200 million for broadband grants and loans
• $95 million for Salmon Recovery Funding Board grants and $25 million for
riparian area grants
• $120 million for the Washington Wildlife and Recreation program
• $48.4 million for the Fish Barrier Removal Board
• $150 million for various clean energy and energy efficiency efforts
2023-25 Biennial Transportation Budget: The Transportation budget funds capital
facilities investments as well as operating programs for the transportation system in the
state. The budget includes total appropriations of approximately $13.5 billion, including
approximately $970 million in Climate Commitment Act funding. CCA funds are
appropriated to support carbon-reducing projects and programs, such as multi-modal
facilities, public transit, and transportation electrification efforts.
Highlights of importance for local governments include:
• $1 billion for fish passage
• $287 million for the Transportation Improvement Board, including $14.6 million
for Complete Streets grants and $9 million in preservation funding for cities
• $70.8 million for Safe Routes to Schools grants
• $72.2 million for Pedestrian and Bicycle Safety programs
• $45.7 million for the Freight Mobility Strategic Investment Board
• $11.5 million to address homeless encampments within state-owned rights-of-
way in coordination with local governments
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The 2023-25 Transportation budget also modified the phasing for many p rojects
included in the 16-year Move Ahead Washington transportation package passed by the
Legislature in 2022. The updated project list can be viewed here.
For additional detail on aspects of the three biennial budgets relevant to local
governments, refer to the Association of Washington Cities budget matrix.
Pasco’s Legislative Priorities
With great effort from Pasco, the 8th and 15th Legislative Delegation, several of the
city’s legislative priorities were accomplished this session. Below is a recap of the
outcome of each priority.
Pasco Capital Budget Items
The 2023-25 Capital Budget includes the following items for the City of Pasco:
• $155,000 for improvements to the Downtown North Plaza.
• $5.05 million as part of the public-private partnership to upgrade the Process
Water Reuse Facility
• The city joined other communities throughout the state in requesting $24 million
to improve publicly owned baseball stadiums, including GESA Stadium. The
capital budget provides the $24 million as desired, and GESA Stadium is
allocated $3 million.
• $750,000 to support the turf conversion of the Burden Soccer Fields. At the
request of the 8th Legislative Delegation during session, the city submitted this
request and was successful in securing full funding for the project!
Housing
Enacting policies and budgets that meaningfully address the housing shortage was a
top priority for the Legislature this session. Policy makers were guided by a report by
the Department of Commerce stating that Washington State needs about one million
additional homes by 2044 to adequately accommodate projected population growth. Of
those one million homes, approximately 525,000 of those units need to be either
affordable to households at or below 50 percent of area median income or affordable to
extremely low-income households. Legislators cited these data points in committee
hearings throughout the legislative process to underscore the urgent need for housing
policy solutions.
Funding
The Legislature considered several policy approaches aimed at bringing more housing
to market, tenant protections and other policies aimed at keeping individuals housed
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and boosting homeownership. Additionally, Governor Inslee introduced a proposal to
issue bonds to generate $4 billion for affordable housing and other types of housing to
address homelessness over a six-year period (SB 5202 and HB 1149). The Washington
State Treasurer, Mike Pellicciotti criticized the proposal as potentially have a negative
impact on the state’s credit rating. Other legislators expressed concerns that voters may
not approve a bond measure.
The Legislature also considered HB 1628, sponsored by Representative Frank Chopp
(D- 43rd LD), which would have modified the state real estate excise tax (REET) and
allow a county or city to impose an additional 0.25 percent REET for the construction of
affordable housing, but the bill did not pass this session. Washington State Realtors and
other stakeholders strongly opposed this proposal and lobbied heavily against it.
Both revenue concepts were given serious consideration, but the Legislature inevitably
chose not to advance either proposal. Instead, legislators chose to increase its support
for housing through $1 billion in budget appropriations in the 2023-25 operating and
capital budgets and passed several policy bills to respond to the housing shortage.
Policy Bills:
In addition to allocating significant funding to housing, several dozen housing bills
passed into law – many intersecting with land use planning and permitting processes.
Here are those bills that passed into law in this space:
• Condominiums: SB 5058 sponsored by Senator Mike Padden (R- 4th LD), and
E2SSB 5258 sponsored by Senator Sharon Shewmake (D- 42nd LD), work in
tandem to reduce barriers to condominium and townhouse development, which
was viewed as an avenue for increasing homeownership opportunities for first-
time homebuyers and seniors seeking to downsize into a more manageable
property. Senate Bill 5058 exempts buildings with 12 or fewer units that are no
more than two stories from condominium liability. Senate Bill 5258 contains
several provisions aimed at boosting construction and homeownership of
condominiums and townhomes. It modifies the requirements for claims regarding
construction defects and makes the qualified warranty program available to
developers subject to the Uniform Common Interest Ownership Act. It exempts
certain sales of condominiums and townhomes from the real estate excise tax
(REET) and creates the Down Payment Assistance Account for buyers
purchasing a condominium or townhome. The REET exemption does not apply
to sales of condominiums and townhomes that are constructed in buildings
qualifying for the multi-family property tax exemption.
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• Middle housing types: E2SHB 1110 sponsored by Representative Jessica
Bateman (D- 22nd LD) requires cities to authorize minimum housing
development densities in residential zones depending on their population size,
ranging from a minimum of two to at least six units per lot. The bill provides an
alternative to the density requirements by allowing cities to implement the
requirements in at least 75 percent of lots zoned single-family if the remaining
portion of lots meet certain criteria. Under the alterna tive density option, any
areas at high risk of displacement may be excluded from the 75 percent of lots
subject to minimum density requirements. Cities may allow accessory dwelling
units to achieve the unit density required and can limit the areas subject to the
density requirements in accordance with water supply capacity. Cities may apply
objective development regulations currently applied to single-family residences in
accordance with existing ordinances intended to protect critical areas and public
health.
The City of Pasco was heavily involved in the middle housing stakeholder
process led by the Association of WA Cities (AWC), and throughout the
development of House Bill 1110. Throughout its development, Pasco shared
constructive feedback with the 8th and 15th legislators, specifically Rep. Connors
who was actively involved in the housing policy discussions. Additionally, the city
testified before the various committees that considered the proposal and
participated in stakeholder meetings with the bill sponsor. The city has already
initiated ways in which to increase housing at the local level and was not
supportive of the Legislature’s prescriptive approach on the matter. However, the
city was aware going into session that some form of the bill would pass into law.
The consistent engagement from AWC, Pasco and other leading cities, led to key
changes to the bill, including allowing the Department of Commerce to approve
comprehensive plans from cities with land use regulations that are substantially
similar to the bill’s provisions, and providing for an alternative compliance
pathway. AWC arrived at a supportive position in the waning weeks of the
legislative session. The bill passed and will go into effect July 23rd. Cities have
until the next comprehensive plan update to integrate the provisions of the bill.
The Operating budget appropriates $2 million for grants to implement the bill.
• Accessory Dwelling Unit regulations: EHB 1337 sponsored by Representative
Mia Gregerson (D- 33rd LD) requires cities and counties planning under the
Growth Management Act to allow the construction of at least two accessory
dwelling units (ADUs) per lot within urban growth areas. Local governments are
prohibited from imposing certain regulations or restrictions on ADU construction,
including gross floor area requirements and roof height limits. The bill prohibits
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owner-occupancy requirements as well as off-street parking requirements within
one-half mile walking distance a major transit stop. Local governments may
restrict the use of ADUs for short-term rentals and prohibit the construction of
ADUs on lots not served by public sewers. Of the two proposals mandating the
allowance of ADU construction, local government stakeholders generally
preferred the other bill, SB 5235, because it was less prescriptive, but the
Legislature ultimately chose this bill as the vehicle for enacting ADU policy.
• Streamlining development regulations: ESHB 1293 sponsored by
Representative Mark Klicker (R- 16th LD) requires cities and counties planning
under the Growth Management Act (GMA) to apply only clear and objective
design review standards to the exterior of new development, except for
designated landmarks or historical districts. The bill clarifies project review
provisions and adds expedited review of project permit applications that include
affordable housing.
In addition to the bills noted above, the Legislature considered several proposals
concerning development regulations and local government permitting. In the
latter category, HB 1401 sponsored by Representative Cyndy Jacobsen (R- 25th
LD) would have provided that local governments could adopt expedited
permitting processes for housing, while HB 1611 sponsored by Representative
Julia Reed (D- 36th LD) and HB 1519 sponsored by Representative Andrew
Barkis (R- 2nd LD) would have modified the requirements for applicant notification
regarding completeness of permit applications. Ultimately, none of these
proposals were passed into law.
• Use of existing buildings for residential purposes: ESHB 1042 sponsored by
Representative Amy Walen (D- 48th LD) prohibits cities from imposing certain
restrictions on existing buildings zoned for commercial or mixed use. Cities must
allow the addition of housing units at a density up to 50 percent more than what
is allowed in the underlying zone if built entirely within the building’s envelope
and cannot impose additional parking requirements. Cities may not prohibit the
addition of housing units in any specific part of a building except ground floor
commercial retail spaces along a major pedestrian corridor. The bill advanced
quickly in its house of origin despite concerns raised by local governments
regarding provisions contained in the original draft. The Senate amended the bill
to address many of the concerns.
• SEPA exemption for housing: 2SSB 5412 sponsored by Senator Jesse
Salomon (D- 32nd LD) expands the infill development categorical exemption from
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the State Environmental Policy Act (SEPA) to include housing development. All
project actions that propose to develop residential housing units within the
incorporated portions of urban growth areas or middle housing within the
unincorporated areas of urban growth areas are categorically exempt from
SEPA. Before adopting the categorical exemptions, jurisdictions must satisfy
certain criteria, including that the development is consistent with development
regulations under the comprehensive plan and that the city or county has
prepared an environmental analysis that considers the proposed use or intensity
of use in the area and that analysis has been conducted regarding multi-modal
transportation impacts. The Association of Washington Cities was a strong
proponent of the legislation as it reflected a policy recommendation of the AWC
Housing Solutions Work Group. The Operating budget appropriates $20 million
for grants to assist with updating comprehensive plans, including the
requirements contained in this bill.
• Consolidating local permit review processes: 2SSB 5290 sponsored by Sen.
Mark Mullet (D- 5th LD), requested by the Governor’s Office, establishes a
consolidated permit review program for local governments to issue final decisions
for residential permit applications within specified time frames. Local
governments are required to exempt project permits for interior alterations from
site plan review under certain conditions. The bill requires local governments to
refund a proportion of the permit fees if they have not issued a final decision by
the established time period. The requirements take effect after January 1, 2025.
A grant program is established in the legislation to support local governments’
transition from paper to digital permit filing systems. The Operating budget
provides $3 million for grants to assist local governments with implementation of
the bill.
• Creating the covenant homeownership account: 2SHB 1474 sponsored by
Representative Jamila Taylor (D- 30th LD) establishes and funds the Covenant
Homeownership Program to provide down payment and closing cost assistance
to economically disadvantaged households. The Covenant Homeownership
Program is funded through a $100 document recording fee collected by county
auditors. The Department of Commerce must contract with the Washington State
Housing Finance Commission to create a Special Purpose Credit Program to
provide down payment and closing cost assistance to economically
disadvantaged homebuyers. An oversight committee is established in the bill and
the Housing Finance Commission must complete an initial study of the new
program by March 2024 and every five years after. The bill passed on party lines
in both the House and Senate. Support from the real estate community for the
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underlying policy despite the imposition of the document recording fee was
important for the bill’s momentum.
Additionally, there are several bills that were considered that did not advance in 2023
that will likely be revisited in 2024:
• SB 5466 sponsored by Senator Marko Liias (D- 21st LD), which would have
required cities planning under the Growth Management Act to allow multi -family
housing projects within transit station areas to be developed at transit -oriented
density maximum floor area ratios. The bill was introduced at the request of the
Governor’s Office and the Seattle-area business community was the primary
proponent. Local governments held mixed perspectives on the bill. Some were
supportive of its policy goals while others expressed concern about the floor area
ratios and potentially broad application based on the many types and frequencies
of public transit service as outlined in the original draft. The Puget Sound
Regional Council created a map illustrating the areas where such development
would be allowed according to the availability of transit service as defined in the
bill that indicated almost the entire Central Puget Sound region would be subject
to its provisions, raising alarm among many stakeholders.
The bill was amended late in the process to include an affordability requirement
for housing development that did not receive broad support from the construction
and real estate industries, which had been supportive of the legislation. A
compromise to address stakeholder’s diverging perspectives on the bill could not
be reached by the time the Legislature adjourned.
• Another bill aimed at increasing housing construction, HB 1245 sponsored by
Representative Andrew Barkis (R- 2nd LD), also failed to pass this session. The
bill would have required cities planning under the Growth Management Act to
allow the splitting of a single residential lot into two residential lots. While there
was momentum behind this legislation as a viable tool to foster more infill
residential development, it was unclear how the policy would interact with the
middle housing and accessory dwelling unit bills.
Public Safety & Behavioral Health
Funding
BLEA Regional Training: The city advocated for funding to provide two additional
Basic Law Enforcement Academy classes in the Tri-Cities to expedite the training of
police officers once hired. The operating budget includes a total of $11.335 million to
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support 75% of the cost of providing six additional Basic Law Enforcement Academy
(BLEA) classes in 2024 and 2025 at three new regional training academies (one in
Pasco, Skagit County, and Clark County). The Governor attended a grand opening of
the Pasco facility on May 3rd, in which the 15th and 8th Legislative Delegations and many
other Legislators from across the state attended. Click here to watch a short video of the
event shared by the Criminal Justice Training Commission.
Alternative response teams: The enacted 2023-25 Operating budget provides $4
million to the Association of Washington Cities to assist cities with the costs of
implementing alternative response teams. Additionally, as part of the Legislature’s effort
to fund implementation of the statewide 988 behavioral health crisis system,
$45,260,000 is appropriated for expansion of local behavioral health mobile crisis
response team capacity and $4 million is set aside for grants to existing or new crisis
response teams to meet state standards and criteria for receiving an endorsement to
participate in the 988 system.
Policy Bills:
The Legislature grappled with controversial policies in the public safety arena that were
outstanding from the 2021 legislative session. The primary issues were peace officer
vehicular pursuits and new legislation in response to the State v. Blake Supreme Court
decision, which struck down Washington’s law on possession of controlled substances
as unconstitutional. The latter issue presented an especially urgent matter for the
Legislature, as the 2021 law classifying possession of co ntrolled substances as a
misdemeanor is set to expire at the end of June 2023.
Vehicular Pursuits: In 2021, the Legislature passed legislation requiring an office to
have probable cause, rather than reasonable suspicion, to engage in a vehicular
pursuit. Law enforcement agencies expressed concern about this higher threshold and
continued to do so, prompting follow-up legislation in the 2022 session to restore the
standard of reasonable suspicion. The policy was not supported by police reform
advocates and did not pass during the short session.
Policy dialogue around the vehicular pursuits issue continued to be contentious this
session. The Washington Association of Sheriffs and Police Chiefs and many local
governments advocated for restoration of the reasonable suspicion standard, citing
examples of individuals who had eluded police apprehension since the 2021 law went
into effect. Police reform advocates held the position that vehicular pursuits represent a
danger to the public and noted that the number of people injured or killed from vehicular
pursuits has decreased since 2021. The Chair of the Senate Law and Justice
Committee refused to hold a hearing on ESB 5352 sponsored by Senator John Lovick
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(D- 44th LD), out of concern that reverting back to the reasonable suspicion threshold
would result in more dangerous pursuits.
Senate Bill 5352 was ultimately passed by the Legislature, its forward progress aided by
a suspension of the rules in the Senate that brought the bill up for floor debate just in
time for the house-of-origin cutoff. As approved by the Legislature, the bill lowers the
evidentiary threshold for engagement in vehicular pursuits from probable cause to
reasonable suspicion for specific crimes: a violent offense, a sex offense, a vehicular
assault offense, an escape offense, driving under the influence, or a domestic violence
assault offense. The pursuit must be necessary for the purpose of identifying or
apprehending the person, and the fleeing person must pose a serious risk of harm to
others.
Proposals establishing a work group on the vehicular pursuits issue were also
introduced and considered this session but did not pass. SB 5533 sponsored by
Senator John Lovick (D- 44th LD), would have directed the Criminal Justice Training
Commission (CJTC) to convene a work group to develop a model vehicle pursuit policy
and establish a grant program for modern vehicle pursuit technology. HB 1586
sponsored by Representative Roger Goodman (D- 45th LD), would have directed the
CJTC to convene a work group to develop legislative policy recommendations on
vehicular pursuits and establish a grant program like what was proposed in SB 5533.
While the Legislature did not approve either of these bills, $3 million was appropriated in
the 2023-25 Operating budget to fund a law enforcement technology grant program for
modern vehicle pursuit management technology.
Possession of Controlled Substances: The Senate took the lead on introducing
policy approaches to the possession of controlled substances issue. Four proposals
were introduced, and all would have repealed the current statute classifying drug
possession as a misdemeanor and requiring law enforcement to make referrals to
substance use assessment and treatment on two occasions before charges may be
filed. Aside from that common thread, the four bills differed in their perspectives on how
the offense should be classified and handled through the justice system.
SB 5035 sponsored by Senator Mike Padden (R- 4th LD) would have classified
possession of a controlled substance as a class C felony. SB 5467 sponsored by
Senator Jesse Salomon (D- 32nd LD) would have classified drug possession as a gross
misdemeanor and focused on directing individuals toward treatment in lieu of jail. SB
5624 sponsored by Senator Manka Dhingra (D- 45th LD) would have enacted the
recommendations of the Substance Use and Recovery Services Advisory Committee,
decriminalizing possession of a personal amount of controlled substances.
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Another bill, SB 5536 sponsored by Senator June Robinson (D- 38th LD), was chosen to
advance in the legislative process. As passed by the Senate, the bill classified
possession of controlled substances as a gross misdemeanor and contained provisions
outlining the procedure for pretrial diversion and vacation of convictions. The bill passed
the Senate by a narrow margin of 28-21, with a bipartisan mix of votes on both sides of
the tally. In the House, the bill was amended to reduce the crime of possession down to
a simple misdemeanor, which carries a sentence of up to 90 days in jail, rather than the
gross misdemeanor sentence of up to 364 days. The House version also added the
crime of drug use in a public place as a misdemeanor. The House passed the bill 54-41,
with a few Democrats joining the Republicans in voting against it. The Senate refused to
concur with the House’s amendments, so the bill then went to conference.
The conference committee’s recommendation went back to classifying possession as a
gross misdemeanor as passed by the Senate, with the addition of classifying use in a
public place as a gross misdemeanor as passed by the House. The bill was brought up
for floor debate in the House on the final evening of the legislative session. The
conference committee’s recommendation was defeated by a vote of 43 -55, with 15
Democrats joining the Republicans in opposing the bill. Governor Inslee called for a
special session, which convened on May 16th to make an effort at approving a different
version of the bill. The Legislature approved, with bi-partisan support, a version of the
bill that does the following:
• Possession is a gross misdemeanor. Use in a public place is a gross
misdemeanor and use is defined as ingesting, inhaling, injecting, or introducing a
substance to the human body by any other means. Both are subject to
a sentence up to 180 days, a fine no more than $1,000, or both. If a defendant
has 2 or more prior convictions, they may be sentenced up to 364 days, fined up
to $1,000, or both.
• Diversion by prosecutors and law enforcement is encouraged, not required . The
bill is ambivalent on diversion method – law enforcement assisted diversion
(LEAD), recovery navigator program (RNP), or an arrest and jail alternative
program.
• The Court may only grant motions for diversion if the prosecuting attorney
agrees. The prosecuting attorney may divert additional charges related to
substance use disorder for nonfelony offenses that are not crimes against
people.
• If the prosecutor agrees, the court must approve the defendant’s request for
diversion if they (1) have no criminal convictions after the effective date of the bill;
and (2) are only charged with possession or use, and not charged with other
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crimes. Unless this criterion is met, the court has discretion as to whether to
approve the pre-trial diversion (even if the prosecutor agrees to it).
• Individuals must substantially comply with treatment for 12 months or by
completing recommended treatment/services, whichever comes first.
• Local governments are preempted on regulating drug paraphernalia outside of
harm reduction programs. This essentially makes possession of drug
paraphernalia (syringes, pipes, etc.) legal. Selling and delivery and use of drug
paraphernalia remains a misdemeanor under RCW 69.50.412.
• Opioid treatment programs, recovery residences, substance use disorder
treatment facilities, and harm reduction programs, including safe injection sites,
are added to the list of essential public facilities.
• Grant program for LEAD is established and funded at $5 million for the
biennium.
A side-by-side comparison of the House, Senate, conference committee, and special
session striker versions of the bill can be viewed here.
Additional bills considered but not approved:
• Law enforcement accountability: The Legislature considered two proposals
intended to increase accountability and oversight of law enforcement agencies,
neither of which were approved. SB 1025 sponsored by Representative My-Linh
Thai (D- 41st LD) would have created a private right of action for individuals
injured due to violation of the state Constitution or state law by a peace officer.
This policy concept has been referred to as the “qualified immunity” bill and has
been introduced and considered in previous legislative sessions. SHB 1445
sponsored by Representative Drew Hansen (D- 23rd LD) would have authorized
the Attorney General to investigate and bring an action against a law
enforcement agency or local corrections agency for a violation of the Washington
State Constitution or state law. The Attorney General would have been
authorized to initiate investigations on its own or in response to reports from
independent oversight bodies. Both of these proposals were met with opposition
by the Washington Association of Sheriffs and Police Chiefs and the Assoc iation
of Washington Cities expressed concerns as well.
Behavioral Health: The city advocated for additional funding to support alternative
response teams, treatment facilities, social workers, and more, to direct people to
treatment. The following investments were made related to the city’s priority:
• $20.6 million is appropriated to support new and existing therapeutic courts in
courts of limited jurisdiction.
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• $77.9 million for competitive grants to expand community -based behavioral
health services.
• $133.1 million for community-based projects for behavioral health facilities, such
as crisis diversion, secure detox, and adolescent services.
• $13.4 million for the Rising Strong project, providing family-centered drug
treatment and supportive transitional housing for a minimum of 24 households in
Western Washington.
• $613 million for construction of a 350-bed forensic hospital at Western State
Hospital.
• $20.6 million for construction of a 48-bed civil commitment facility in Clark
County.
• $21.1 million to fund the expansion of 136 beds at Maple Lane.
• $5 million for the Department of Social and Health Services to create community
capacity to serve clients in need of behavioral health treatment.
• Trueblood and Forensic Mental Health: $99.7 million in general funds and $6.9
million in federal funds. This funding is provided for the Department of Social and
Health Services to continue implementation of the Trueblood settlement,
including forensic navigators, outpatient competency restoration, housing, crisis,
diversion, and other community support services.
• Maple Lane Campus: $65.1 million in general funds and $10.6 million in federal
funds for operation of facilities for civil conversion patients and patients found not
guilty by reason of insanity.
• Vancouver Campus: $47.4 million for operations of the 48-bed Residential
Treatment Facility campus in Vancouver serving civil conversion patients.
• Staffing at Western and Eastern State Hospitals: $13.8 million
• Western State Hospital Civil Ward: $15.7 million to facilitate increasing the civil
capacity at Western State to 287 beds.
• Behavioral Health Provider Rate Increases: $172 million in general funds and
$212 million in federal funds to increase rates paid through the Medicaid
Managed Care Organizations and Behavioral Health Administrative Service
Organizations by 15 percent.
• Crisis and Residential Treatment Services: $33.1 million in general funds and
$84 million in other funds to support crisis and residential treatment services,
including new crisis stabilization facilities and expanding the 988 behavioral
health crisis response system.
• Community Civil Long-term Involuntary Treatment Beds: $8.2 million in general
funds and $37.8 million in federal funds
• Opioid Response and Substance Use Disorder Services: $6.8 million in general
funds and $126.6 million in American Rescue Plan Act (ARPA) and opioid
settlement funds to respond to the opioid epidemic and expand substance use
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disorder treatment and pretrial diversion programs for implementing Senate Bill
5536, concerning possession of controlled substances.
• Expansion of community behavioral health services: $16.2 million in general
funds and $25.3 million in federal funds
• Intensive Youth Services: $13.8 million in general funds and $10.6 million in
federal funds
Trueblood settlement- Competency evaluations and restoration services to
persons suffering from behavioral health disorders: E2SSB 5440 sponsored by
Senator Manka Dhingra (D- 45th LD), establishes diversion and behavioral health
treatment pathways to attempt to reduce caseload for forensic cases needing
restoration in a state-owned behavioral health hospital. The bill requires courts to
determine if there is genuine doubt as to competency before ordering a competency
evaluation and requires jails to allow access for clinical intervention specialists to
provide direct services for defendants waiting for competency restoration services. It
requires courts to dismiss non-felony charges and refer the defendant for services
recommended in a diversion program recommend by a forensic navigator if the
defendant is amenable and can safely receive services in the community. The bill
underwent significant amendments during the legislative process. In its original form,
the competency restoration services would have been provided in jails although the
legislation did not provide resources to carry out these functions, imposing a
tremendous burden on counties. The Washington State Association of Counties and
many individual counties undertook an advocacy effort to daylight these issues that
resulted in the changes reflected in the bill’s final form.
Transportation
The city prioritized the following transportation items this session:
• Funding to preserve and maintain the local transportation system
• $3 million for the Road 76 Overcrossing Project
• $8 million for the Broadmoor Bike/Ped Crossing over I-182
• $1.5 million for State Route 12 Safety Improvements
• $2 million for a feasibility study to allow access to I-182 from Hwy 395 to Argent
• Fully fund grant programs, such as the WSDOT Pedestrian and Bicycle Safety
Program, that will allow the city to receive grant funds for eligible projects such as
the Sylvester Street Overpass
Although the 2022 Move Ahead WA package invests in local transportation
maintenance and preservation, there is not enough funding to support the need
throughout the state. There was no new funding provided in the 2023-25 budget,
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Gordon Thomas Honeywell Government Relations 17
however, the Legislature maintained commitments made in the Move Ahead WA
package.
It was anticipated that the transportation budget would be limited in any new project
funding due to the ongoing decline in gas tax revenues and the recent passage of the
16-year, Move Ahead Washington package. The final budget did include $1.5 million for
State Route 12 Safety Improvements, but the Governor vetoed this funding. This
project, along with many others throughout the state, were removed by the Governor, as
he shared his concern for WSDOT’s capacity to take on any additional projects.
Additionally, the city applied for grant funding through the WSDOT Bicycle and
Pedestrian Safety Program and Safe Routes to School grant program for two projects:
• Sylvester Street Bicycle and Pedestrian Crossing
• Sandifur Parkway/ Road 90 and Argent Road/ Road 88 Pedestrian Crossings
The final budget includes sufficient funding levels for both programs, which means both
of Pasco’s projects will be awarded grant funding!
The city’s other transportation project requests bulleted above were not included in the
final budget.
Pasco Support/Opposes
In addition to the city’s legislative priorities, the city identified a position on several policy
issue areas, which provides guidance to GTH Gov and the legislative delegation as bills
are considered throughout session.
Finance/General Government
State-shared revenues
The enacted 2023-25 Operating budget provides for the following state-shared
revenues:
• Liquor Revolving Account (liquor profits): $98.9 million (same as current
biennium)
• Liquor Excise Account (liquor taxes): $89.4 million (increase of $2.1 million over
current biennium)
• Cannabis Excise Tax: $50.5 million (increase of $4.9 million over current
biennium)
• Municipal Criminal Justice Assistance Account: $51.2 million (increase of $6
million over current biennium)
Local Control
• Washington Voting Rights Act: ESHB 1048 sponsored by Representative
Sharlett Mena (D- 29th LD) provides that individuals or organizations who file a
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Gordon Thomas Honeywell Government Relations 18
notice of intent to challenge an election system under the Act may recover costs
up to $50,000 incurred in conducting the necessary research, if the notice causes
the political subdivision to adopt a remedy that is approved by the court. Standing
is granted to organizations whose membership includes a voter who resides in
the political subdivision and tribes located at least in part of the political
subdivision. The legislation was carried by Democratic majorities in both
chambers of the Legislature and was largely opposed by Republicans.
Election of Judges
• While this is an issue that has come up in previous legislative session, it was not
discussed in 2023.
Labor Reform
• ESHB 1187 sponsored by Representative David Hackney (D- 11th LD)
designates any communication between a union representative and union
employee as privileged from examination and disclosure. SHB 1200 sponsored
by Representative Emily Alvarado (D- 34th LD) requires employers subject to the
Public Employees’ Collective Bargaining Act to provide contact information, date
of hire, salary, and job site locations for employees to exclusive bargaining
representatives.
Pet Adoption PRA Exemption
• While this is an issue that has come up in previous legislative session s, it was
not discussed in 2023.
Infrastructure & Economic Development
Complete Streets Funding
• As noted above, the final Transportation budget includes $14.6 million for
Complete Streets grants.
Tri-Cities Mobility
• Aside from the City’s stated legislative priorities, there was no legislative
discussion on this topic in 2023.
Lower Snake River Dams
• The final operating budget includes $2 million for Commerce to conduct an
analysis for new electricity generation, transmission, ancillary services, efficiency
and storage, that could offset those currently provided by the lower Snake River
dams. An update on this analysis is due to the Legislature and the Governor by
the end of 2024.
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Economic Development Tools
The Legislature advanced several new economic development tools:
• HB 1527 sponsored by Representative Sharon Wylie (D- 49th LD) makes several
technical changes to the TIF legislation passed in 2021. It defines “real property”
as it relates to local TIF areas and clarifies that an increment area takes effect on
June 1st following the adoption of the ordinance designating the increment area.
The legislation provides local taxing districts the authority to increase their
property tax levy capacity for increases in assessed value in certain situati ons.
• SHB 1267 sponsored by Representative Steve Tharinger (D- 24th LD) renews the
0.09% rural county credit against the state sales and use tax for public facilities
serving economic development purposes until the end of 2054. It requ ires the
State Auditor to provide a publicly accessible report on its website containing
rural county project and expenditure information and the total amount of revenue
collected under the sales and use tax.
• SB 5452 sponsored by Senator Sharon Shewmake (D- 42nd LD), adds bicycle
and pedestrian facilities that were designed with multi-modal commuting as an
intended use to the definition of “public facilities” for which impact fee revenue
may be spent to support new growth and development.
• 2SHB 1425 sponsored by Representative April Berg (D- 44th LD) re-authorizes
the credit against the state sales tax as an incentive for cities to annex
unincorporated areas within their urban growth areas. The prior requirements in
state statute that a city be within a county with a population of at least 600,000
and that an annexation area have a population of at least 10,000 are removed
through this bill. To impose the tax, a city must have entered into an interlocal
agreement with the county. The maximum levy amount that may be imposed is
0.1 percent for annexed areas with populations between 2,000 and 10,000, and
0.2 percent for annexed areas with a population size above 10,000. Cities may
not begin to impose the tax after July 1, 2028.
• Three proposals were introduced this session that would have lifted the on e
percent limit factor on property tax for local governments, but none were passed.
SB 5618 sponsored by Senator Patty Kuderer (D- 48th LD), revised the property
tax cap for local governments to account for inflation and population growth up to
three percent. The bill was heard, but not advanced out of committee. HB 1670
sponsored by Representative Timm Ormsby (D-3rd LD), would have revised the
property tax cap for local governments from one percent to three percent, but did
not contain provisions related to inflation or population growth. The bill did not
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Gordon Thomas Honeywell Government Relations 20
advance out of the House Rules Committee. SB 5770 sponsored by Senator
Jamie Pedersen (D- 43rd LD) was introduced late in the session and took a
similar approach to Senate Bill 5618, adjusting the property tax limit to account
for inflation and population growth up to three percent. The bill did not receive
any action in its referred fiscal committee.
Public Works Assistance Account
The Legislature considered legislation sponsored by Senator Mark Mullet (D-5th LD) that
would have created a Public Works Revolving Trust Account in the State Treasury to be
used for loans or grants to local governments for financing public works projects through
the Public Works Board. If the legislation had been approved, the measure would have
gone before the voters to amend the state Constitution. The policy did not receive
enough support to advance this session.
Growth Management Act
• The final Operating budget includes $20 million for updating comprehensive
plans and $6 million for grants and technical assistance for planning efforts
related to housing supply.
• E2SHB 1181 sponsored by Rep. Davina Duerr (D-1st LD), is Governor-request
legislation that amends the Growth Management Act to add a goal of climate
change and resiliency to the list of elements required in comprehensive plans. It
requires jurisdictions to identify actions to reduce greenhouse gas emissions and
vehicle miles traveled. Jurisdictions required to review their comprehensive plans
by June 30, 2025, must implement the bill’s requirements. The p olicy for
integrating climate change into the Growth Management Act has been introduced
in previous legislative sessions but did not make it to the finish line. The bill’s
provisions were refined over time through stakeholder engagement until it
reached its final form. Although the building industry still had reservations about
the bill, it was able to build enough support to finally pass this session. The
Operating budget provides $41 million for grants to assist with implementation.
Pasco DNR Property
Pasco has been working with the Department of Natural Resources (DNR) to develop
the commercially zoned properties west of Road 68. Additionally, DNR owns
undeveloped land that is included in Pasco’s urban growth area and will be part of the
Darigold plant development. The city made a commitment to Darigold that their
wastewater would be treated through Pasco’s water reuse facility. The city has been
awaiting approval from DNR to complete a land exchange between the future Darigold
irrigation land and Pasco’s farm circles in Mattawa. However, DNR has recently shared
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Gordon Thomas Honeywell Government Relations 21
concerns with the current water rights affiliated with the Mattawa farm circles, and their
ability to facilitate the land exchange prior to Darigold opening in 2024. The city
continues to work with the Legislative Delegates and DNR to resolve the concerns that
are stalling the exchange from moving forward.
Annexation
2SHB 1425 sponsored by Representative April Berg (D- 44th LD) re-authorizes the
credit against the state sales tax as an incentive for cities to annex unincorporated
areas within their urban growth areas. The prior requirements in state statute that a city
be within a county with a population of at least 600,000 and that an annexation area
have a population of at least 10,000 are rem oved through this bill. To impose the tax, a
city must have entered into an interlocal agreement with the county. The maximum levy
amount that may be imposed is 0.1 percent for annexed areas with populations
between 2,000 and 10,000, and 0.2 percent for an nexed areas with a population size
above 10,000. Cities may not begin to impose the tax after July 1, 2028.
Water Rights
The Columbia Snake River Irrigators Association (CSRIA), the Franklin Conservation
District (FCD), and the City of Pasco have been worked with Senator Nikki Torres to
introduce legislation that would provide the needed clarity the Department of Ecology
needs to authorize the transfer of water rights from Burbank to the City of Pasco. GTH
Gov and city staff participated in several meetings with the 15th legislative delegation,
CSRIA, FCD, the Governor’s Office and Ecology to develop a proposal. Senate Bill
5622, sponsored by Senator Torres, was introduced on January 30, and received a
public hearing. Since the stakeholder process began just a month prior to the start of
session, it was expected that the bill would not necessarily pass this session but would
be used to kick off a discussion amongst key stakeholders. As expected, the bill did not
make it out of committee prior to the policy cutoff. Therefore, the bill will not be moving
forward this session. Further dialogue with DOE and others will need to occur during the
interim to refine the proposal and to identify a path forward for the 2024 legislative
session if necessary.
Additional Policy Highlights
Compostable product usage: ESHB 1033 sponsored by Representative Amy Walen
(D- 48th LD) requires the Department of Ecology to convene a stakeholder advisory
committee regarding development of compostable product management standards for
organic materials management facilities, with recommendations due to the Legislature
by September 15, 2024.
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Gordon Thomas Honeywell Government Relations 22
Waiving municipal utility connection charges for affordable housing: SHB 1326
sponsored by Representative Julio Cortes (D- 38th LD) authorizes municipal utilities to
establish a program to waive connection charges for properties used by a non -profit
organization, housing authority, local agency, o r other organization that provides
emergency shelter, transitional housing, permanent supportive housing, or affordable
housing. Any waived connection charges must be funded through general funds, grant
dollars, or another identified revenue stream.
Preventing Utility Shutoffs for non-payment during extreme heat: ESHB 1329
sponsored by Representative Sharlett Mena (D- 29th LD), by request of the Attorney
General’s Office, prohibits utilities from involuntarily terminating water or electric service
to a residential user during days for which the National Weather Service has issued
certain heat-related alerts. Utilities are required to promptly make a reasonable attempt
to reconnect service to a dwelling upon receipt of a reconnection requests for a day in
which there are heat-related alerts in effect. Utilities are authorized to require a payment
plan prior to reconnecting service. The Attorney General’s Office was amenable to
amending the bill’s provisions as the bill progressed through the legislative process to
address concerns from utilities regarding the technical details on temperature readings,
repayment plans, and other items. The bill was generally supported by utilities upon
final passage.
Cannabis social equity: E2SSB 5080 sponsored by Senator Rebecca Saldaña (D- 37th
LD) extends the Cannabis Social Equity Program and allows the Liquor and Cannabis
Board (LCB) to issue or reissue licenses that were forfeited or revoked under the
program until July 2032. The LCB may issue up to 100 cannabis processor licenses
immediately, and up to 10 producer licenses beginning January 2025. The LCB may
increase the number of retailer and producer licenses based on population data with
legislative approval every three years until the program expires in 2032. A retail license
may not be awarded if the LCB receives a written objection from a local legislative
authority based on a pre-existing ordinance limiting outlet density in a specific
geographical area.
Employment of individuals who lawfully consume cannabis: ESSB 5123 sponsored
by Senator Karen Keiser (D- 33rd LD) prohibits employers from discriminating against a
person in hiring based upon the person’s use of cannabis off the job and away from the
workplace or an employer-required drug screening test that identifies non-psychoactive
cannabis metabolites. The bill does not prohibit employers from basing hiring decisions
based on testing for other drugs or testing for controlled substances after an accident or
because of suspicion of impairment. Several exceptions are made in the bill, including
law enforcement, fire department personnel, and other first responders.
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Gordon Thomas Honeywell Government Relations 23
Single exit for residential buildings: SSB 5491 sponsored by Senator Jesse Salomon
(D- 32nd LD) requires the State Building Code Council (SBCC) to convene a technical
advisory group for the purpose of recommending modifications and limitations to the
International Building Code that would allow for a single exit stairway to serve multi-
family residences up to six stories. The advisory group’s recommendations are due to
the SBCC in time for the Council to adopt or amend codes for implementation in the
2024 International Building Code.
Shoreline Master Program schedules: HB 1544 sponsored by Representative Emily
Alavardo (D- 34th LD) changes the master program review and revision cycle in the
Shoreline Management Act from eight to 10 years.
Freight Mobility Strategic Investment Board: SHB 1084 sponsored by
Representative Jake Fey (D- 27th LD) changes the primary duty of the Freight Mobility
and Strategic Investment Board (FMSIB) to providing guidance to the Governor and
Legislature on the highest priority freight mobility needs in the state. It requires the
Board to recommend a six-year investment program of the highest priority projects and
identify emerging freight mobility issues. Project sponsors must demonstrate a plan for
sufficient engagement with overburdened communities for projects to be included in the
six-year investment program.
Traffic enforcement cameras: The Transportation budget bill authorizes the
Washington Traffic Safety Commission to oversee a pilot program in up to three cities
implementing the use of automated vehicle noise enforcement cameras in zones that
have been designated by ordinance as “Stay Out of Areas of Racing.” Programs must
be authorized by December 31, 2024. Additionally, the Legislature passed SB 5272
sponsored by Senate Transportation Committee Chair Marko Liias (D - 21st LD)
authorizing the use of speed safety cameras in state highway work zones. Additionally,
the City of Pasco supported Senate Bill 5606, which authorizes cars engaged in street
racing to be impounded for up to 72 hours.
Small works roster requirements: 2SSB 5268 sponsored by Senator Bob Hasegawa
(D- 11th LD) requires state agencies or authorized local governments establishing a
small works roster to require contractors who desire to be placed on the roster to
indicate if they meet the definition of women- and minority-owned business, veteran-
owned business, or small business. At least once per year, the state agency or local
government must publish a solicitation of contractors for the roster.
Procurement rules: SHB 1621 sponsored by Representative Cindy Ryu (D- 32nd LD)
changes contracting rules and thresholds for which bids must be solicited for certain
public agencies. A first-class city may have its own regularly employed personnel
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Gordon Thomas Honeywell Government Relations 24
perform work which is an accepted industry practice under prudent utility management
without a contract. For second-class cities, the amount for which a city may contract for
public works that involve more than one trade without a competitive bidding process is
increased from $116,155 to $150,000. Any purchase of supplies or equipment for public
works estimated to cost over $40,000 must be by contract. Second-class cities may also
have its own employed personnel perform work which is an accepted industry practice
under prudent utility management without a contract. The bill also contains several
provisions related to public utility districts, water-sewer districts, and fire protection
districts.
Page 233 of 249
Briahna Murray
State Lobbyist, Partner
Holly Cocci
State Lobbyist
CITY OF PASCO
2023 LEGISLATIVE SESSION
Page 234 of 249
PURPOSE
2
Overview of the
2023 Legislative
Session
Top Priorities Policy
Statements Next StepsPage 235 of 249
OVERVIEW OF 2023 LEGISLATIVE SESSION
3
General Context
•First year of the biennium,105-day session
•Committees restructured
•2023-25 operating, capital, and transportation budgets
•Major themes: housing, public safety, behavioral health, etc.
•2,156 bills introduced, 485 passed into law
Political Context
•25 new legislators
•Democrat majorities
•Special session
0
500
1000
1500
2000
2500
2019 2021 2023
Bills Introduced Bills PassedPage 236 of 249
OVERVIEW OF 2023 LEGISLATIVE SESSION: BUDGETS
Operating
•Funds state agencies, K-12 and
higher education
•$69.8 billion total budget, $3.6
billion in reserves
•No tax increases
Capital
•Funds public and nonprofit
construction projects (excluding
transportation)
•$9 billion total budget
Transportation
•$13.5 billion budget
•Implementation of 2015
Connecting Washington and
2022 Move Ahead Washington
•Revenues continue to decline
•Governor disapproves of final
budget. Page 237 of 249
LEGISLATIVE PRIORITY
CAPITAL FUNDING REQUESTS
$5 million -Pasco Process Water Reuse Facility
$1.55 million -Downtown Plaza
$3 million -Gesa Stadium
$750,000 -Soccer Field
5Page 238 of 249
LEGISLATIVE PRIORITY
TRANSPORTATION PROJECTS
Requested funding for several projects:
$3 million -Road 76 Overcrossing
$8 million –Broadmoor Bike/Ped Crossing over I-182
$1.5 million –SR 12 Safety Improvements
$2 million –US 395/I-182 Access Revision Report
$1.5 million allocated to US 12/A Street/Tank Farm
Rd
Governor Vetoed
Grants awarded to the city:
Safe Routes to School -Sandifur Parkway/ Road 90 &
Argent Road/Road 88 Pedestrian Crossings
Bicycle & Pedestrian Safety –Sylvester Street Overpass 6Page 239 of 249
LEGISLATIVE PRIORITY
PUBLIC SAFETY & BEHAVIORAL HEALTH
Basic law enforcement academy investment
Pasco Regional Training Academy –Fully funds new academy site and 2 classes annually for 2023-25
SB 5352 –Vehicular Pursuits
Reasonable suspicion for a violent offense, a sex offense, a vehicular assault offense, an escape offense, driving
under the influence, or a domestic violence assault offense.
The pursuit must be necessary for the purpose of identifying or apprehending the person, and the fleeing
person must pose a serious risk of harm to others.
Considered, but did not adopt, amendment to expand to auto theft
SB 5536 –Possession of Controlled Substances
Gross misdemeanor, punishable up to 180 days for first two offenses; 364 days on subsequent offenses.
Alternative response teams and treatment facilities
7Page 240 of 249
LEGISLATIVE PRIORITY
HOUSING
$1 billion allocated to housing through the Operating and Capital Budgets
Condominium construction (SB 5058 and SB 5258)
HB 1110 –Middle Housing Types
Cities over 75,000 required to allow 4 units/lot, 6 units/lot if two are affordable
Substantially similar compliance pathway
HB 1337 –Accessory dwelling unit (ADU) Regulations
HB 1042 –Conversion of commercial/mixed-use to Residential
Several permitting bills (HB 1293, SB 5290, SB 5412)
8Page 241 of 249
POLICY STATEMENT
STATE-SHARED REVENUES
State-Shared Revenues Fully Funded
▪Liquor Revolving Account (liquor profits): $98.9 million (same)
▪Liquor Excise Account (liquor taxes): $89.4 million (increase of $2.1 million)
▪Cannabis Excise Tax: $50.5 million (increase of $4.9 million)
▪Municipal Criminal Justice Assistance Account: $51.2 million (increase of $6 million)
9Page 242 of 249
POLICY STATEMENT
VOTING RIGHTS ACT
Washington Voting Rights Act
HB 1048 Modified the Washington State Voting Rights Act
Position of “other” -requested amendments; some but not all incorporated
Final bill:
Organization can bring forward a cause of action if an organization member resides in the
jurisdiction.
A plaintiff filing a notice of intent may recover up to $50,000 in costs of bringing forward the
filing even if the jurisdiction adopts a remedy. Similarly, a plaintiff can recover attorneys’ fees and
costs event if they do not receive a favorable judgement and the jurisdiction makes a change.
10Page 243 of 249
POLICY STATEMENT
TAX INCREMENT FUNDING
Tax Increment Funding (TIF) Modification
Legislature approved TIF in 2021
Technical changes needed in 2023
Allow TIF to be used on port property that is being leased
Allow TIF revenues to be spent on local and state-owned facilities
11Page 244 of 249
POLICY STATEMENT
WATER RIGHTS
Transfer of water rights from Burbank to City of Pasco
Coalition –Columbia Snake River Irrigators Association, Franklin Conservation District & Pasco
Sen. Torres sponsored SB 5622
Introduced to encourage further dialogue with stakeholders
As expected, did not pass
Engagement with legislative delegation, Governor’s office, Dept. of Ecology
12Page 245 of 249
NEXT STEPS
Thank the City’s legislative delegation
Interim Work & Preparing for the next session
Legislation not passed in 2023 carries over to 2024
2024 Legislative Session begins January 8thPage 246 of 249
QUESTIONS?
Briahna Murray
Cell: (253) 310-5477
Email: bmurray@gth-gov.com
Holly Cocci
Cell: (253) 509-2403
E-mail: hcocci@gth-gov.comPage 247 of 249
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
Page 248 of 249
CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
Page 249 of 249