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HomeMy WebLinkAbout2023.06.12 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, June 12, 2023 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops 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. To listen to the meeting via phone, call (415) 655-0060 and use access code 307-404-066. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 3 - 53 (a) Discussion of Strategic Planning for Homelessness, Drug Use, Crime and the Effects on the Community 54 - 66 (b) Resolution - Lease Agreement for the Readiness Center with Washington State Military Department 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (15 minutes) 8. ADJOURNMENT Page 1 of 68 9. ADDITIONAL NOTES 67 - 68 (a) Adopted 2020-2021 Council Goals (Reference Only) (b) REMINDERS • Monday, June 12, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel • Friday, June 16, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland (COUNCILMEMBER IRVING BROWN, Rep., COUNCILMEMBER DAVID MILNE, Alt.) • Tuesday, June 20, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) 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 provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 68 AGENDA REPORT FOR: City Council June 8, 2023 TO: Adam Lincoln, City Manager City Council Workshop Meeting: 6/12/23 FROM: Eric Ferguson, City Attorney City Manager SUBJECT: Discussion of Strategic Planning for Homelessness, Drug Use, Crime and the Effects on the Community 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. 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 provided a general overview of the legislation to the Council on June 5, 2023. At that meeting, Council and staff discussed the provisions of SB 5536, when it will go into effect, and a potential regional approach to addressing factors related to this new law with neighboring jurisdictions and court officials. V. DISCUSSION: Staff would like to continue discussion with the Council on potential next steps for local drug use and possession enforcement under this new law as a part of Page 3 of 68 a much larger discussion on homelessness, drug use, crime, and the effects on the local community. It is not anticipated that this topic will be able to be addressed in one part, rather, Part I of the discussion will focus on assessing the most pressing issues for the community. Examples of those issues include illegal parking/living in vehicles; camping in public parks; camping on private property (trespassing); sleeping in city rights-of way; sitting/lying in certain areas of the City; panhandling; etc. The City Attorney will also attempt to provide a brief overview of the current legal constraints related to each of the issues. At a later date, Part II of the discussion will focus on what tools the City currently utilizes to address these issues, and based on a discussion with the City’s prosecutors, the current level of effectiveness of those tools. Also, the City’s prosecutors will provide some suggestions for the Council to provide them with additional tools to implement the City’s priorities. Page 4 of 68 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 5 of 68 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. p. 1 2E2SSB 5536.SLPage 6 of 68 (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 p. 2 2E2SSB 5536.SLPage 7 of 68 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 p. 3 2E2SSB 5536.SLPage 8 of 68 (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 p. 4 2E2SSB 5536.SLPage 9 of 68 (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 p. 5 2E2SSB 5536.SLPage 10 of 68 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 p. 6 2E2SSB 5536.SLPage 11 of 68 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 p. 7 2E2SSB 5536.SLPage 12 of 68 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 p. 8 2E2SSB 5536.SLPage 13 of 68 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 p. 9 2E2SSB 5536.SLPage 14 of 68 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 p. 10 2E2SSB 5536.SLPage 15 of 68 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 p. 11 2E2SSB 5536.SLPage 16 of 68 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 p. 12 2E2SSB 5536.SLPage 17 of 68 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 18 of 68 (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 19 of 68 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 20 of 68 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 21 of 68 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 22 of 68 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 23 of 68 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 24 of 68 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 25 of 68 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 26 of 68 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 27 of 68 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 28 of 68 (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 29 of 68 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 30 of 68 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 31 of 68 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 32 of 68 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 33 of 68 (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 34 of 68 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 35 of 68 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 36 of 68 (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 37 of 68 (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 38 of 68 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 39 of 68 (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 40 of 68 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 41 of 68 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 42 of 68 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 43 of 68 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 44 of 68 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 45 of 68 $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 46 of 68 (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 47 of 68 (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 48 of 68 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 49 of 68 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 50 of 68 (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 51 of 68 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 52 of 68 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 53 of 68 AGENDA REPORT FOR: City Council May 31, 2023 TO: Adam Lincoln, Interim City Manager City Council Workshop Meeting: 6/12/23 FROM: Ken Roske, Police Chief Police Department SUBJECT: Resolution - Lease Agreement for the Readiness Center with Washington State Military Department I. REFERENCE(S): Proposed Resolution Lease Agreement for the Readiness Center with Washington State Military Department II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: June 2023 - May 2024: $26,248.16 June 2024 - May 2025: $28,873.05 June 2025 - May 2026: $31,760.22 June 2026 - May 2027: $34,936.21 The Washington State Office of Financial Management allocated funding specifically to offset costs generated by law enforcement and criminal justice related legislation enacted by Senate Bill 5092. The allocated funds will cover the entirety of the lease agreement term, relieving the City of any financial burden associated with this first lease agreement. IV. HISTORY AND FACTS BRIEF: Starting in 2011 through present, the Pasco Police Department has utilized the facility located at 204 W. Clark Street for both internal weekly in-service training, as well as a host training location for local law enforcement agencies in the Tri- Cities region. Legislative changes enacted by Senate Bill 5092 in conjunction with the city's partnership with the Washington State Criminal Justice Training Page 54 of 68 Commission, additional training space is needed to adequately meet law enforcement training demands. State Washington the with agreement Military a into entering By lease Department, the city will actively contribute to fostering collaboration and enhancing overall preparedness within the Pasco community. This additional training facility located at 127 W. Clark Street will allow the police department to continue to provide more frequent and comprehensive training exercises ensuring coordinated and efficient response to critical situations. V. DISCUSSION: Executing the Lease Agreement with the Washington State Military Department for the building located at 127 W. Clark Street will allow the Pasco Police Department to meet training requirements resulting from the demands of Senate Bill 5092 enhancing Pasco Police Officers' emergency response capabilities. Staff recommends approval of this lease. Page 55 of 68 Resolution – Lease Agreement /Washington State Military Department - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE WASHINGTON STATE MILITARY DEPARTMENT AND THE CITY OF PASCO. WHEREAS, the City of Pasco (City) and the Washington State Military Department desire to enter into this Lease Agreement for the purpose of Drill Floor and classrooms used to deliver in-service training to Pasco Police Officers; and WHEREAS, the City wishes to enter into an agreement as Lessee of the premises located at 127 West Clark Street Pasco, WA 99301 to host in-service training of Pasco Police Officers; and WHEREAS, the City shall do all things necessary for, and incidental to the performance of duties set forth in this Agreement; and WHEREAS, the City Council of the City of Pasco has after due consideration, determined that it is in the best interest of the City to enter into the Lease Agreement for the purpose of Drill Floor and classrooms used to deliver in-service training to Pasco Police Officers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Lease Agreement between Washington State Military Department and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. 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 56 of 68 Pasco Police Department Page 1 of 10 LX23-013 MIL#: LX23-013 State of Washington Military Department Bldg. 36, Camp Murray Tacoma, WA 98430-5013 Attn: Real Property Office Document Title: Lease Lessor: Washington State Military Department Lessee: Pasco Police Department FACILITY LEASE This LEASE is made and entered into between Washington State Military Department whose address is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430- 5013, for its administrators, successors, and assigns, hereinafter called the Lessor, and Pasco Police Department hereinafter called the Lessee. WHEREAS, the Lessor and Lessee deem it to be in the best public interest to enter into this Lease; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: PREMISES The Lessor hereby leases to the Lessee the following described Premises: Tax Parcel Number: A portion of #112036056 Common Name and Street Address: 127 W. Clark St., Pasco, WA 99301, READINESS CENTER Legal Description: A portion of said parcel located at 127 W. Clark St., Pasco, WA 99301 legally described as: Lots 1 through 6 and Lots 18 through 22, Block 4, N. P. Plat and North & South Alley adj. Lots 1 through 6 and Lots 22 and 52, Vacated East & West Alley adj. Lots 20 through 22, County of Franklin, State of Washington. The Premises are further restricted to areas described in the section 3, Use, including any exhibit thereto. USE 3. Exclusive use of the Drill Floor and classrooms for the express purpose of police training. No other use is permitted without prior written authorization from the Lessor. TERM 4. TO HAVE AND TO HOLD the Premises with their appurtenances for the term beginning June 1, 2023 and ending May 31, 2027. The first day of the term is the Commencement Date. CONDITION OF PROPERTY Page 57 of 68 Pasco Police Department Page 2 of 10 LX23-013 5. Taking possession of the Property by Lessee constitutes acknowledgment by Lessee that the Property and all of its appurtenances thereto are in good and tenantable condition, in good order and repair, and in safe condition for the conduct of any activities or enterprises to be conducted on the Property pursuant to this Lease. Lessee acknowledges that Lessor has made no representations as to the condition of the Property unless such are expressly set forth in this Lease. RENT 6A. The Lessee shall pay rent to the Lessor for the Premises at the following rate and the rent will be adjusted on an annual basis effective as of the annual anniversary date using the CPI for Washington State, but the rent shall not be increased by more than 10% of the prior year's rent. June 1, 2023 through May 31, 2024 June 1, 2024 through May 31, 2025 June 1, 2025 through May 31, 2026 $1,938.45 Monthly including utilities $2,132.30 Monthly including utilities $2,345.52 Monthly including utilities June 1, 2026 through May 31, 2027 $2,580.07 Monthly including utilities 6B. Payment shall be made payable to the Washington State Treasurer Rent shall be sent to: State of Washington, Military Department Camp Murray, Building 1 Attention: State Finance Department Tacoma, Washington 98430 If applicable, Lessee shall remit to Lessor leasehold excise tax, pursuant to RCW 82.29A, which is 12.84% of the rental payment. Leasehold excise tax shall be adjusted if there occurs an adjustment in the rental rate or leasehold excise tax rate. Said tax shall be paid the same time as payment of rent is due. LATE CHARGE 7. If any payment of rent, or any other sum due to the Lessor, is not received by Lessor by the due date, a late charge of one percent (1%) of the rent due and unpaid plus a $25.00 administration fee shall be added to the amount due and the total sum shall become immediately due and payable to Lessor. Each additional rental period that the amount due goes unpaid shall be ' subject to a late charge of one percent (1%) of the rent due plus an administration fee of $25.00. Also, there shall be a charge of $25.00 for any check returned uncollectible. MAINTENANCE AND REPAIR 8A. The Lessee shall be liable for and charged for any damage it, or its agents, employees, invitees, and guests cause to the Premises during the term of the Lease. Ordinary wear and tear is not considered damage. The Lessee is responsible for keeping the Premises in as clean or cleaner condition than existed prior to any use. If debris is left on the Premises, Lessee may be charged for cleaning fees. Lessor will invoice the Lessee for the reasonable costs of any repairs of damages for which it is liable and/or cleaning fees, and the Lessee shall pay said invoice within thirty (30) days of receipt. Page 58 of 68 Pasco Police Department Page 3 of 10 LX23-013 8B. The Lessor shall maintain the Premises in good repair and condition during the term of this Lease; provided Lessee shall be charged for any repair of damages for which it is liable under 8A. Upon receiving written notice from Lessee of a condition of the property requiring repair, Lessor shall inspect the area and determine if repair is in fact needed, and if needed, Lessor will endeavor to initiate and complete cure or repair such condition within a reasonable time, subject to available funding and priorities as determined in the Lessor’s discretion. The Lessor reserves the right at reasonable times to inspect the Premises. ASSIGNMENT/SUBLEASE 9. The Lessee shall not assign this Lease nor sublet the Premises and shall not permit the use of Premises by anyone other than the Lessee, its agents, employees, invitees, and guests or for any use other the use provided in section 3, Use, without the prior written consent of the Lessor, which consent can be withheld for any reason in the Lessor's lawful discretion. FIXTURES 10. During the term of this Lease, the Lessee is not permitted to attach fixtures or erect signs without the prior written approval of the Lessor. Unless otherwise agreed in a written amendment, all fixtures shall be installed and removed upon Lease termination at the Lessee’s sole cost and expense. The Lessee shall be liable for the reasonable costs of any such removal including the costs of repair or restoring the Premises from such removal. RENEWAL 11. If Lessee desires to seek renewal of the Lease, it shall provide written notice to Lessor of its intention to seek renewal at least sixty (60) days prior to the expiration date of the Lease by registered or certified mail. The Lessor in its sole discretion will determine whether it desires to enter such a renewal with the Lessee and shall endeavor to notify the Lessee of its willingness to negotiate renewal within thirty days of its receipt of the notice. If Lessor is willing to negotiate a renewal, and if negotiations between the parties have not resulted in a new Lease agreement before the expiration of this Lease, no renewal shall occur, unless the Lessor extends this deadline in writing. TERMINATION, SUSPENSION, AMENDMENT 12A. It is mutually understood and agreed by and between the Lessor and the Lessee that this Lease may be terminated by the Lessee on or after the 1st month of its term, and any month thereafter, provided that written notice of such cancellation and termination shall have been given at least ninety (90) days prior to the effective date thereof, in which event rent shall be prorated to the date of termination. 12B. It is mutually understood and agreed that the Lessor may indefinitely suspend or terminate this Lease, in its unfettered discretion, with seven (7) day notice when such notice is practicable. Provided, if the Lessor in its discretion determines that an emergency condition exists, the Lessor may suspend or terminate the Lease immediately upon notice to the Lessee or notice posted on the Premises. Upon suspension or termination, the Lessee shall immediately vacate the Premises or by such date as may be provided in the notice. Lessee shall in no way obstruct or interfere with the Page 59 of 68 Pasco Police Department Page 4 of 10 LX23-013 Lessor’s use of the Premises. 12C. This Lease may be amended only by a written mutual agreement of the parties, signed by both parties by person with authority to sign. Such amendment shall not take effect until made in writing and signed by authorized representatives of the parties. CONDITION AT END OF LEASE TERM 13A. Upon cancellation or termination of this Lease, Lessee agrees to vacate the Premises immediately or by such date as Lessor otherwise provides in writing, and remove at its expense all property it owns, unless otherwise agreed in writing with the Lessor. The Lessee shall pay the costs of any such cleaning plus Lessor’s administrative expenses to conduct the cleaning with thirty days of receiving an invoice. If a deposit or credit exists, the Lessor may deduct any outstanding charges from the deposit or credit. 13B. Lessee shall be responsible for all reasonable costs, expenses, and attorneys’ fees associated with such termination, including, but not limited to, those costs, expenses, and attorneys’ fees that the Lessor incurs for repair of damage for which Lessee is liable, cleaning for which Lessee is liable, removal of property of the Lessee and any related repair or restoration of the Premises. The costs of cleaning include Lessor’s administrative expenses to conduct the cleaning. 13C. In the event Lessee does not remove trade fixtures, personal property and equipment within thirty (30) days following lease expiration or termination, Lessor may at its election (i) require Lessee to remove such property at Lessee's sole expense, and Lessee shall be liable for any damage to the property caused by such removal and the costs of restoration to a condition at least as good as the property was prior to the placement of such property on the Premises, (ii) treat said items as abandoned, retaining said properties as part of the Premises; or (iii) have the items removed and stored at Lessee's expense. Lessee shall reimburse Lessor for any damage caused to the Property by the removal and restoration, whether removal or restoration is by Lessee or Lessor within 30 days receipt of notification by Lessor. HOLDING OVER 14. If Lessee remains in possession of the Premises after the expiration or termination of the Lease term, or any extension thereof, the Lessor in its sole discretion may deem such holdover to be a month- to-month tenancy by providing written notice thereof to the Lessee. In such case, Lessee shall pay 150% of monthly rent provided for in this Lease or such other rent as the parties mutually agree to in writing and all provisions of this Lease shall apply to the month-to-month tenancy, except those pertaining to term and option to renew. Lessor may terminate the month-month tenancy upon thirty (30) days advance written notice. DISASTER 15. In the event the Leased Premises are destroyed or damaged by fire, earthquake, or other casualty so as to render the Premises totally unfit for occupancy, the Lessor or the Lessee may terminate this Lease. In the event of such termination, Lessee shall be reimbursed for any unearned rent that has been paid, minus any charges that have not been paid. Page 60 of 68 Pasco Police Department Page 5 of 10 LX23-013 NO GUARANTEES 16. It is understood that the Lessor has made no guarantees, express or implied, representations, promises or statements unless endorsed herein in writing. This Lease shall not be valid and binding upon the State of Washington unless it has been approved by The Adjutant General of the Military Department or his or her designee and approved as to form by the Office of the Attorney General. DISPUTE RESOLUTION 17. In the event that a dispute arises between the parties and it cannot be resolved through discussion and direct negotiation, either party may request the matter be mediated. If mediation fails to produce an agreement or the parties agreed to forgo mediation, it shall be submitted to arbitration under RCW 7.04A. All costs of arbitration shall be equally shared, and each party shall bear its own attorney’s fees, if any. HOLD HARMLESS 18. To the fullest extent permitted by law, the Lessee, its successors or assigns expressly agrees to and shall indemnify, defend and hold harmless the Lessor and its agencies, officials, agents, and employees, from and against all claims, actions, costs, damages, or expenses of any nature arising out of or in connection with any acts or activities of Lessee, its employees, agents, guest, or invitees authorized by this Lease. Lessee's obligation to defend includes payment of any costs or attorneys' fees. Lessee's obligation shall not include such claims that may be caused by the sole negligence of the Lessor and its agents and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the Lessor, its agents or employees and (b) the Lessee, its agents, employees, invitees, or guests, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Lessee, its agents, employees, invitees, or guests. The Lessee expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the Lessor and its agents or employees. INSURANCE 19A. Lessee shall, at all times during the term of this Lease and at its sole cost and expense, buy and maintain insurance of the types and amounts listed below, and provide proof of insurance prior to the beginning of the Lease period. In the absence of such insurance, this Lease shall be deemed void. Further, Lessee shall promptly notify Lessor of any changes, modifications, or amendments to such policies. Failure to buy and maintain the required insurance may result in the termination of the Lease at the Lessor's discretion. 19B. All insurance and surety bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by the Department’s Risk Manager, or the Risk Manager for the State of Washington, before the Lease is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Page 61 of 68 Pasco Police Department Page 6 of 10 LX23-013 19C. Lessee shall maintain general liability (CGL) insurance, and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the General Aggregate limit shall be at least twice the "each occurrence" limits. CGL insurance shall have products-completed operations aggregate limit of at least two times the "each occurrence" limits. 19D. CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage). All insurance shall cover liability arising out of Premises, operations, independent contracts, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation on insured (cross liability) condition. All policies required under this paragraph shall include and maintain the following provisions and the Lessor shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications: Lessee is subject to 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall give the State 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the Lessor shall be given ten (10) days advance notice of cancellation. Lessee is subject to 48.15 RCW (Surplus lines): The Lessor shall be given twenty (20) days advance notice of cancellation. If cancellation is due to non-payment of premium, the Lessor shall be given ten (10) days advance notice of cancellation. The Lessor, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella and property insurance policies. The Insurance certificate must include Military Lease Number, Readiness Center Location and endorsements. All insurance provided in compliance with this Lease shall be primary as to any other insurance or self-insurance programs afforded to or maintained by Lessor. By requiring insurance herein, Lessor does not represent that coverage and limits will be adequate to protect Lessee; and such coverage and limits shall not limit Lessee's liability under the indemnities and reimbursements granted to Lessor in this Lease. HAZARDOUS SUBSTANCES 20. Lessee shall not keep on or about the Premises, for use, disposal, treatment, generation, storage or sale any substances which are hazardous, toxic, harmful or dangerous, and/or which are subject to regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance (collectively referred to herein as "hazardous substances"). Lessee shall be fully liable to the Lessor, and shall, to the extent permitted by law, indemnify, defend and save harmless the Lessor and its officials and employees, with respect to any and all damages, costs, fees (including attorneys' fees and costs), civil and criminal penalties, or clean-up costs assessed against or imposed as a result of Lessee's use, disposal, generation, storage, or sale of hazardous substances or that of Lessee's employees, agents, or invitees. Page 62 of 68 Pasco Police Department Page 7 of 10 LX23-013 NON-DISCRIMINATION 21. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessees operations, programs or activities conducted on the Leased Premises, because of race, creed, color, national origin, sexual orientation (including gender identity and gender expressions), sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin. The Lessee will comply with the Americans with the Disabilities Act of 1990 (42 U.S.A., 12101-12213 and the Washington State Law against discrimination, chapter 49.60 RCW, as well as the regulations adopted thereunder and attendant Americans with Disabilities Act Accessibility Guideline (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. PREMISES 22. Lessor and Lessee have conducted a walk through inspection of the Premises. It is understood and agreed that the Lessee accepts the Premises in their present condition and accepts all risk of injury to persons or damage to property resulting from, or arising out of, the condition of the Premises. This acceptance includes knowledge that the Premises may not meet the requirements set forth in the Americans with Disabilities Act (ADA). Lessee agrees to hold Lessor harmless from any liability or claims due to the Lessee’s failure to comply with comply with ADA, if the Lessee has a duty to comply the ADA or an ADA requirement arises from the Lessee’s use of the Premises. ADDITIONAL LEASE PROVISIONS 23A. Alcoholic beverages and the sale and consumption of alcoholic beverages are prohibited in or on property owned by the Lessor. No smoking shall be allowed on the Premises. 23B. All signs installed on the exterior of the Premises and/or doors and windows of the Premises shall be subject to the prior written approval of the Lessor, which approval can be withheld for any reason in total and unrestricted discretion of the Lessor. 23C. Lessee agrees that areas not specifically authorized for their use under the terms of this Lease are not authorized for the use or entry of Lessee, its employees, agents, guests, and invitees, and that entry into such unauthorized areas may be grounds for termination of this Lease. 23D. Lessee agrees to not use this property for commercial and political activities. Lessor's buildings may not be used for political purposes nor will they be rented to a political organization or an affiliate thereof except the local government agencies for use as a polling place. Buildings will not be rented to profit making organizations unless the profits are generated for some public or beneficial use. Profit making organizations or civic groups may use Lessor's buildings when the primary purpose of the event is a fundraiser in the public interest. The facility will not be used for activities detrimental to the interest of the US Government, the State of Washington, the National Guard or its members. 23E. Lessee acknowledges the Lessee shall be solely responsible for the personal security and protection of its employees, agents, customers, invitees, children, parents participating in Lessee’s activities, and spectators or visitors associated with Lessee's activities, including but not limited to Page 63 of 68 Pasco Police Department Page 8 of 10 LX23-013 personal injury, and property damage, including damage to personal property. Lessee shall be responsible for instituting adequate security measures to accomplish such security and protection. Lessee's obligations encompass the Leased area. Any security devices to be installed at the Premises require the prior written consent of Lessor and shall be in conformance with Lessor's criteria, if any. Lessee agrees to save Lessor, its agents and employees harmless from any and all liability due to any personal injury, or property damage or loss in any way related to Lessee's security measures. CONDEMNATION CLAUSE 24. If all the Premises or such portions of the Premises, as may be required for the reasonable use of the Premises, are taken by eminent domain, this Lease shall automatically terminate as of the date Lessee is required to vacate the Premises and all rentals shall be paid to that date. In case of a taking of a part of the Premises, or a portion not required for the reasonable use of the premises, then the Lease shall continue in full force and effect and the rental shall be equitably reduced based on the proportion by which the floor area of the Premises is reduced, such rent reduction to be effective as of the date possession of such portion is delivered to the condemning authority. Lessor reserves all rights to damages and awards in connection therewith, except Lessee shall have the right to claim any relocation benefits. NOTICES 25. Wherever in this Lease written notices are to be given or made, they will be sent by certified mail to the address listed below unless a different address shall be designated in writing and delivered to the other party. LESSOR: State of Washington, Military Real Property Office Camp Murray, Building 36 Tacoma, WA 98430-5013 harold.ehrlich@mil.wa.gov 253-512-1453 LESSEE: Pasco Police Department/Ken Roske, Chief of Police 215 W. Sylvester St. Pasco, Washington 99301 ROSKEK@pasco-wa.gov 509-545-3437 Office CAPTIONS 26. The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. Page 64 of 68 Pasco Police Department Page 9 of 10 LX23-013 GOVERNING LAW/VENUE 27. This Lease is to be governed by and construed in accordance with the laws of the State of Washington. Venue of any action between parties relating to this Lease will be in Thurston County, Washington. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. Pasco Police Department STATE OF WASHINGTON MILITARY DEPARTMENT By: By: (signature) (signature) Print Name: Title: Date: Print Name: MG Bret D. Daugherty Title: The Adjutant General Date: BOILERPLATE APPROVED AS TO FORM Brian Faller (signature on file 7/20/16) Assistant Attorney General Page 65 of 68 Pasco Police Department Page 10 of 10 LX23-013 State of ) ) ss. County of ) On this day of , 20 , before me personally appeared Bret D. Daugherty to me known to be the Adjutant General of the Washington State Military Department that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires State of County of ) ) ss. ) On this day of , 20 , before me personally appeared Bret D. Daugherty to me known to be the Adjutant General of the Washington State Military Department that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires Page 66 of 68 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 67 of 68 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 68 of 68