HomeMy WebLinkAbout10-21-2013 CITY COUNCIL AGENDA PACKET
City Council Meeting
October 21, 2013 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
1. Public Hearing on Moratorium Established by Resolution 4992*
(Backus/Heid)
Resolution No. 4992, adopted September 16, 2013, established an initial one
year moratorium prohibiting the City from accepting or processing
applications for business licenses and other licenses, permits and approvals
for marijuana/cannabis related businesses and uses in all zoning districts in
the city of Auburn and set today's date for a public hearing on the
moratorium.
(RECOMMENDED ACTION: City Council conduct the public hearing and
confirm the moratorium and the findings outlined in Resolution No.
4992.)
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. October 14, 2013 Minutes* (Peloza)
B.Planning & Community Development
1. October 14, 2013 Minutes* (Backus)
Page 1 of 246
C.Public Works
1. October 7, 2013 Minutes* (Wagner)
D.Finance
1. October 7, 2013 Minutes* (Partridge)
E.Les Gove Community Campus
1. October 10, 2013 Minutes* (Wagner)
F.Council Operations Committee
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. October 7, 2013 Regular Meeting Minutes*
B. Claims Vouchers (Partridge/Coleman)
Claims voucher numbers 425614 through 425853 in the amount of $7,403,386.03
and dated October 21, 2013.
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 534156 through 534193 in the amount of $915,812.51 and
electronic deposit transmissions in the amount of $1,276,753.01 for a grand total
of $2,192,565.52 for the period covering October 3, 2013 to October 16, 2013.
D. Public Works Project No. C0915* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 8 to Contract No. 12-04 in the
amount of $0.00 and accept construction of Project No. CP0915, Well 1
Transmission Main
E. Public Works Project No. CP1003* (Peloza/Faber)
City Council approve final pay estimate and accept completed construction of Lea
Hill Park Project, Contract No. 12-13, to Bargmann Enterprises, LLC.
F. Call for Public Hearing - 2013-2014 Biennial Budget Mid-biennial Review
(Partridge/Coleman)
City Council to call for a second public hearing to be held November 4, 2013 to
receive public comments and suggestions with regard to the proposed mid-
biennial modifications to the 2013-2014 adopted Biennial Budget.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
There is no new business.
VII.RESOLUTIONS
Page 2 of 246
A. Resolution No. 4995* (Partridge/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, declaring
certain items of property as surplus and authorizing their disposal
(RECOMMENDED ACTION: City Council adopt Resolution No. 4995.)
B. Resolution No. 4996* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute a Payback Agreement between the City of Auburn and SFGVI
Properties LLC for Developer's Sanitary Sewer Extension
(RECOMMENDED ACTION: City Council adopt Resolution No. 4996.)
C. Resolution No. 4997* (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of grant funds in the amount of One Hundred Eight Thousand Eight
Hundred Sixty-nine Dollars ($108,869.00), and authorizing the Mayor to execute
an interlocal agreement between the Department of Ecology and the City of
Auburn to accept said funds for implementation of the 2013-2015 Coordinated
Prevention Grant Program
(RECOMMENDED ACTION: City Council adopt Resolution No. 4997.)
D. Resolution No. 4998* (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute a contract between the City of Auburn and the
City of Algona for decant facilities usage and street sweeping services
(RECOMMENDED ACTION: City Council adopt Resolution No. 4998.)
VIII. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
IX.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on Moratorium Established by Resolution
4992
Date:
October 15, 2013
Department:
Administration
Attachments:
Public Hearing Notice
Res 4992
Proposed Rules
I502
Chapeter 69.51A
Budget Impact:
$0
Administrative Recommendation:
City Council conduct the public hearing and confirm the moratorium and the findings
outlined in Resolution No. 4992.
Background Summary:
Resolution No. 4992, adopted September 16, 2013, established an initial one year
moratorium prohibiting the City from accepting or processing applications for business
licenses and other licenses, permits and approvals for marijuana/cannabis related
businesses and uses in all zoning districts in the City of Auburn.
The Washington State Legislature approved Engrossed Second Substitute Senate Bill
(E2SSB) 5073, effective July 22, 2011, that allows cannabis to be grown in collective
gardens. Parts of this Bill were vetoed by the Governor, leaving other parts of the Bill
vulnerable to inconsistent interpretation. Washington Initiative 502 (I-502), and initiative
"on marijuana reform" was passed by the voters on the November 2012 general ballot.
This initiative called for regulations for marijuana activities to be promulgated by the
Washington State Liquor Control Board. Draft regulations are being circulated for
review, and these regulations and the initiative contain terms that are different than
E2SSB 5073. The City of Auburn does not currently have any specific provisions in its
business licensing codes and its zoning and land use codes addressing the use of
marijuana/cannabis or activities related thereto, as would be encompassed by either
E2SSB 5073 or I-502. In order to fully consider the potential negative impacts of any
future use of property for such use of marijuana/cannabis or activities related thereto in
the City of Auburn, and in order to fully consider all the options and alternatives for local
regulations, the City needs time to complete such reviews. RCW 35A.63.220 and
36.70A.390 authorize cities to adopt moratoria for such purposes.
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 246
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Heid
Meeting Date:October 21, 2013 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 5 of 246
CITY OF AUBURN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Auburn
City Council at 7:30 PM on Monday, October 21, 2013, in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn,
Washington, 98001 on the following:
MORATORIUM
Resolution No. 4992, adopted September 16, 2013, establishes an initial one year
moratorium prohibiting the City from accepting or processing applications for
business licenses and other licenses, permits and approvals for marijuana/cannabis
related businesses and uses in all zoning districts in the City of Auburn.
The Washington State Legislature approved Engrossed Second Substitute Senate
Bill (E2SSB) 5073, effective July 22, 2011, that allows cannabis to be grown in
collective gardens. Parts of this Bill were vetoed by the Governor, leaving other parts
of the Bill vulnerable to inconsistent interpretation. Washington Initiative 502 (I-502),
and initiative "on marijuana reform" was passed by the voters on the November
2012 general ballot. This initiative called for regulations for marijuana activities to be
promulgated by the Washington State Liquor Control Board. Draft regulations are
being circulated for review, and these regulations and the initiative contain terms
that are different than E2SSB 5073. The City of Auburn does not currently have any
specific provisions in its business licensing codes and its zoning and land use codes
addressing the use of marijuana/cannabis or activities related thereto, as would be
encompassed by either E2SSB 5073 or I-502. In order to fully consider the potential
negative impacts of any future use of property for such use of marijuana/cannabis or
activities related thereto in the City of Auburn, and in order to fully consider all the
options and alternatives for local regulations, the City needs time to complete such
reviews. RCW 35A.63.220 and 36.70A.390 authorize cities to adopt moratoria for
such purposes.
Non-English speaking residents wishing to review documents pertaining to this issue
should contact the City of Auburn City Clerk’s Office. Citizens with speech, sight or
hearing disabilities wishing to review documents should contact the City of Auburn
within 10 calendar days prior to the Council meeting, as to the type of service or
equipment needed. Each request will be considered individually according to the
type of request, the availability of resources and the financial ability of the City to
provide the requested services or equipment.
Written comments and/or suggestions may be sent to the City of Auburn, c/o Auburn
City Clerk, 25 W. Main Street, Auburn, 98001, or faxed to (253)804-3116.
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(Do not publish below this line.)
Publish in the Seattle Times on Thursday, October 10, 2013
PH.1 Page 6 of 246
RESOLUTION NO. 4 9 9 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM
ON ACCEPTANCE OR PROCESSING OF APPLICATIONS
FOR BUSINESS LICENSES AND OTHER LICENSES,
PERMITS AND APPROVALS FOR MARIJUANA/CANNABIS
RELATED BUSINESSES AND USES
WHEREAS, Washington State's Initiative 502 (1-502) was an initiative to the
Washington State Legislature seeking reform of the laws in this state on marijuana,
which Initiative appeared on the November 2012 general election ballot, and was
passed by a margin of approximately 56 percent to 44 percent; and
WHEREAS, notwithstanding the State Initiative, the City of Auburn has in its City
Code a provision that precludes enactment of city ordinances that are in conflict with
state or federal law, as follows.
1 04.060 Conflict of ordinances with state or federal law.
All ordinances and city code provisions, and regulations therein, shall not
be in conflict with all other regulations and/or requirements of state and federal
law, insofar as not permitting or allowing any action, use or conduct which is in
violation of or prohibited by any state or federal laws, regulations or codes. Any
such provisions that cannot be implemented or enforced because of provisions of
state or federal law, or that cannot be reconciled with any state or federal law,
shall be deemed to be in conflict therewith. Any provisions of city ordinances or
of the city code deemed by the city council to be in conflict with state or federal
law shall be null and void This provision does not allow any action, use or
conduct which is in violation of any local, state or federal laws, regulations, codes
and/or ordinances. Any action, use or conduct which is not permitted or allowed
is prohibited (Ord 6416 § 3, 2012.)
and
WHEREAS, notwithstanding the State Initiative, there are clear conflicts between
the State and Federal law on marijuana/cannabis, as cannabis is still classified as a
schedule I controlled substance under federal law and subject to federal prosecution
under the doctrine of dual sovereignty; and
Resolution No. 4992
September 10, 2013
Page 1 of 7PH.1 Page 7 of 246
WHEREAS, in addition to the conflict between the State Initiative and Federal
law, the practices of those involved in marketing marijuana/cannabis products are
changing, so that how certain things would be addressed by the State of Washington is
in flux and fraught with uncertainties, and
WHEREAS, following the passage of 1-502, the State of Washington has moved
forward with the development of processes and regulations for marijuana licenses,
requirements for an application process and for reporting, and other requirements for
marijuana/cannabis related businesses, and
WHEREAS, Chapter 69 51A of the Revised Code of Washington (RCW), most
recently amended by Laws of the State of Washington, Chapter 181 in 2011, contains
provisions regarding medical cannabis that are not addressed in the State Initiative
These most recent amendments, combined with the State Initiative, appear to create a
two tiered" system regarding marijuana/cannabis, depending on whether the use is
recreational or medical There continues to be uncertainty as to how to reconcile the
differences between recreational and medical cannabis
WHEREAS, it is appropriate that the (currently "draft") provisions of the
Washington Administrative Code (WAC) — Chapter 314-55 WAC — be thoroughly
evaluated in terms of what they mean for the City of Auburn, how the City should
address these State regulations and the possible effect on Chapter 69 51A RCW; and
WHEREAS, the City of Auburn does not currently have a specific provision in its
zoning and land use codes addressing the use of property for marijuana/cannabis
related businesses or medical marijuana, and
Resolution No. 4992
September 10, 2013
Page 2 of 7PH.1 Page 8 of 246
WHEREAS, in conformity with the responsibilities of the City of Auburn to provide
for zoning and land use regulations pursuant to state law, and the City's authority to
regulate land use activity within its corporate limits, the City intends to explore and
evaluate how it can develop appropriate zoning and land use regulations for
marijuana/cannabis related businesses and medical marijuana related activities, and
WHEREAS, the City Council understands, based on information compiled by
other jurisdictions and publicly available, that the secondary impacts associated with
marijuana/cannabis related businesses and medical marijuana related activities could
include crimes against the businesses themselves as a result of the products
maintained on the site, increased criminal activity in areas around the businesses, loss
of revenue for neighboring businesses, and exposure of marijuana/cannabis products to
minors, and
WHEREAS, the City Council further understands, based on information compiled
by other jurisdiction and publicly available, that indiscriminately and inappropriately
allowing state licensed marijuana/cannabis related businesses to be located within the
City may result in diminution of real estate property values, and may, as well, result in
adverse impacts to the affected neighborhoods, and
WHEREAS, to avoid or minimize the potential negative impacts of any future use
of property for such marijuana/cannabis related businesses in the City of Auburn, it will
be necessary for there to be City regulations in place to 1) properly review and assess
the impacts a marijuana/cannabis related business may have on the City and the
immediate neighborhood; and 2) determine reasonable and appropriate measures to be
taken to mitigate those identified negative impacts, and
Resolution No. 4992
September 10, 2013
Page 3 of 7PH.1 Page 9 of 246
WHEREAS, in order to fully consider all the options and alternatives for such
regulations, including evaluation of State regulations, and to fully investigate and review
all of the factors involved in developing potential appropriate regulation of
marijuana/cannabis related businesses, the City needs time to complete such reviews
and put into place such regulations prior to accepting applications for siting State
licensed marijuana/cannabis related businesses and medical marijuana related
activities, and
WHEREAS, RCW Sections 35A.63.220 and 36 70A.390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate
for the City Council to hold public hearings and to authorize the holding of public
hearings and/or other means to gather information and adopt findings of fact supporting
and justifying the moratorium, and to implement a work plan for review of the issues
related to marijuana/cannabis related businesses in the development of the City's
business and land use regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows.
Section 1 Moratorium Established Pursuant to RCW 35A.63.220, a
moratorium is hereby imposed prohibiting the City from receiving and/or processing any
applications for any marijuana/cannabis related business in any and all zoning districts
in the City of Auburn. For the purposes hereof, marijuana/cannabis related businesses
includes any activities licensable by the State and/or activities addressed by 1-502 or by
Resolution No. 4992
September 10, 2013
Page 4 of 7PH.1 Page 10 of 246
other State Law regarding commercial, recreation and medical marijuana growing
operations, collective gardens, and activities related thereto.
Section 2. Term of Moratorium. The moratorium imposed by this resolution
shall become effective on the date hereof, and shall continue in effect for an initial
period of one year, unless repealed, extended or modified by the City Council after
subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW
35A.63.220, provided that the moratorium shall automatically expire upon the effective
date of zoning and land use regulations adopted by the City Council to address the
implementation of the State's licensing of any marijuana/cannabis related business to
be located in the City of Auburn.
Section 3 Preliminary Findings The following preliminary findings of fact
are hereby adopted:
A. That marijuana/cannabis related businesses have the potential for
significant impacts on neighborhoods and the community
B That because of the potential impacts of these marijuana/cannabis related
businesses, special care and attention needs to be employed in evaluating, considering
and developing appropriate legislation that satisfactorily addresses the concerns of the
City while also conforming to legal requirements.
C It is appropriate to collect and compile documentation, information,
testimony and statements of concerned citizens of the City and of other persons
interested in or familiar with the issues of transitory accommodations and their impacts
to fully explore ways to protect the City and its citizens from the adverse impacts of
marijuana/cannabis related businesses.
Section 4 Conclusion. Based on the above Findings of Fact, the City Council
concludes that the City has the authority to establish a moratorium, and that it is
necessary to establish a moratorium, concerning the establishment, operation, and
processing of applications for marijuana/cannabis related businesses, to act as a stop-
gap measures in order to 1) to provide the City with an opportunity to study the issues
concerning the siting of such State licensed marijuana/cannabis related businesses and
prepare appropriate revisions to the City's codes and regulations, and 2) to protect the
Resolution No. 4992
September 10, 2013
Page 5 of 7PH.1 Page 11 of 246
health, safety and welfare of the citizens of Auburn by ameliorating negative impacts of
marijuana/cannabis related businesses.
Section 5 Work Plan.The following work plan is adopted to address the
issues involving marijuana/cannabis related business regulations.
A. That the City of Auburn Planning Commission shall be authorized and
directed to hold public hearings and public meetings to fully receive and consider
statements, testimony, positions and other documentation or evidence related to the
issue of marijuana/cannabis related businesses.
B That the Planning Commission and City staff are authorized and directed
to review the experiences of other jurisdictions, the status of legal cases, and statistical
data, information, studies and other evidence compiled by other municipalities, of
adverse impacts of marijuana/cannabis related businesses, and to review State and
Federal law and regulations and the regulations, ordinances and codes adopted and
implemented by other municipalities to address marijuana/cannabis related business
land uses, and any other information that is pertinent to consideration of
marijuana/cannabis related businesses.
C That the City of Auburn Planning Commission shall work with City staff
and the citizenry of the City to develop proposals for regulation of marijuana/cannabis
related business land uses and zoning considerations, to be forwarded in their
recommendations to the City Council for inclusion in ordinances and ultimate adoption
as a part of the City Code of the City of Auburn.
D That the Mayor, in consultation with the City Attorney, Planning &
Development Director, the Police Chief and other staff, shall periodically advise and
report to the City Council as to the status of hearings, meetings and information
development regarding activities of the Planning Commission and City staff relative to
the evaluation, consideration and development of regulations related to
marijuana/cannabis related business land uses, with such reports to be scheduled
approximately every six (6) months or as appropriate throughout the period of the
moratorium and any extensions thereof, until adoption of a comprehensive ordinance as
developed, relating to marijuana/cannabis related business land uses becoming
effective in conjunction with the termination of the moratorium referred to in this
Resolution.
Section 6 Public Hearing. A public hearing shall /bye scheduled for 7 30 p.m or
as soon thereafter as the matter may be heard, on the 9 1 day of
2013, in City Council Chambers, 25 West Main Street, Auburn, Washington 98001, to
Resolution No 4992
September 10, 2013
Page 6 of 7PH.1 Page 12 of 246
hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium.
Section 7 Severability If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, or its application held inapplicable to any person, property or circumstance,
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance
Section 8 Effective Date.That this Resolution shall take effect and be in
full force upon passage and signatures hereon.
Dated and Signed this -V day of,yt s. 2013
CITY A
PET R B LEWIS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPR D FORM:
D B Hei ity At orney
Resolution No 4992
September 10, 2013
Page 7 of 7PH.1 Page 13 of 246
Chapter 314-55 WAC
MARIJUANA LICENSES, APPLICATION PROCESS, REQUIREMENTS, AND REPORTING
NEW SECTION
WAC 314-55-005 What is the purpose of this chapter? The purpose
of this chapter is to outline the application process, qualifications
and requirements to obtain and maintain a marijuana license and the
reporting requirements for a marijuana licensee.
NEW SECTION
WAC 314-55-010 Definitions. Following are definitions for the
purpose of this chapter. Other definitions are in RCW 69.50.101.
(1) "Applicant" or "marijuana license applicant" means any person
or business entity who is considered by the board as a true party of
interest in a marijuana license, as outlined in WAC 314-55-035.
(2) "Batch" means a quantity of marijuana-infused product con-
taining material from one or more lots of marijuana.
(3) "Business name" or "trade name" means the name of a licensed
business as used by the licensee on signs and advertising.
(4) "Child care center" means an entity that regularly provides
child day care and early learning services for a group of children for
periods of less than twenty-four hours licensed by the Washington
state department of early learning under chapter 170-295 WAC.
(5) "Elementary school" means a school for early education that
provides the first four to eight years of basic education and recog-
nized by the Washington state superintendent of public instruction.
(6) "Financier" means any person or entity, other than a banking
institution, that has made or will make an investment in the licensed
business. A financier can be a person or entity that provides money as
a gift, loans money to the applicant/business and expects to be paid
back the amount of the loan with or without interest, or expects any
percentage of the profits from the business in exchange for a loan or
expertise.
(7) "Game arcade" means an entertainment venue featuring primari-
ly video games, simulators, and/or other amusement devices where per-
sons under twenty-one years of age are not restricted.
(8) "Library" means an organized collection of resources made ac-
cessible to the public for reference or borrowing supported with money
derived from taxation.
(9) "Licensee" or "marijuana licensee" means any person or entity
that holds a marijuana license, or any person or entity who is a true
party of interest in a marijuana license, as outlined in WAC
314-55-035.
(10) "Lot" means either of the following:
(a) The flowers from one or more marijuana plants of the same
strain. A single lot of flowers cannot weigh more than five pounds; or
[ 1 ]OTS-5501.3PH.1 Page 14 of 246
(b) The trim, leaves, or other plant matter from one or more mar-
ijuana plants. A single lot of trim, leaves, or other plant matter
cannot weigh more than fifteen pounds.
(11) "Marijuana strain" means a pure breed or hybrid variety of
Cannabis reflecting similar or identical combinations of properties
such as appearance, taste, color, smell, cannabinoid profile, and po-
tency.
(12) "Member" means a principal or governing person of a given
entity, including but not limited to: LLC member/manager, president,
vice-president, secretary, treasurer, CEO, director, stockholder,
partner, general partner, limited partner. This includes all spouses
of all principals or governing persons named in this definition and
referenced in WAC 314-55-035.
(13) "Pesticide" means, but is not limited to: (a) Any substance
or mixture of substances intended to prevent, destroy, control, repel,
or mitigate any insect, rodent, snail, slug, fungus, weed, and any
other form of plant or animal life or virus, except virus on or in a
living person or other animal which is normally considered to be a
pest; (b) any substance or mixture of substances intended to be used
as a plant regulator, defoliant, or desiccant; and (c) any spray adju-
vant. Pesticides include substances commonly referred to as herbi-
cides, fungicides, and insecticides.
(14) "Perimeter" means a property line that encloses an area.
(15) "Plant canopy" means the square footage dedicated to live
plant production, such as maintain mother plants, propagating plants
from seed to plant tissue, clones, vegetative or flowering area. Plant
canopy does not include areas such as space used for the storage of
fertilizers, pesticides, or other products, quarantine, office space,
etc.
(16) "Playground" means a public outdoor recreation area for
children, usually equipped with swings, slides, and other playground
equipment, owned and/or managed by a city, county, state, or federal
government.
(17) "Public park" means an area of land for the enjoyment of the
public, having facilities for rest and/or recreation, such as a base-
ball diamond or basketball court, owned and/or managed by a city,
county, state, federal government, or metropolitan park district. Pub-
lic park does not include trails.
(18) "Public transit center" means a facility located outside of
the public right of way that is owned and managed by a transit agency
or city, county, state, or federal government for the express purpose
of staging people and vehicles where several bus or other transit
routes converge. They serve as efficient hubs to allow bus riders from
various locations to assemble at a central point to take advantage of
express trips or other route to route transfers.
(19) "Recreation center or facility" means a supervised center
that provides a broad range of activities and events intended primari-
ly for use by persons under twenty-one years of age, owned and/or man-
aged by a charitable nonprofit organization, city, county, state, or
federal government.
(20) "Residence" means a person's address where he or she physi-
cally resides and maintains his or her abode.
(21) "Secondary school" means a high and/or middle school: A
school for students who have completed their primary education, usual-
ly attended by children in grades seven to twelve and recognized by
the Washington state superintendent of public instruction.
[ 2 ]OTS-5501.3PH.1 Page 15 of 246
(22) "Unit" means an individually packaged marijuana-infused sol-
id or liquid product meant to be eaten or swallowed, not to exceed ten
servings or one hundred milligrams of active tetrahydrocannabinol
(THC), or Delta 9.
NEW SECTION
WAC 314-55-015 General information about marijuana licenses. (1)
A person or entity must meet certain qualifications to receive a mari-
juana license, which are continuing qualifications in order to main-
tain the license.
(2) All applicants and employees working in each licensed estab-
lishment must be at least twenty-one years of age.
(3) Minors restricted signs must be posted at all marijuana li-
censed premises.
(4) A marijuana license applicant may not exercise any of the
privileges of a marijuana license until the board approves the license
application.
(5) The board will not approve any marijuana license for a loca-
tion where law enforcement access, without notice or cause, is limi-
ted. This includes a personal residence.
(6) The board will not approve any marijuana license for a loca-
tion on federal lands.
(7) The board will not approve any marijuana retailer license for
a location within another business. More than one license could be lo-
cated in the same building if each licensee has their own area separa-
ted by full walls with their own entrance. Product may not be commin-
gled.
(8) Every marijuana licensee must post and keep posted its li-
cense, or licenses, and any additional correspondence containing con-
ditions and restrictions imposed by the board in a conspicuous place
on the premises.
(9) In approving a marijuana license, the board reserves the
right to impose special conditions as to the involvement in the opera-
tions of the licensed business of any former licensees, their former
employees, or any person who does not qualify for a marijuana license.
(10) A marijuana processor or retailer licensed by the board
shall conduct the processing, storage, and sale of marijuana-infused
products using sanitary practices and ensure facilities are construc-
ted, kept, and maintained in a clean and sanitary condition in accord-
ance with rules and as prescribed by the Washington state department
of agriculture under chapters 16-165 and 16-167 WAC.
(11) Marijuana licensees may not allow the consumption of mari-
juana or marijuana-infused products on the licensed premises.
NEW SECTION
WAC 314-55-020 Marijuana license qualifications and application
process. Each marijuana license application is unique and investigated
individually. The board may inquire and request documents regarding
all matters in connection with the marijuana license application. The
[ 3 ]OTS-5501.3PH.1 Page 16 of 246
application requirements for a marijuana license include, but are not
necessarily limited to, the following:
(1) Per RCW 69.50.331, the board shall send a notice to cities
and counties, and may send a notice to tribal governments or port au-
thorities regarding the marijuana license application. The local au-
thority has twenty days to respond with a recommendation to approve or
an objection to the applicant, location, or both.
(2) The board will verify that the proposed business meets the
minimum requirements for the type of marijuana license requested.
(3) The board will conduct an investigation of the applicants'
criminal history and administrative violation history, per WAC
314-55-040 and 314-55-045.
(a) The criminal history background check will consist of comple-
tion of a personal/criminal history form provided by the board and
submission of fingerprints to a vendor approved by the board. The ap-
plicant will be responsible for paying all fees required by the vendor
for fingerprinting. These fingerprints will be submitted to the Wash-
ington state patrol and the Federal Bureau of Investigation for com-
parison to their criminal records. The applicant will be responsible
for paying all fees required by the Washington state patrol and the
Federal Bureau of Investigation.
(b) Financiers will also be subject to criminal history investi-
gations equivalent to that of the license applicant. Financiers will
also be responsible for paying all fees required for the criminal his-
tory check. Financiers must meet the three month residency require-
ment.
(4) The board will conduct a financial investigation in order to
verify the source of funds used for the acquisition and startup of the
business, the applicants' right to the real and personal property, and
to verify the true party(ies) of interest.
(5) The board may require a demonstration by the applicant that
they are familiar with marijuana laws and rules.
(6) The board may conduct a final inspection of the proposed li-
censed business, in order to determine if the applicant has complied
with all the requirements of the license requested.
(7) Per RCW 69.50.331 (1)(b), all applicants applying for a mari-
juana license must have resided in the state of Washington for at
least three months prior to application for a marijuana license. All
partnerships, employee cooperatives, associations, nonprofit corpora-
tions, corporations and limited liability companies applying for a
marijuana license must be formed in Washington. All members must also
meet the three month residency requirement. Managers or agents who
manage a licensee's place of business must also meet the three month
residency requirement.
(8) Submission of an operating plan that demonstrates the appli-
cant is qualified to hold the marijuana license applied for to the
satisfaction of the board. The operating plan shall include the fol-
lowing elements in accordance with the applicable standards in the
Washington Administrative Code (WAC).
(9) As part of the application process, each applicant must sub-
mit in a format supplied by the board an operating plan detailing the
following as it pertains to the license type being sought. This oper-
ating plan must also include a floor plan or site plan drawn to scale
which illustrates the entire operation being proposed. The operating
plan must include the following information:
[ 4 ]OTS-5501.3PH.1 Page 17 of 246
Producer Processor Retailer
Security Security Security
Traceability Traceability Traceability
Employee qualifications and training Employee qualifications and training Employee qualifications and training
Transportation of product including
packaging of product for transportation
Transportation of product
Destruction of waste product Destruction of waste product Destruction of waste product
Description of growing operation in-
clude growing media, size of grow
space allocated for plant production,
space allocated for any other business
activity, description of all equipment
used in the production process, and a
list of soil amendments, fertilizers, oth-
er crop production aids, or pesticides,
utilized in the production process
Description of the types of products to
be processed at this location together
with a complete description of all
equipment and solvents, gases, chemi-
cals and other compounds used to cre-
ate extracts and for processing of mar-
ijuana-infused products
Testing procedures and protocols Testing procedures and protocols
Description of the types of products to
be processed at this location together
with a complete description of pro-
cessing of marijuana-infused products
Description of packaging and labeling
of products to be processed
What array of products are to be sold
and how are the products to be dis-
played to consumers
After obtaining a license, the license holder must notify the
board in advance of any substantial change in their operating plan.
Depending on the degree of change, prior approval may be required be-
fore the change is implemented.
(10) Applicants applying for a marijuana license must be current
in any tax obligations to the Washington state department of revenue,
as an individual or as part of any entity in which they have an owner-
ship interest. Applicants must sign an attestation that, under penalty
of denial or loss of licensure, that representation is correct.
(11) The issuance or approval of a license shall not be construed
as a license for, or an approval of, any violations of local rules or
ordinances including, but not limited to: Building and fire codes,
zoning ordinances, and business licensing requirements.
(12) Upon failure to respond to the board licensing and regula-
tion division's requests for information within the timeline provided,
the application may be administratively closed or denial of the appli-
cation will be sought.
NEW SECTION
WAC 314-55-035 What persons or entities have to qualify for a
marijuana license? A marijuana license must be issued in the name(s)
of the true party(ies) of interest.
(1) True parties of interest - For purposes of this title, "true
party of interest" means:
[ 5 ]OTS-5501.3PH.1 Page 18 of 246
True party of interest Persons to be qualified
Sole proprietorship Sole proprietor and spouse.
General partnership All partners and spouses.
Limited partnership,
limited liability partner-
ship, or limited liability
limited partnership
•
•
All general partners and
their spouses.
All limited partners and
spouses.
Limited liability compa-
ny
•All members and their
spouses.
•All managers and their
spouses.
Privately held corpora-
tion
•All corporate officers
(or persons with equiva-
lent title) and their
spouses.
•All stockholders and
their spouses.
Publicly held corpora-
tion
All corporate officers (or per-
sons with equivalent title)
and their spouses.
All stockholders and their
spouses.
Multilevel ownership
structures
All persons and entities that
make up the ownership struc-
ture (and their spouses).
Any entity or person
(inclusive of financiers)
that are expecting a per-
centage of the profits in
exchange for a mone-
tary loan or expertise.
Any entity or person who is
in receipt of, or has the right
to receive, a percentage of
the gross or net profit from
the licensed business during
any full or partial calendar or
fiscal year.
Any entity or person who ex-
ercises control over the li-
censed business in exchange
for money or expertise.
For the purposes of this chap-
ter:
•"Gross profit" includes
the entire gross receipts
from all sales and serv-
ices made in, upon, or
from the licensed busi-
ness.
•"Net profit" means
gross sales minus cost
of goods sold.
Nonprofit corporations All individuals and spouses,
and entities having member-
ship rights in accordance
with the provisions of the ar-
ticles of incorporation or the
bylaws.
(2) For purposes of this section, "true party of interest" does
not mean:
(a) A person or entity receiving reasonable payment for rent on a
fixed basis under a bona fide lease or rental obligation, unless the
[ 6 ]OTS-5501.3PH.1 Page 19 of 246
lessor or property manager exercises control over or participates in
the management of the business.
(b) A person who receives a bonus as an employee, if: The employ-
ee is on a fixed wage or salary and the bonus is not more than twenty-
five percent of the employee's prebonus annual compensation; or the
bonus is based on a written incentive/bonus program that is not out of
the ordinary for the services rendered.
(c) A person or entity contracting with the applicant(s) to sell
the property, unless the contract holder exercises control over or
participates in the management of the licensed business.
(3) Financiers - The board will conduct a financial investigation
as well as a criminal background of financiers.
(4) Persons who exercise control of business - The board will
conduct an investigation of any person or entity who exercises any
control over the applicant's business operations. This may include
both a financial investigation and/or a criminal history background.
NEW SECTION
WAC 314-55-040 What criminal history might prevent a marijuana
license applicant from receiving or keeping a marijuana license? (1)
When the board processes a criminal history check on an applicant, it
uses a point system to determine if the person qualifies for a li-
cense. The board will not normally issue a marijuana license or renew
a license to an applicant who has accumulated eight or more points as
indicated below:
Description
Time period
during which
points will be
assigned Points assigned
Felony convic-
tion
Ten years 12 points
Gross misde-
meanor convic-
tion
Three years 5 points
Misdemeanor
conviction
Three years 4 points
Currently under
federal or state
supervision for a
felony convic-
tion
n/a 8 points
Nondisclosure
of any of the
above
n/a 4 points each
(2) If a case is pending for an alleged offense that would earn
eight or more points, the board will hold the application for the dis-
position of the case. If the disposition is not settled within ninety
days, the board will administratively close the application.
(3) The board may not issue a marijuana license to anyone who has
accumulated eight or more points as referenced above. This is a dis-
cretionary threshold and it is further recommended that the following
exceptions to this standard be applied:
[ 7 ]OTS-5501.3PH.1 Page 20 of 246
Exception to criminal history point assignment. This exception to
the criminal history point assignment will expire on July 1, 2014:
(a) Prior to initial license application, two federal or state
misdemeanor convictions for the possession only of marijuana within
the previous three years may not be applicable to the criminal history
points accumulated. All criminal history must be reported on the per-
sonal/criminal history form.
(i) Regardless of applicability, failure to disclose full crimi-
nal history will result in point accumulation;
(ii) State misdemeanor possession convictions accrued after De-
cember 6, 2013, exceeding the allowable amounts of marijuana, usable
marijuana, and marijuana-infused products described in chapter 69.50
RCW shall count toward criminal history point accumulation.
(b) Prior to initial license application, any single state or
federal conviction for the growing, possession, or sale of marijuana
will be considered for mitigation on an individual basis. Mitigation
will be considered based on the quantity of product involved and other
circumstances surrounding the conviction.
(4) Once licensed, marijuana licensees must report any criminal
convictions to the board within fourteen days.
NEW SECTION
WAC 314-55-045 What marijuana law or rule violation history might
prevent an applicant from receiving a marijuana license? The board
will conduct an investigation of all applicants' marijuana law or rule
administrative violation history. The board will not normally issue a
marijuana license to a person, or to an entity with a true party of
interest, who has the following violation history; or to any person
who has demonstrated a pattern of disregard for laws or rules.
Violation Type
(see WAC 314-55-515)Period of Consideration
•Three or more public
safety violations;
•Violations issued
within three years of
the date the applica-
tion is received by the
board's licensing and
regulation division.
•Four or more regulato-
ry violations; or
•One to four, or more
license violations.
•Violations issued
within the last three
years the true par-
ty(ies) of interest were
licensed.
NEW SECTION
WAC 314-55-050 Reasons the board may seek denial, suspension, or
cancellation of a marijuana license application or license. Following
is a list of reasons the board may deny, suspend, or cancel a marijua-
[ 8 ]OTS-5501.3PH.1 Page 21 of 246
na license application or license. Per RCW 66.50.331, the board has
broad discretionary authority to approve or deny a marijuana license
application for reasons including, but not limited to, the following:
(1) Failure to meet qualifications or requirements for the spe-
cific marijuana producer, processor, or retail license, as outlined in
this chapter and chapter 69.50 RCW.
(2) Failure or refusal to submit information or documentation re-
quested by the board during the evaluation process.
(3) The applicant makes a misrepresentation of fact, or fails to
disclose a material fact to the board during the application process
or any subsequent investigation after a license has been issued.
(4) Failure to meet the criminal history standards outlined in
WAC 314-55-040.
(5) Failure to meet the marijuana law or rule violation history
standards outlined in WAC 314-55-045.
(6) The source of funds identified by the applicant to be used
for the acquisition, startup and operation of the business is ques-
tionable, unverifiable, or determined by the board to be gained in a
manner which is in violation by law.
(7) Denies the board or its authorized representative access to
any place where a licensed activity takes place or fails to produce
any book, record or document required by law or board rule.
(8) Has been denied or had a marijuana license or medical mari-
juana license suspended or canceled in another state or local juris-
diction.
(9) Where the city, county, tribal government, or port authority
has submitted a substantiated objection per the requirements in RCW
69.50.331 (7) and (9).
(10) The board shall not issue a new marijuana license if the
proposed licensed business is within one thousand feet of the perime-
ter of the grounds of any of the following entities. The distance
shall be measured along the most direct route over or across estab-
lished public walks, streets, or other public passageway between the
proposed building/business location to the perimeter of the grounds of
the entities listed below:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreation center or facility;
(d) Child care center;
(e) Public park;
(f) Public transit center;
(g) Library; or
(h) Any game arcade (where admission is not restricted to persons
age twenty-one or older).
(11) Has failed to pay taxes or fees required under chapter 69.50
RCW or failed to provide production, processing, inventory, sales and
transportation reports to documentation required under this chapter.
(12) Failure to submit an attestation that they are current in
any tax obligations to the Washington state department of revenue.
(13) Has been denied a liquor license or had a liquor license
suspended or revoked in this or any other state.
(14) The operating plan does not demonstrate, to the satisfaction
of the board, the applicant is qualified for a license.
(15) Failure to operate in accordance with the board approved op-
erating plan.
[ 9 ]OTS-5501.3PH.1 Page 22 of 246
(16) The board determines the issuance of the license will not be
in the best interest of the welfare, health, or safety of the people
of the state.
NEW SECTION
WAC 314-55-070 Process if the board denies a marijuana license
application. If the board denies a marijuana license application, the
applicants may:
(1) Request an administrative hearing per chapter 34.05 RCW, the
Administrative Procedure Act.
(2) Reapply for the license no sooner than one year from the date
on the final order of denial.
NEW SECTION
WAC 314-55-075 What is a marijuana producer license and what are
the requirements and fees related to a marijuana producer license? (1)
A marijuana producer license allows the licensee to produce marijuana
for sale at wholesale to marijuana processor licensees and to other
marijuana producer licensees. Marijuana production must take place
within a fully enclosed secure indoor facility or greenhouse with rig-
id walls, a roof, and doors. Outdoor production may take place in non-
rigid greenhouses, other structures, or an expanse of open or cleared
ground fully enclosed by a physical barrier. To obscure public view of
the premises, outdoor production must be enclosed by a sight obscure
wall or fence at least eight feet high. Outdoor producers must meet
security requirements described in WAC 314-55-083.
(2) The application fee for a marijuana producer license is two
hundred fifty dollars. The applicant is also responsible for paying
the fees required by the approved vendor for fingerprint evaluation.
(3) The annual fee for issuance and renewal of a marijuana pro-
ducer license is one thousand dollars. The board will conduct random
criminal history checks at the time of renewal that will require the
licensee to submit fingerprints for evaluation from the approved ven-
dor. The licensee will be responsible for all fees required for the
criminal history checks.
(4) The board will initially limit the opportunity to apply for a
marijuana producer license to a thirty-day calendar window beginning
with the effective date of this section. In order for a marijuana pro-
ducer application license to be considered it must be received no lat-
er than thirty days after the effective date of the rules adopted by
the board. The board may reopen the marijuana producer application
window after the initial evaluation of the applications received and
at subsequent times when the board deems necessary.
(5) Any entity and/or principals within any entity are limited to
no more than three marijuana producer licenses.
(6) The maximum amount of space for marijuana production is limi-
ted to two million square feet. Applicants must designate on their op-
erating plan the size category of the production premises and the
[ 10 ]OTS-5501.3PH.1 Page 23 of 246
amount of actual square footage in their premises that will be desig-
nated as plant canopy. There are three categories as follows:
(a) Tier 1 – Less than two thousand square feet;
(b) Tier 2 – Two thousand square feet to ten thousand square
feet; and
(c) Tier 3 – Ten thousand square feet to thirty thousand square
feet.
(7) The board may reduce a licensee's or applicant's square foot-
age designated to plant canopy for the following reasons:
(a) If the amount of square feet of production of all licensees
exceeds the maximum of two million square feet the board will reduce
the allowed square footage by the same percentage.
(b) If fifty percent production space used for plant canopy in
the licensee's operating plan is not met by the end of the first year
of operation the board may reduce the tier of licensure.
(8) If the total amount of square feet of marijuana production
exceeds two million square feet, the board reserves the right to re-
duce all licensee's production by the same percentage or reduce licen-
see production by one or more tiers by the same percentage.
(9) The maximum allowed amount of marijuana on a producer's prem-
ises at any time is as follows:
(a) Outdoor or greenhouse grows – One and one-quarter of a year's
harvest; or
(b) Indoor grows – Six months of their annual harvest.
NEW SECTION
WAC 314-55-077 What is a marijuana processor license and what are
the requirements and fees related to a marijuana processor license?
(1) A marijuana processor license allows the licensee to process,
package, and label usable marijuana and marijuana-infused products for
sale at wholesale to marijuana retailers.
(2) A marijuana processor is allowed to blend tested useable mar-
ijuana from multiple lots into a single package for sale to a marijua-
na retail licensee providing the label requirements for each lot used
in the blend are met and the percentage by weight of each lot is also
included on the label.
(3) The application fee for a marijuana processor license is two
hundred fifty dollars. The applicant is also responsible for paying
the fees required by the approved vendor for fingerprint evaluation.
(4) The annual fee for issuance and renewal of a marijuana pro-
cessor license is one thousand dollars. The board will conduct random
criminal history checks at the time of renewal that will require the
licensee to submit fingerprints for evaluation from the approved ven-
dor. The licensee will be responsible for all fees required for the
criminal history checks.
(5) The board will initially limit the opportunity to apply for a
marijuana processor license to a thirty-day calendar window beginning
with the effective date of this section. In order for a marijuana pro-
cessor application license to be considered it must be received no
later than thirty days after the effective date of the rules adopted
by the board. The board may reopen the marijuana processor application
window after the initial evaluation of the applications that are re-
[ 11 ]OTS-5501.3PH.1 Page 24 of 246
ceived and processed, and at subsequent times when the board deems
necessary.
(6) Any entity and/or principals within any entity are limited to
no more than three marijuana processor licenses.
(7) Marijuana processor licensees are allowed to have a maximum
of six months of their average useable marijuana and six months aver-
age of their total production on their licensed premises at any time.
NEW SECTION
WAC 314-55-079 What is a marijuana retailer license and what are
the requirements and fees related to a marijuana retailer license? (1)
A marijuana retailer license allows the licensee to sell only usable
marijuana, marijuana-infused products, and marijuana paraphernalia at
retail in retail outlets to persons twenty-one years of age and older.
(2) Marijuana extracts, such as hash, hash oil, shatter, and wax
can be infused in products sold in a marijuana retail store, but RCW
69.50.354 does not allow the sale of extracts that are not infused in
products. A marijuana extract does not meet the definition of a mari-
juana-infused product per RCW 69.50.101.
(3) Internet sales and delivery of product is prohibited.
(4) The application fee for a marijuana retailer's license is two
hundred fifty dollars. The applicant is also responsible for paying
the fees required by the approved vendor for fingerprint evaluation.
(5) The annual fee for issuance and renewal of a marijuana re-
tailer's license is one thousand dollars. The board will conduct ran-
dom criminal history checks at the time of renewal that will require
the licensee to submit fingerprints for evaluation from the approved
vendor. The licensee will be responsible for all fees required for the
criminal history checks.
(6) Marijuana retailers may not sell marijuana products below
their acquisition cost.
(7) Marijuana retailer licensees are allowed to have a maximum of
four months of their average inventory on their licensed premises at
any given time.
NEW SECTION
WAC 314-55-081 Who can apply for a marijuana retailer license?
(1) Using estimated consumption data and population data obtained from
the office of financial management (OFM) population data, the liquor
control board will determine the maximum number of marijuana retail
locations per county.
The number of retail locations will be determined using a method
that distributes the number of locations proportionate to the most
populous cities within each county. Locations not assigned to a spe-
cific city will be at large. At large locations can be used for unin-
corporated areas in the county or in cities within the county that
have no retail licenses designated. Once the number of locations per
city and at large have been identified, the eligible applicants will
be selected by lottery in the event the number of applications exceeds
[ 12 ]OTS-5501.3PH.1 Page 25 of 246
the allotted amount for the cities and county. Any lottery conducted
by the board will be witnessed by an independent third party.
(2) The number of marijuana retail licenses determined by the
board can be found on the liquor control board web site at
www.liq.wa.gov.
(3) Any entity and/or principals within any entity are limited to
no more than three retail marijuana licenses with no multiple location
licensee allowed more than thirty-three percent of the allowed licen-
ses in any county or city.
(4) The board will initially limit the opportunity to apply for a
marijuana retailer license to a thirty-day calendar window beginning
with the effective date of this section. In order for a marijuana re-
tailer license application to be considered it must be received no
later than thirty days after the effective date of the rules adopted
by the board. The board may reopen the marijuana retailer application
window after the initial evaluation of the applications received and
at subsequent times when the board deems necessary.
NEW SECTION
WAC 314-55-082 Insurance requirements. Marijuana licensees shall
provide insurance coverage as set out in this section. The intent of
the required insurance is to protect the consumer should there be any
claims, suits, actions, costs, damages or expenses arising from any
negligent or intentional act or omission of the marijuana licensees.
Marijuana licensees shall furnish evidence in the form of a certifi-
cate of insurance satisfactory to the board that insurance, in the
following kinds and minimum amounts, has been secured. Failure to pro-
vide proof of insurance, as required, may result in license cancella-
tion.
(1) Commercial general liability insurance: The licensee shall at
all times carry and maintain commercial general liability insurance
and if necessary, commercial umbrella insurance for bodily injury and
property damage arising out of licensed activities. This insurance
shall cover such claims as may be caused by any act, omission, or neg-
ligence of the licensee or its officers, agents, representatives, as-
signs, or servants. The insurance shall also cover bodily injury, in-
cluding disease, illness and death, and property damage arising out of
the licensee's premises/operations, products, and personal injury. The
limits of liability insurance shall not be less than one million dol-
lars.
(2) Insurance carrier rating: The insurance required in subsec-
tion (1) of this section shall be issued by an insurance company au-
thorized to do business within the state of Washington. Insurance is
to be placed with a carrier that has a rating of A - Class VII or bet-
ter in the most recently published edition of Best's Reports. If an
insurer is not admitted, all insurance policies and procedures for is-
suing the insurance policies must comply with chapters 48.15 RCW and
284-15 WAC.
(3) Additional insured. The board shall be named as an additional
insured on all general liability, umbrella, and excess insurance poli-
cies. All policies shall be primary over any other valid and collecta-
ble insurance.
[ 13 ]OTS-5501.3PH.1 Page 26 of 246
NEW SECTION
WAC 314-55-083 What are the security requirements for a marijuana
licensee? The security requirements for a marijuana licensee are as
follows:
(1) Display of identification badge. All employees on the li-
censed premises shall be required to hold and properly display an
identification badge issued by the licensed employer at all times
while on the licensed premises.
(2) Alarm systems. At a minimum, each licensed premises must have
a security alarm system on all perimeter entry points and perimeter
windows. Motion detectors, pressure switches, duress, panic, and hold-
up alarms may also be utilized.
(3) Surveillance system. At a minimum, a complete video surveil-
lance with minimum camera resolution of 640x470 pixel and must be in-
ternet protocol (IP) compatible and recording system for controlled
areas within the licensed premises and entire perimeter fencing and
gates enclosing an outdoor grow operation, to ensure control of the
area. The requirements include image acquisition, video recording,
management and monitoring hardware and support systems. All recorded
images must clearly and accurately display the time and date. Time is
to be measured in accordance with the U.S. National Institute Stand-
ards and Technology standards.
(a) All controlled access areas, security rooms/areas and all
points of ingress/egress to limited access areas, all points of in-
gress/egress to the exterior of the licensed premises, and all point-
of-sale (POS) areas must have fixed camera coverage capable of identi-
fying activity occurring within a minimum of twenty feet of all entry
and exit points.
(b) Camera placement shall allow for the clear and certain iden-
tification of any individual on the licensed premises.
(c) All entrances and exits to the facility shall be recorded
from both indoor and outdoor vantage points, and capable of clearly
identifying any activities occurring within the facility or within the
grow rooms in low light conditions. The surveillance system storage
device must be secured on-site in a lock box, cabinet, closet, or se-
cured in another manner to protect from employee tampering or criminal
theft.
(d) All perimeter fencing and gates enclosing an outdoor grow op-
eration must have full video surveillance capable of clearly identify-
ing any activities occurring within twenty feet of the exterior of the
perimeter. Any gate or other entry point that is part of the enclosure
for an outdoor growing operation must have fixed camera coverage capa-
ble of identifying activity occurring within a minimum of twenty feet
of the exterior, twenty-four hours a day. A motion detection lighting
system may be employed to illuminate the gate area in low light condi-
tions.
(e) Areas where marijuana is grown, cured or manufactured includ-
ing destroying waste, shall have a camera placement in the room facing
the primary entry door, and in adequate fixed positions, at a height
which will provide a clear, unobstructed view of the regular activity
without a sight blockage from lighting hoods, fixtures, or other
equipment, allowing for the clear and certain identification of per-
sons and activities at all times.
(f) All marijuana or marijuana-infused products that are intended
to be removed or transported from marijuana producer to marijuana pro-
[ 14 ]OTS-5501.3PH.1 Page 27 of 246
cessor and/or marijuana processor to marijuana retailer shall be stag-
ed in an area known as the "quarantine" location for a minimum of
twenty-four hours. Transport manifest with product information and
weights must be affixed to the product. At no time during the quaran-
tine period can the product be handled or moved under any circumstan-
ces and is subject to auditing by the liquor control board or design-
ees.
(g) All camera recordings must be continuously recorded twenty-
four hours a day. All surveillance recordings must be kept for a mini-
mum of forty-five days on the licensee's recording device. All videos
are subject to inspection by any liquor control board employee or law
enforcement officer, and must be copied and provided to the board or
law enforcement officer upon request.
(4) Traceability: To prevent diversion and to promote public
safety, marijuana licensees must track marijuana from seed to sale.
Licensees must provide the required information on a system specified
by the board. All costs related to the reporting requirements are
borne by the licensee. Marijuana seedlings, clones, plants, lots of
usable marijuana or trim, leaves, and other plant matter, batches of
extracts and marijuana-infused products must be traceable from produc-
tion through processing, and finally into the retail environment in-
cluding being able to identify which lot was used as base material to
create each batch of extracts or infused products. The following in-
formation is required and must be kept completely up-to-date in a sys-
tem specified by the board:
(a) Key notification of "events," such as when a plant enters the
system (moved from the seedling or clone area to the vegetation pro-
duction area at a young age);
(b) When plants are to be partially or fully harvested or de-
stroyed;
(c) When a lot or batch of marijuana-infused product is to be de-
stroyed;
(d) When usable marijuana or marijuana-infused products are
transported;
(e) Any theft of marijuana seedlings, clones, plants, trim or
other plant material, extract, infused product, or other item contain-
ing marijuana;
(f) There is a seventy-two hour mandatory waiting period after
the notification described in this subsection is given before any
plant may be destroyed or a lot or batch of marijuana or marijuana-in-
fused product may be destroyed;
(g) There is a twenty-four hour mandatory waiting period after
the notification described in this subsection to allow for inspection
before a lot of marijuana is transported from a producer to a process-
or;
(h) There is a twenty-four hour mandatory waiting period after
the notification described in this subsection to allow for inspection
before useable marijuana, or marijuana-infused products are transpor-
ted from a processor to a retailer.
(i) Prior to reaching eight inches in height or width, each mari-
juana plant must be tagged and tracked individually, which typically
should happened when a plant is moved from the seed germination or
clone area to the vegetation production area;
(j) A complete inventory of all marijuana seedlings, clones, all
plants, lots of usable marijuana or trim, leaves, and other plant mat-
ter, batches of extract and marijuana-infused products;
(k) All point of sale records;
[ 15 ]OTS-5501.3PH.1 Page 28 of 246
(l) Marijuana excise tax records;
(m) All samples sent to an independent testing lab and the quali-
ty assurance test results;
(n) All free samples provided to another licensee for purposes of
negotiating a sale;
(o) All samples used for testing for quality by the producer or
processor;
(p) Samples containing usable marijuana provided to retailers;
(q) Samples provided to the board or their designee for quality
assurance compliance checks; and
(r) Other information specified by the board.
(5) Start-up inventory for marijuana producers. Within fifteen
days of starting production operations a producer must have all non-
flowering marijuana plants physically on the licensed premises. The
producer must immediately record each marijuana plant that enters the
facility in the traceability system during this fifteen day time
frame. No flowering marijuana plants may be brought into the facility
during this fifteen day time frame. After this fifteen day time frame
expires, a producer may only start plants from seed or create clones
from a marijuana plant located physically on their licensed premises,
or purchase marijuana seeds, clones, or plants from another licensed
producer.
(6) Samples. Free samples of usable marijuana may be provided by
producers or processors, or used for product quality testing, as set
forth in this section.
(a) Samples are limited to two grams and a producer may not pro-
vide any one licensed processor more than four grams of usable mari-
juana per month free of charge for the purpose of negotiating a sale.
The producer must record the amount of each sample and the processor
receiving the sample in the traceability system.
(b) Samples are limited to two grams and a processor may not pro-
vide any one licensed retailer more than four grams of usable marijua-
na per month free of charge for the purpose of negotiating a sale. The
processor must record the amount of each sample and the retailer re-
ceiving the sample in the traceability system.
(c) Samples are limited to two units and a processor may not pro-
vide any one licensed retailer more than six ounces of marijuana in-
fused in solid form per month free of charge for the purpose of nego-
tiating a sale. The processor must record the amount of each sample
and the retailer receiving the sample in the traceability system.
(d) Samples are limited to two units and a processor may not pro-
vide any one licensed retailer more than twenty-four ounces of mari-
juana-infused liquid per month free of charge for the purpose of nego-
tiating a sale. The processor must record the amount of each sample
and the retailer receiving the sample in the traceability system.
(e) Samples are limited to one-half gram and a processor may not
provide any one licensed retailer more than one gram of marijuana-in-
fused extract meant for inhalation per month free of charge for the
purpose of negotiating a sale. The processor must record the amount of
each sample and the retailer receiving the sample in the traceability
system.
(f) Producers may sample one gram of useable marijuana per
strain, per month for quality sampling. Sampling for quality may not
take place at a licensed premises. Only the producer or employees of
the licensee may sample the useable marijuana for quality. The produc-
er must record the amount of each sample and the employee(s) conduct-
ing the sampling in the traceability system.
[ 16 ]OTS-5501.3PH.1 Page 29 of 246
(g) Processors may sample one unit, per batch of a new edible
marijuana-infused product to be offered for sale on the market. Sam-
pling for quality may not take place at a licensed premises. Only the
processor or employees of the licensee may sample the edible marijua-
na-infused product. The processor must record the amount of each sam-
ple and the employee(s) conducting the sampling in the traceability
system.
(h) Processors may sample up to one quarter gram, per batch of a
new marijuana-infused extract for inhalation to be offered for sale on
the market. Sampling for quality may not take place at a licensed
premises. Only the processor or employee(s) of the licensee may sample
the marijuana-infused extract for inhalation. The processor must re-
cord the amount of each sample and the employee(s) conducting the sam-
pling in the traceability system.
(i) The limits described in subsection (3) of this section do not
apply to the usable marijuana in sample jars that may be provided to
retailers described in WAC 314-55-105(8).
(j) Retailers may not provide free samples to customers.
NEW SECTION
WAC 314-55-084 Production of marijuana. Only the following speci-
fied soil amendments, fertilizers, other crop production aids, and
pesticides may be used in the production of marijuana:
(1) Materials listed or registered by the Washington state de-
partment of agriculture (WSDA) or Organic Materials Review Institute
(OMRI) as allowable for use in organic production, processing, and
handling under the U.S. Department of Agriculture's national organics
standards, also called the National Organic Program (NOP), consistent
with requirements at 7 C.F.R. Part 205.
(2) Pesticides registered by WSDA under chapter 15.58 RCW as al-
lowed for use in the production, processing, and handling of marijua-
na. Pesticides must be used consistent with the label requirements.
(3) Commercial fertilizers registered by WSDA under chapter 15.54
RCW.
(4) Potting soil and other growing media available commercially
in the state of Washington may be used in marijuana production. Pro-
ducers growing outdoors are not required to meet land eligibility re-
quirements outlined in 7 C.F.R. Part 205.202.
NEW SECTION
WAC 314-55-085 What are the transportation requirements for a
marijuana licensee? (1) Notification of shipment. Upon transporting
any marijuana or marijuana product, a producer, processor or retailer
shall notify the board of the type and amount and/or weight of mari-
juana and/or marijuana products being transported, the name of trans-
porter, times of departure and expected delivery. This information
must be reported in the traceability system described in WAC
314-55-083(4).
[ 17 ]OTS-5501.3PH.1 Page 30 of 246
(2) Receipt of shipment. Upon receiving the shipment, the licen-
see receiving the product shall report the amount and/or weight of
marijuana and/or marijuana products received in the traceability sys-
tem.
(3) Transportation manifest. A complete transport manifest con-
taining all information required by the board must be kept with the
product at all times.
(4) Records of transportation. Records of all transportation must
be kept for a minimum of three years at the licensee's location.
(5) Transportation of product. Marijuana or marijuana products
that are being transported must meet the following requirements:
(a) Only the marijuana licensee or an employee of the licensee
may transport product;
(b) Marijuana or marijuana products must be in a sealed package
or container approved by the board pursuant to WAC 314-55-105;
(c) Sealed packages or containers cannot be opened during trans-
port;
(d) Marijuana or marijuana products must be in a locked, safe and
secure storage compartment that is secured to the inside body/compart-
ment of the vehicle transporting the marijuana or marijuana products;
(e) Any vehicle transporting marijuana or marijuana products must
travel directly from the shipping licensee to the receiving licensee
and must not make any unnecessary stops in between except to other fa-
cilities receiving product.
NEW SECTION
WAC 314-55-086 What are the mandatory signs a marijuana licensee
must post on a licensed premises? (1) Notices regarding persons under
twenty-one years of age must be conspicuously posted on the premises
as follows:
Type of licensee
Sign must contain the
following language:
Required location
of sign
Marijuana produc-
er, marijuana pro-
cessor, and mari-
juana retailer
"Persons under twenty-
one years of age not
permitted on these
premises."
Conspicuous loca-
tion at each entry to
premises.
The board will provide the required notices, or licensees may
design their own notices as long as they are legible and contain the
required language.
(2) Signs provided by the board prohibiting opening a package of
marijuana or marijuana-infused product in public or consumption of
marijuana or marijuana-infused products in public, must be posted as
follows:
Type of premises Required location of sign
Marijuana retail Posted in plain view at the main
entrance to the establishment.
(3) The premises' current and valid master license with appropri-
ate endorsements must be conspicuously posted on the premises and
available for inspection by liquor enforcement officers.
[ 18 ]OTS-5501.3PH.1 Page 31 of 246
NEW SECTION
WAC 314-55-087 What are the recordkeeping requirements for mari-
juana licensees? (1) Marijuana licensees are responsible to keep re-
cords that clearly reflect all financial transactions and the finan-
cial condition of the business. The following records must be kept and
maintained on the licensed premises for a three-year period and must
be made available for inspection if requested by an employee of the
liquor control board:
(a) Purchase invoices and supporting documents, to include the
items and/or services purchased, from whom the items were purchased,
and the date of purchase;
(b) Bank statements and canceled checks for any accounts relating
to the licensed business;
(c) Accounting and tax records related to the licensed business
and each true party of interest;
(d) Records of all financial transactions related to the licensed
business, including contracts and/or agreements for services performed
or received that relate to the licensed business;
(e) All employee records, to include training;
(f) Records of each daily application of pesticides applied to
the marijuana plants or growing medium. For each application, the pro-
ducer shall record the following information on the same day the ap-
plication is made:
(i) Full name of each employee who applied the pesticide;
(ii) The date the pesticide was applied;
(iii) The name of the pesticide or product name listed on the
registration label which was applied;
(iv) The concentration and total amount of pesticide per plant;
and
(v) For outdoor production, the concentration of pesticide that
was applied to the field. Liquor applications may be recorded as, but
are not limited to, amount of product per one hundred gallons of liq-
uor spray, gallons per acre of output volume, ppm, percent product in
tank mix (e.g., one percent). For chemigation applications, record
"inches of water applied" or other appropriate measure.
(g) Soil amendment, fertilizers, or other crop production aids
applied to the growing medium or used in the process of growing mari-
juana;
(h) Production and processing records, including harvest and cur-
ing, weighing, destruction of marijuana, creating batches of marijua-
na-infused products and packaging into lots and units;
(i) Records of each batch of extracts or infused marijuana prod-
ucts made, including at a minimum, the lots of usable marijuana or
trim, leaves, and other plant matter used (including the total weight
of the base product used), any solvents or other compounds utilized,
and the product type and the total weight of the end product produced,
such as hash oil, shatter, tincture, infused dairy butter, etc.;
(j) Transportation records as described in WAC 314-55-085;
(k) Inventory records;
(l) All samples sent to an independent testing lab and the quali-
ty assurance test results;
(m) All free samples provided to another licensee for purposes of
negotiating a sale;
(n) All samples used for testing for quality by the producer or
processor;
[ 19 ]OTS-5501.3PH.1 Page 32 of 246
(o) Sample jars containing usable marijuana provided to retail-
ers; and
(p) Records of any theft of marijuana seedlings, clones, plants,
trim or other plant material, extract, marijuana-infused product, or
other item containing marijuana.
(2) If the marijuana licensee keeps records within an automated
data processing (ADP) and/or point-of-sale (POS) system, the system
must include a method for producing legible records that will provide
the same information required of that type of record within this sec-
tion. The ADP and/or POS system is acceptable if it complies with the
following guidelines:
(a) Provides an audit trail so that details (invoices and vouch-
ers) underlying the summary accounting data may be identified and made
available upon request.
(b) Provides the opportunity to trace any transaction back to the
original source or forward to a final total. If printouts of transac-
tions are not made when they are processed, the system must have the
ability to reconstruct these transactions.
(c) Has available a full description of the ADP and/or POS por-
tion of the accounting system. This should show the applications being
performed, the procedures employed in each application, and the con-
trols used to ensure accurate and reliable processing.
(3) The provisions contained in subsections (1) and (2) of this
section do not eliminate the requirement to maintain source documents,
but they do allow the source documents to be maintained in some other
location.
NEW SECTION
WAC 314-55-089 What are the tax and reporting requirements for
marijuana licensees? (1) Marijuana licensees must submit monthly re-
port(s) and payments to the board. The required monthly reports must
be:
(a) On a form or electronic system designated by the board;
(b) Filed every month, including months with no activity or pay-
ment due;
(c) Submitted, with payment due, to the board on or before the
twentieth day of each month, for the previous month. (For example, a
report listing transactions for the month of January is due by Febru-
ary 20th.) When the twentieth day of the month falls on a Saturday,
Sunday, or a legal holiday, the filing must be postmarked by the U.S.
Postal Service no later than the next postal business day;
(d) Filed separately for each marijuana license held; and
(e) All records must be maintained and available for review for a
three-year period on licensed premises (see WAC 314-55-087).
(2) Marijuana producer licensees: On a monthly basis, marijuana
producers must maintain records and report purchases from other li-
censed marijuana producers, current production and inventory on hand,
sales by product type, and lost and destroyed product in a manner pre-
scribed by the board.
A marijuana producer licensee must pay to the board a marijuana
excise tax of twenty-five percent of the selling price on each whole-
sale sale to a licensed marijuana processor.
[ 20 ]OTS-5501.3PH.1 Page 33 of 246
(3) Marijuana processor licensees: On a monthly basis, marijuana
processors must maintain records and report purchases from licensed
marijuana producers, production of marijuana-infused products, sales
by product type to marijuana retailers, and lost and/or destroyed
product in a manner prescribed by the board.
A marijuana processor licensee must pay to the board a marijuana
excise tax of twenty-five percent of the selling price on each whole-
sale sale of usable marijuana and marijuana-infused product to a li-
censed marijuana retailer.
(4) Marijuana retailer's licensees: On a monthly basis, marijuana
retailers must maintain records and report purchases from licensed
marijuana processors, sales by product type to consumers, and lost
and/or destroyed product in a manner prescribed by the board.
A marijuana retailer licensee must pay to the board a marijuana
excise tax of twenty-five percent of the selling price on each retail
sale of usable marijuana or marijuana-infused products.
NEW SECTION
WAC 314-55-092 What if a marijuana licensee fails to report or
pay, or reports or pays late? (1) If a marijuana licensee does not
submit its monthly reports and payment(s) to the board as required in
WAC 314-55-089: The licensee is subject to penalties.
Penalties: A penalty of two percent per month will be assessed on
any payments postmarked after the twentieth day of the month following
the month of sale. When the twentieth day of the month falls on a Sat-
urday, Sunday, or a legal holiday, the filing must be postmarked by
the U.S. Postal Service no later than the next postal business day.
(2) Failure to make a report and/or pay the license taxes and/or
penalties in the manner and dates outlined in WAC 314-55-089 will be
sufficient grounds for the board to suspend or revoke a marijuana li-
cense.
NEW SECTION
WAC 314-55-095 Marijuana servings and transaction limitations.
Marijuana dosage and transaction limitations are as follows:
(1) Single serving. A single serving of a marijuana-infused prod-
uct amounts to ten milligrams active tetrahydrocannabinol (THC), or
Delta 9.
(2) Maximum number of servings. The maximum number of servings in
any one single unit of marijuana-infused product meant to be eaten or
swallowed is ten servings or one hundred milligrams of active THC, or
Delta 9. A single unit of marijuana-infused extract for inhalation
cannot exceed one gram.
(3) Transaction limitation. A single transaction is limited to
one ounce of usable marijuana, sixteen ounces of marijuana-infused
product in solid form, seven grams of marijuana-infused extract for
inhalation, and seventy-two ounces of marijuana-infused product in
liquid form for persons twenty-one years of age and older.
[ 21 ]OTS-5501.3PH.1 Page 34 of 246
NEW SECTION
WAC 314-55-097 Marijuana waste disposal—Liquids and solids. (1)
Solid and liquid wastes generated during marijuana production and pro-
cessing must be stored, managed, and disposed of in accordance with
applicable state and local laws and regulations.
(2) Wastewater generated during marijuana production and process-
ing must be disposed of in compliance with applicable state and local
laws and regulations.
(3) Wastes from the production and processing of marijuana plants
must be evaluated against the state's dangerous waste regulations
(chapter 173-303 WAC) to determine if those wastes designate as dan-
gerous waste. It is the responsibility of each waste generator to
properly evaluate their waste to determine if it designates as a dan-
gerous waste. If a generator's waste does designate as a dangerous
waste, then that waste(s) is subject to the applicable management
standards found in chapter 173-303 WAC.
(a) Wastes that must be evaluated against the dangerous waste
regulations include, but are not limited to, the following:
(i) Waste from marijuana flowers, trim and solid plant material
used to create an extract (per WAC 315-55-104).
(ii) Waste solvents used in the marijuana process (per WAC
315-55-104).
(iii) Discarded plant waste, spent solvents and laboratory wastes
from any marijuana processing or quality assurance testing.
(iv) Marijuana extract that fails to meet quality testing.
(b) Marijuana wastes that do not designate as dangerous shall be
managed in accordance with subsection (4) of this section.
(c) A marijuana plant, usable marijuana, trim and other plant ma-
terial in itself is not considered dangerous waste as defined under
chapter 173-303 WAC unless it has been treated or contaminated with a
solvent.
(4) Marijuana waste that does not designate as dangerous waste
(per subsection (3) of this section) must be rendered unusable follow-
ing the methods in subsection (5) of this section prior to leaving a
licensed producer, processor, retail facility, or laboratory. Disposal
of the marijuana waste rendered unusable must follow the methods under
subsection (6) of this section.
(a) Wastes that must be rendered unusable prior to disposal in-
clude, but are not limited to, the following:
(i) Waste evaluated per subsection (3) of this section and deter-
mined to not designate as "Dangerous Waste."
(ii) Marijuana plant waste, including roots, stalks, leaves, and
stems that have not been processed with solvent.
(iii) Solid marijuana sample plant waste possessed by third-party
laboratories accredited by the board to test for quality assurance
that must be disposed of.
(iv) Other wastes as determined by the LCB.
(b) A producer or processor must provide the board a minimum of
seventy-two hours notice in the traceability system described in WAC
314-55-083(4) prior to rendering the product unusable and disposing of
it.
(5) The allowable method to render marijuana plant waste unusable
is by grinding and incorporating the marijuana plant waste with other
ground materials so the resulting mixture is at least fifty percent
[ 22 ]OTS-5501.3PH.1 Page 35 of 246
nonmarijuana waste by volume. Other methods to render marijuana waste
unusable must be approved by LCB before implementation.
Material used to grind with the marijuana falls into two catego-
ries: Compostable waste and noncompostable waste.
(a) Compostable mixed waste: Marijuana waste to be disposed as
compost feedstock or in another organic waste method (for example,
anaerobic digester) may be mixed with the following types of waste ma-
terials:
(i) Food waste;
(ii) Yard waste;
(iii) Vegetable based grease or oils; or
(iv) Other wastes as approved by the LCB.
(b) Noncompostable mixed waste: Marijuana waste to be disposed in
a landfill or another disposal method (for example, incinerator) may
be mixed with the following types of waste materials:
(i) Paper waste;
(ii) Cardboard waste;
(iii) Plastic waste;
(iv) Soil; or
(v) Other wastes as approved by the LCB.
(6) Marijuana wastes rendered unusable following the method de-
scribed in subsection (4) of this section can be disposed.
(a) Disposal of the marijuana waste rendered unusable may be de-
livered to a permitted solid waste facility for final disposition. Ex-
amples of acceptable permitted solid waste facilities include:
(i) Compostable mixed waste: Compost, anaerobic digester, or oth-
er facility with approval of the jurisdictional health department.
(ii) Noncompostable mixed waste: Landfill, incinerator, or other
facility with approval of the jurisdictional health department.
(b) Disposal of the marijuana waste rendered unusable may be man-
aged on-site by the generator in accordance with the standards of
chapter 173-350 WAC.
(c) A record of the final destination of marijuana waste rendered
unusable.
NEW SECTION
WAC 314-55-099 Standardized scales. (1) Marijuana producer and
processor licensees must have at least one scale on the licensed prem-
ises for the traceability and inventory of products.
(2) The scales and other measuring devices are subject to chapter
19.94 RCW, and must meet the requirements of the most current version
of chapters 16-662 and 16-664 WAC.
(3) Licensees must register scales on a business license applica-
tion with business license services through the department of revenue
as required under chapter 19.94 RCW.
NEW SECTION
WAC 314-55-102 Quality assurance testing. (1) A person with fi-
nancial interest in an accredited third-party testing lab may not have
[ 23 ]OTS-5501.3PH.1 Page 36 of 246
direct or indirect financial interest in a licensed marijuana producer
or processor for whom they are conducting required quality assurance
tests.
(2) As a condition of accreditation, each lab must employ a sci-
entific director responsible to ensure the achievement and maintenance
of quality standards of practice. The scientific director shall meet
the following minimum qualifications:
(a) Has earned, from a college or university accredited by a na-
tional or regional certifying authority a doctorate in the chemical or
biological sciences and a minimum of two years' post-degree laboratory
experience; or
(b) Has earned a master's degree in the chemical or biological
sciences and has a minimum of four years' of post-degree laboratory
experience; or
(c) Has earned a bachelor's degree in the chemical or biological
sciences and has a minimum of six years of post-education laboratory
experience.
(3) As a condition of accreditation, labs must follow the most
current version of the Cannabis Inflorescence and Leaf monograph pub-
lished by the American Herbal Pharmacopoeia or notify the board what
alternative scientifically valid testing methodology the lab is fol-
lowing for each quality assurance test. The board may require third-
party validation of any monograph or analytical method followed by the
lab to ensure the methodology produces scientifically accurate results
prior to them using those standards when conducting required quality
assurance tests.
(4) As a condition of accreditation, the board may require third-
party validation and ongoing monitoring of a lab's basic proficiency
to correctly execute the analytical methodologies employed by the lab.
(5) Labs must adopt and follow minimum good lab practices (GLPs),
and maintain internal standard operating procedures (SOPs), and a
quality control/quality assurance (QC/QA) program as specified by the
board. The board or authorized third-party organization can conduct
audits of a lab's GLPs, SOPs, QC/QA, and inspect all other related re-
cords.
(6) The general body of required quality assurance tests for mar-
ijuana flowers, infused products, and extracts may include moisture
content, potency analysis, foreign matter inspection, microbiological
screening, pesticide and other chemical residue and metals screening,
and residual solvents levels.
(7) Table of required quality assurance tests.
Product Test(s) Required Sample Size Needed to Complete all Tests
Flowers to be sold as usable marijuana (see note
below)
1. Moisture content
2. Potency analysis
3. Foreign matter inspection
4. Microbiological screening
Up to 7 grams
Flowers to be used to make an extract (nonsol-
vent) like kief, hashish, bubble hash, or infused
dairy butter, or oils or fats derived from natural
sources
None None
Extract (nonsolvent) like kief, hashish, bubble
hash or infused dairy butter, or oils or fats de-
rived from natural sources
1. Potency analysis
2. Foreign matter inspection
3. Microbiological screening
Up to 7 grams
Flowers to be used to make an extract (solvent
based), made with a CO2 extractor, or with a
food grade ethanol or glycerin
1. Foreign matter inspection
2. Microbiological screening
Up to 7 grams
[ 24 ]OTS-5501.3PH.1 Page 37 of 246
Product Test(s) Required Sample Size Needed to Complete all Tests
Extract (solvent based) made using n-butane,
isobutane, propane, heptane, or other solvents or
gases approved by the board of at least 99% pu-
rity
1. Potency analysis
2. Residual solvent test
3. Microbiological screening (only if using
flowers and other plant material that failed ini-
tial test)
Up to 2 grams
Extract made with a CO2 extractor like hash oil 1. Potency analysis
2. Microbiological screening (only if using
flowers and other plant material that failed ini-
tial test)
Up to 2 grams
Extract made with food grade ethanol 1. Potency analysis
2. Microbiological screening (only if using
flowers and other plant material that failed ini-
tial test)
Up to 2 grams
Extract made with food grade glycerin or propy-
lene glycol
1. Potency analysis Up to 1 gram
Infused edible 1. Potency analysis
2. Microbiological screening
1 unit
Infused liquid like a soda or tonic 1. Potency analysis
2. Microbiological screening
1 unit
Infused topical 1. Potency analysis 1 unit
(8) Independent testing labs may request additional sample mate-
rial in excess of amounts listed in the table in subsection (7) of
this section for the purposes of completing required quality assurance
tests. Labs meeting the board's accreditation requirements may re-
trieve samples from a marijuana licensee's licensed premises and
transport the samples directly to the lab.
(9) Labs meeting the board's accreditation requirements are not
limited in the amount of useable marijuana and marijuana products they
may have on their premises at any given time, but they must have re-
cords to prove all marijuana and marijuana-infused products only for
the testing purposes described in WAC 314-55-102.
(10) At the discretion of the board, a producer or processor must
provide an employee of the board or their designee samples in the
amount listed in subsection (7) of this section for random compliance
checks. Samples may be screened for pesticides and chemical residues,
unsafe levels of metals, and used for other quality assurance tests
deemed necessary by the board. All costs of this testing will be borne
by the producer or processor.
(11) No lot of usable flower or batch of marijuana-infused prod-
uct may be sold or transported until the completion of all required
quality assurance testing.
(12) Any useable marijuana or marijuana-infused product that
passed the required quality assurance tests may be labeled as "Class
A." Only "Class A" useable marijuana or marijuana-infused product will
be allowed to be sold.
(13) If a lot of marijuana flowers fail a quality assurance test,
any marijuana plant trim, leaf and other usable material from the same
plants automatically fails quality assurance testing also. Upon appro-
val of the board, a lot that fails a quality assurance test may be
used to make a CO2 or solvent based extract. After processing, the CO2
or solvent based extract must still pass all required quality assur-
ance tests in WAC 314-55-102.
(14) At the request of the producer or processor, the board may
authorize a retest to validate a failed test result on a case-by-case
basis. All costs of the retest will be borne by the producer or the
processor.
[ 25 ]OTS-5501.3PH.1 Page 38 of 246
NEW SECTION
WAC 314-55-104 Marijuana processor license extraction require-
ments. (1) Processors are limited to certain methods, equipment, sol-
vents, gases and mediums when creating marijuana extracts.
(2) Processors may use the hydrocarbons N-butane, isobutane, pro-
pane, or heptane or other solvents or gases exhibiting low to minimal
potential human health-related toxicity approved by the board. These
solvents must be of at least ninety-nine percent purity and a process-
or must use them in a professional grade closed loop extraction system
designed to recover the solvents, work in a spark free environment
with proper ventilation, and follow all applicable local fire, safety
and building codes in processing and the storage of the solvents.
(3) Processors may use a professional grade closed loop CO2 gas
extraction system where every vessel is rated to a minimum of nine
hundred pounds per square inch and follow all applicable local fire,
safety and building codes in processing and the storage of the sol-
vents. The CO2 must be of at least ninety-nine percent purity.
(4) Processors may use heat, screens, presses, steam distilla-
tion, ice water, and other methods without employing solvents or gases
to create kief, hashish, bubble hash, or infused dairy butter, or oils
or fats derived from natural sources, and other extracts.
(5) Processors may use food grade glycerin, ethanol, and propy-
lene glycol solvents to create extracts.
(6) Processors creating marijuana extracts must develop standard
operating procedures, good manufacturing practices, and a training
plan prior to producing extracts for the marketplace. Any person using
solvents or gases in a closed looped system to create marijuana ex-
tracts must be fully trained on how to use the system, have direct ac-
cess to applicable material safety data sheets and handle and store
the solvents and gases safely.
(7) Parts per million for one gram of finished extract cannot ex-
ceed 500 parts per million or residual solvent or gas when quality as-
surance tested per RCW 69.50.348.
NEW SECTION
WAC 314-55-105 Packaging and labeling requirements. (1) All usa-
ble marijuana and marijuana products must be stored behind a counter
or other barrier to ensure a customer does not have direct access to
the product.
(2) Any container or packaging containing usable marijuana or
marijuana products must protect the product from contamination and
must not impart any toxic or deleterious substance to the usable mari-
juana or marijuana product.
(3) Upon the request of a retail customer, a retailer must dis-
close the name of the accredited third-party testing lab and results
of the required quality assurance test for any usable marijuana or
other marijuana product the customer is considering purchasing.
(4) usable marijuana and marijuana products may not be labeled as
organic unless permitted by the United States Department of Agricul-
ture in accordance with the Organic Foods Production Act.
[ 26 ]OTS-5501.3PH.1 Page 39 of 246
(5) The accredited third-party testing lab and required results
of the quality assurance test must be included with each lot and dis-
closed to the customer buying the lot.
(6) A marijuana producer must make quality assurance test results
available to any processor purchasing product. A marijuana producer
must label each lot of marijuana with the following information:
(a) Lot number;
(b) UBI number of the producer; and
(c) Weight of the product.
(7) Marijuana-infused products meant to be eaten, swallowed, or
inhaled, must be packaged in child resistant packaging in accordance
with Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act or
use standards specified in this subsection. Marijuana-infused product
in solid or liquid form may be packaged in plastic four mil or greater
in thickness and be heat sealed with no easy-open tab, dimple, corner,
or flap as to make it difficult for a child to open and as a tamper-
proof measure. Marijuana-infused product in liquid form may also be
sealed using a metal crown cork style bottle cap.
(8) A processor may provide a retailer free samples of usable
marijuana packaged in a sample jar protected by a plastic or metal
mesh screen to allow customers to smell the product before purchase.
The sample jar may not contain more than three and one-half grams of
usable marijuana. The sample jar and the usable marijuana within may
not be sold to a customer and must be either returned to the licensed
processor who provide the usable marijuana and sample jar or destroyed
by the retailer after use in the manner described in WAC 314-55-097
and noted in the traceability system.
(9) A producer or processor may not treat or otherwise adulterate
usable marijuana with any organic or nonorganic chemical or other com-
pound whatsoever to alter the color, appearance, weight, or smell of
the usable marijuana.
(10) Labels must comply with the version of NIST Handbook 130,
Uniform Packaging and Labeling Regulation adopted in chapter 16-662
WAC.
(11) All usable marijuana when sold at retail must include accom-
panying material that contains the following warnings that state:
(a) "Warning: This product has intoxicating effects and may be
habit forming. Smoking is hazardous to your health";
(b) "There may be health risks associated with consumption of
this product";
(c) "Should not be used by women that are pregnant or breast
feeding";
(d) "For use only by adults twenty-one and older. Keep out of
reach of children";
(e) "Marijuana can impair concentration, coordination, and judg-
ment. Do not operate a vehicle or machinery under the influence of
this drug";
(f) Statement that discloses all pesticides applied to the mari-
juana plants and growing medium during production and processing.
(12) All marijuana-infused products sold at retail must include
accompanying material that contains the following warnings that state:
(a) "There may be health risks associated with consumption of
this product";
(b) "This product is infused with marijuana or active compounds
of marijuana";
(c) "Should not be used by women that are pregnant or breast
feeding";
[ 27 ]OTS-5501.3PH.1 Page 40 of 246
(d) "For use only by adults twenty-one and older. Keep out of
reach of children";
(e) "Products containing marijuana can impair concentration, co-
ordination, and judgment. Do not operate a vehicle or machinery under
the influence of this drug";
(f) "Caution: When eaten or swallowed, the intoxicating effects
of this drug may be delayed by two or more hours."
(g) Statement that discloses all pesticides applied to the mari-
juana plants and growing medium during production of the base marijua-
na used to create the extract added to the infused product; and
(h) Statement that discloses the type of extraction method, in-
cluding any solvents, gases, or other chemicals or compounds used to
produce or that are added to the extract.
(13) Labels affixed to the container or package containing usable
marijuana sold at retail must include:
(a) The business or trade name and Washington state unified busi-
ness identifier number of the licensees that produced, processed, and
sold the usable marijuana;
(b) Lot number;
(c) Concentration of THC, THCA, CBD, including a total of active
cannabinoids (potency profile);
(d) Net weight in ounces and grams or volume as appropriate;
(e) Warnings that state: "This product has intoxicating effects
and may be habit forming";
(f) Statement that "This product may be unlawful outside of Wash-
ington state";
(g) Date of harvest.
(h) The board may create a logo that must be placed on all usable
marijuana and marijuana-infused products.
(14) Sample label mock up for a container or package containing
usable marijuana sold at retail with required information:
(15) Labels affixed to the container or package containing mari-
juana-infused products sold at retail must include:
(a) The business or trade name and Washington state unified busi-
ness identifier number of the licensees that produced, processed, and
sold the usable marijuana;
(b) Lot numbers of all base marijuana used to create the extract;
(c) Batch number;
(d) Date manufactured;
[ 28 ]OTS-5501.3PH.1 Page 41 of 246
(e) Best by date;
(f) Recommended serving size and the number of servings contained
within the unit, including total milligrams of active tetrahydrocanna-
binol (THC), or Delta 9;
(g) Net weight in ounces and grams, or volume as appropriate;
(h) List of all ingredients and any allergens;
(i) "Caution: When eaten or swallowed, the intoxicating effects
of this drug may be delayed by two or more hours."
(j) If a marijuana extract was added to the product, disclosure
of the type of extraction process and any solvent, gas, or other chem-
ical used in the extraction process, or any other compound added to
the extract;
(k) Warnings that state: "This product has intoxicating effects
and may be habit forming";
(l) Statement that "This product may be unlawful outside of Wash-
ington state";
(m) The board may create a logo that must be placed on all usable
marijuana and marijuana-infused products.
(16) Sample label mock up (front and back) for a container or
package containing marijuana-infused products sold at retail with re-
quired information:
(Front of label)
(Back of label)
NEW SECTION
WAC 314-55-120 Ownership changes. (1) Licensees must receive pri-
or board approval before making any of the following ownership changes
(see WAC 314-55-035 for the definition of "true party of interest"):
[ 29 ]OTS-5501.3PH.1 Page 42 of 246
Type of change
Type of
application Fee
Change in the
qualifying per-
sons in a: Sole
proprietorship,
general partner-
ship, limited
partnership, or
limited liability
partnership.
New application.Application fee
and annual fee
for current li-
cense privilege.
Change in the
qualifying per-
sons for a pub-
licly or privately
held corporation.
The board will
waive the fee for
a corporate
change when the
proposed change
consists solely
of dropping an
approved offi-
cer.
Application for
change in corpo-
rate officer
and/or stock-
holder.
$75
Change in the
qualifying per-
sons in a limited
liability compa-
ny.
Application for
change of limi-
ted liability
company mem-
ber and/or man-
ager.
$75
(2) The board may inquire into all matters in connection with any
such sale of stock/units or proposed change in officers/members.
NEW SECTION
WAC 314-55-125 Change of location. (1) Changing your marijuana
license to a new location requires an application, per the process
outlined in WAC 314-55-020.
(2) A change of location occurs any time a move by the licensee
results in any change to the physical location address.
NEW SECTION
WAC 314-55-130 Change of business name. (1) If you wish to change
the name of your business, you must apply for a change of trade name
with the department of revenue, business license service.
(2) If you wish to change your corporation or limited liability
company name, you must apply for a change of name through the secreta-
ry of state.
(3) See chapter 434-12 WAC for guidelines for trade names.
[ 30 ]OTS-5501.3PH.1 Page 43 of 246
NEW SECTION
WAC 314-55-135 Discontinue marijuana sales. You must notify the
board's enforcement and education division in writing if you plan to
stop doing business for more than thirty days, or if you plan to per-
manently discontinue marijuana sales.
NEW SECTION
WAC 314-55-140 Death or incapacity of a marijuana licensee. (1)
The appointed guardian, executor, administrator, receiver, trustee, or
assignee must notify the board's licensing and regulation division in
the event of the death, incapacity, receivership, bankruptcy, or as-
signment for benefit of creditors of any licensee.
(2) The board may give the appointed guardian, executor, adminis-
trator, receiver, trustee, or assignee written approval to continue
marijuana sales on the licensed business premises for the duration of
the existing license and to renew the license when it expires.
(a) The person must be a resident of the state of Washington.
(b) A criminal background check may be required.
(3) When the matter is resolved by the court, the true party(ies)
of interest must apply for a marijuana license for the business.
NEW SECTION
WAC 314-55-145 Are marijuana license fees refundable? When a li-
cense is suspended or canceled, or the licensed business is discontin-
ued, the unused portion of the marijuana license fee will not be re-
funded.
NEW SECTION
WAC 314-55-147 What hours may a marijuana retailer licensee con-
duct sales? A marijuana retailer licensee may sell usable marijuana,
marijuana-infused products, and marijuana paraphernalia between the
hours of 8 a.m. and 12 a.m.
NEW SECTION
WAC 314-55-150 What are the forms of acceptable identification?
(1) Following are the forms of identification that are acceptable to
verify a person's age for the purpose of purchasing marijuana:
(a) Driver's license, instruction permit, or identification card
of any state, or province of Canada, from a U.S. territory or the Dis-
[ 31 ]OTS-5501.3PH.1 Page 44 of 246
trict of Columbia, or "identicard" issued by the Washington state de-
partment of licensing per RCW 46.20.117;
(b) United States armed forces identification card issued to ac-
tive duty, reserve, and retired personnel and the personnel's depend-
ents, which may include an embedded, digital signature in lieu of a
visible signature;
(c) Passport;
(d) Merchant Marine identification card issued by the United
States Coast Guard; and
(e) Enrollment card issued by the governing authority of a feder-
ally recognized Indian tribe located in Washington, if the enrollment
card incorporates security features comparable to those implemented by
the department of licensing for Washington driver's licenses.
(2) The identification document is not acceptable to verify age
if expired.
NEW SECTION
WAC 314-55-155 Advertising. (1) Advertising by retail licensees.
The board limits each retail licensed premises to one sign identifying
the retail outlet by the licensee's business name or trade name that
is affixed or hanging in the windows or on the outside of the premises
that is visible to the general public from the public right of way.
The size of the sign is limited to sixteen hundred square inches.
(2) General. All marijuana advertising and labels of useable mar-
ijuana and marijuana-infused products sold in the state of Washington
may not contain any statement, or illustration that:
(a) Is false or misleading;
(b) Promotes over consumption;
(c) Represents the use of marijuana has curative or therapeutic
effects;
(d) Depicts a child or other person under legal age to consume
marijuana, or includes:
(i) Objects, such as toys, characters, or cartoon characters sug-
gesting the presence of a child, or any other depiction designed in
any manner to be especially appealing to children or other persons un-
der legal age to consume marijuana; or
(ii) Is designed in any manner that would be especially appealing
to children or other persons under twenty-one years of age.
(3) No licensed marijuana producer, processor, or retailer shall
place or maintain, or cause to be placed or maintained, an advertise-
ment of marijuana, usable marijuana, or a marijuana-infused product in
any form or through any medium whatsoever:
(a) Within one thousand feet of the perimeter of a school
grounds, playground, recreation center or facility, child care center,
public park, library, or a game arcade admission to which it is not
restricted to persons aged twenty-one years or older;
(b) On or in a public transit vehicle or public transit shelter;
or
(c) On or in a publicly owned or operated property.
(4) Giveaways, coupons, and distribution of branded merchandise
are banned.
(5) All advertising must contain the following warnings:
[ 32 ]OTS-5501.3PH.1 Page 45 of 246
(a) "This product has intoxicating effects and may be habit form-
ing.";
(b) "Marijuana can impair concentration, coordination, and judg-
ment. Do not operate a vehicle or machinery under the influence of
this drug.";
(c) "There may be health risks associated with consumption of
this product."; and
(d) "For use only by adults twenty-one and older. Keep out of the
reach of children."
NEW SECTION
WAC 314-55-160 Objections to marijuana license applications. (1)
How can persons, cities, counties, tribal governments, or port author-
ities object to the issuance of a marijuana license? Per RCW
69.50.331, the board will notify cities, counties, tribal governments,
and port authorities of the following types of marijuana applications.
In addition to these entities, any person or group may comment in
writing to the board regarding an application.
Type of application
Entities the board
will/may notify
•Applications for an
annual marijuana li-
cense at a new loca-
tion.
•Cities and counties in
which the premises is
located will be noti-
fied.
Tribal governments
and port authorities
in which the premises
is located may be no-
tified.
•Applications to
change the class of an
existing annual mari-
juana license.
•Changes of owner-
ship at existing li-
censed premises.
•Cities and counties in
which the premises is
located will be noti-
fied.
Tribal governments
and port authorities
in which the premises
is located may be no-
tified.
(2) What will happen if a person or entity objects to a marijuana
license application? When deciding whether to issue or deny a marijua-
na license application, the board will give substantial weight to in-
put from governmental jurisdictions in which the premises is located
based upon chronic illegal activity associated with the applicant's
operations of the premises proposed to be licensed or the applicant's
operation of any other licensed premises; and other persons or groups.
Note: Per RCW 69.50.331, the board shall not issue a new marijuana li-
cense if any of the following are within one thousand feet of the
premises to be licensed: Any elementary or secondary schools, play-
grounds, recreation centers or facilities, child care centers, public
[ 33 ]OTS-5501.3PH.1 Page 46 of 246
parks, public transit centers, libraries, game arcade where admission
is not restricted to persons twenty-one years of age or older.
(a) If the board contemplates issuing a license over the objec-
tion of a governmental jurisdiction in which the premises is located,
the government subdivision may request an adjudicative hearing under
the provisions of the Administrative Procedure Act, chapter 34.05 RCW.
If the board, in its discretion, grants the governmental jurisdic-
tion(s) an adjudicative hearing, the applicant will be notified and
given the opportunity to present evidence at the hearing.
(b) If the board denies a marijuana license application based on
the objection from a governmental jurisdiction, the applicant(s) may
either:
(i) Reapply for the license no sooner than one year from the date
on the final order of denial; or
(ii) Submit a written request on a form provided by the board for
an adjudicative hearing under the provisions of the Administrative
Procedure Act, chapter 34.05 RCW. The request must be received within
twenty days of the date the intent to deny notification was mailed.
NEW SECTION
WAC 314-55-165 Objections to marijuana license renewals. (1) How
can local cities, counties, tribal governments, or port authorities
object to the renewal of a marijuana license?
(a) The board will give governmental jurisdictions approximately
ninety days written notice of premises that hold annual marijuana li-
censes in that jurisdiction that are up for renewal.
(b) Per RCW 69.50.331, if a county, city, tribal government, or
port authority wants to object to the renewal of a marijuana license
in its jurisdiction, it must submit a letter to the board detailing
the reason(s) for the objection and a statement of all facts on which
the objections are based.
(c) The county, city, tribal government, or port authority may
submit a written request to the board for an extension for good cause
shown.
(d) This letter must be received by the board at least thirty
days before the marijuana license expires. The objection must state
specific reasons and facts that show issuance of the marijuana license
at the proposed location or to the applicant business how it will det-
rimentally impact the safety, health, or welfare of the community.
(e) If the objection is received within thirty days of the expi-
ration date or the licensee has already renewed the license, the ob-
jection will be considered as a complaint and possible license revoca-
tion may be pursued by the enforcement division.
(f) Objections from the public will be referred to the appropri-
ate city, county, tribal government, or port authority for action un-
der subsection (2) of this section. Upon receipt of the objection, the
board licensing and regulation division will acknowledge receipt of
the objection(s) and forward to the appropriate city, county, tribal
government, or port authority. Such jurisdiction may or may not, based
on the public objection, request nonrenewal.
(2) What will happen if a city, county, tribal government, or
port authority objects to the renewal of a marijuana license? The
board will give substantial weight to a city, county, tribal govern-
[ 34 ]OTS-5501.3PH.1 Page 47 of 246
ment, or port authority objection to a marijuana license renewal of a
premises in its jurisdiction based upon chronic illegal activity asso-
ciated with the licensee's operation of the premises. Based on the ju-
risdiction's input and any information in the licensing file, the
board will decide to either renew the marijuana license, or to pursue
nonrenewal.
(a) Board decides to
renew the marijuana
license:
(b) Board decides to
pursue nonrenewal of the
marijuana license:
(i) The board will notify
the jurisdiction(s) in writ-
ing of its intent to renew
the license, stating the rea-
son for this decision.
(i) The board will notify
the licensee in writing of
its intent to not renew the
license, stating the reason
for this decision.
(ii) The jurisdiction(s) may
contest the renewal and re-
quest an adjudicative hear-
ing under the provisions of
the Administrative Proce-
dure Act (chapter 34.05
RCW) by submitting a
written request on a form
provided by the board. The
request must be received
within twenty days of the
date the intent to renew
notification was mailed. If
the board, in its discretion,
grants the governmental
jurisdiction(s) an adjudica-
tive hearing, the applicant
will be notified and given
the opportunity to present
evidence at the hearing.
(ii) The licensee may con-
test the nonrenewal action
and request an adjudica-
tive hearing under the pro-
visions of the Administra-
tive Procedure Act (chap-
ter 34.05 RCW) by sub-
mitting a written request
on a form provided by the
board. The request must be
received within twenty
days of the date the intent
to deny notification was
mailed.
(iii) If the licensee requests
a hearing, the governmen-
tal jurisdiction will be no-
tified.
(iv) During the hearing
and any subsequent appeal
process, the licensee is is-
sued a temporary operat-
ing permit for the marijua-
na license until a final de-
cision is made.
NEW SECTION
WAC 314-55-505 What are the procedures for notifying a licensee
of an alleged violation of a liquor control board statute or regula-
tion? (1) When an enforcement officer believes that a licensee has
violated a board statute or regulation, the officer may prepare an ad-
ministrative violation notice (AVN) and mail or deliver the notice to
the licensee, licensee's agent, or employee.
(2) The AVN notice will include:
(a) A complete narrative description of the violation(s) the of-
ficer is charging;
(b) The date(s) of the violation(s);
(c) A copy of the law(s) and/or regulation(s) allegedly violated;
(d) An outline of the licensee's options as outlined in WAC
314-55-510; and
(e) The recommended penalty.
[ 35 ]OTS-5501.3PH.1 Page 48 of 246
(i) If the recommended penalty is the standard penalty, see WAC
314-55-520 through 314-55-535 for licensees.
(ii) For cases in which there are aggravating or mitigating cir-
cumstances, the penalty may be adjusted from the standard penalty.
NEW SECTION
WAC 314-55-506 What is the process once the board summarily sus-
pends a marijuana license? (1) The board may summarily suspend any li-
cense after the board's enforcement division has completed a prelimi-
nary staff investigation of the violation and upon a determination
that immediate cessation of the licensed activities is necessary for
the protection or preservation of the public health, safety, or wel-
fare.
(2) Suspension of any license under this provision shall take ef-
fect immediately upon personal service on the licensee or employee
thereof of the summary suspension order unless otherwise provided in
the order.
(3) When a license has been summarily suspended by the board, an
adjudicative proceeding for revocation or other action must be prompt-
ly instituted before an administrative law judge assigned by the of-
fice of administrative hearings. If a request for an administrative
hearing is timely filed by the licensee or permit holder, then a hear-
ing shall be held within ninety days of the effective date of the sum-
mary suspension ordered by the board.
NEW SECTION
WAC 314-55-507 How may a licensee challenge the summary suspen-
sion of his or her marijuana license? (1) Upon summary suspension of a
license by the board pursuant to WAC 314-55-506, an affected licensee
may petition the board for a stay of suspension pursuant to RCW
34.05.467 and 34.05.550(1). A petition for a stay of suspension must
be received by the board within fifteen days of service of the summary
suspension order. The petition for stay shall state the basis on which
the stay is sought.
(2) A hearing shall be held before an administrative law judge
within fourteen days of receipt of a timely petition for stay. The
hearing shall be limited to consideration of whether a stay should be
granted, or whether the terms of the suspension may be modified to al-
low the conduct of limited activities under current licenses or per-
mits.
(3) Any hearing conducted pursuant to subsection (2) of this sec-
tion shall be a brief adjudicative proceeding under RCW 34.05.485. The
agency record for the hearing shall consist of the documentary infor-
mation upon which the summary suspension was based. The licensee or
permit holder shall have the burden of demonstrating by clear and con-
vincing evidence that:
(a) The licensee is likely to prevail upon the merits at hearing;
[ 36 ]OTS-5501.3PH.1 Page 49 of 246
(b) Without relief, the licensee will suffer irreparable injury.
For purposes of this section, elimination of income from licensed ac-
tivities shall not be deemed irreparable injury;
(c) The grant of relief will not substantially harm other parties
to the proceedings; and
(d) The threat to the public health, safety, or welfare is not
sufficiently serious to justify continuation of the suspension, or
that modification of the terms of the suspension will adequately pro-
tect the public interest.
(4) The initial order on stay shall be effective immediately upon
service unless another date is specified in the order.
NEW SECTION
WAC 314-55-508 Review of orders on stay. (1) The licensee, or
agency, may petition the board for review of an initial order on stay.
Any petition for review must be in writing and received by the board
within ten days of service of the initial order. If neither party has
requested review within ten days of service, the initial order shall
be deemed the final order of the board for purposes of RCW 34.05.467.
(2) If the board receives a timely petition for review, the board
shall consider the petition within fifteen days of service of the pe-
tition for review. Consideration on review shall be limited to the re-
cord of the hearing on stay.
(3) The order of the board on the petition for review shall be
effective upon personal service unless another date is specified in
the order and is final pursuant to RCW 34.05.467. Final disposition of
the petition for stay shall not affect subsequent administrative pro-
ceedings for suspension or revocation of a license.
NEW SECTION
WAC 314-55-510 What options does a licensee have once he/she re-
ceives a notice of an administrative violation? (1) A licensee has
twenty days from receipt of the notice to:
(a) Accept the recommended penalty; or
(b) Request a settlement conference in writing; or
(c) Request an administrative hearing in writing.
A response must be submitted on a form provided by the agency.
(2) What happens if a licensee does not respond to the adminis-
trative violation notice within twenty days?
(a) If a licensee does not respond to the administrative viola-
tion notice within twenty days, the recommended suspension penalty
will go into effect.
(b) If the penalty does not include a suspension, the licensee
must pay a twenty-five percent late fee in addition to the recommended
penalty. The recommended penalty plus the late fee must be received
within thirty days of the violation notice issue date.
(3) What are the procedures when a licensee requests a settlement
conference?
[ 37 ]OTS-5501.3PH.1 Page 50 of 246
(a) If the licensee requests a settlement conference, the hearing
examiner or designee will contact the licensee to discuss the viola-
tion.
(b) Both the licensee and the hearing examiner or designee will
discuss the circumstances surrounding the charge, the recommended pen-
alty, and any aggravating or mitigating factors.
(c) If a compromise is reached, the hearing examiner or designee
will prepare a compromise settlement agreement. The hearing examiner
or designee will forward the compromise settlement agreement, author-
ized by both parties, to the board, or designee, for approval.
(i) If the board, or designee, approves the compromise, a copy of
the signed settlement agreement will be sent to the licensee and will
become part of the licensing history.
(ii) If the board, or designee, does not approve the compromise,
the licensee will be notified of the decision. The licensee will be
given the option to renegotiate with the hearings examiner or desig-
nee, of accepting the originally recommended penalty, or of requesting
an administrative hearing on the charges.
(d) If the licensee and the hearing examiner or designee cannot
reach agreement on a settlement proposal, the licensee may accept the
originally recommended penalty, or the hearing examiner or designee
will forward a request for an administrative hearing to the board's
hearings coordinator.
NEW SECTION
WAC 314-55-515 What are the penalties if a marijuana license
holder violates a marijuana law or rule? (1) The purpose of WAC
314-55-515 through 314-55-540 is to outline what penalty a marijuana
licensee can expect if a licensee or employee violates a liquor con-
trol board law or rule. (WAC rules listed in the categories provide
reference areas, and may not be all inclusive.)
(2) Penalties for violations by marijuana licensees or employees
are broken down into four categories:
(a) Group One—Public safety violations, WAC 314-55-520.
(b) Group Two—Regulatory violations, WAC 314-55-525.
(c) Group Three—License violations, WAC 314-55-530.
(d) Group Four—Producer violations involving the manufacture,
supply, and/or distribution of marijuana by nonretail licensees and
prohibited practices between nonretail licensees and retail licensees,
WAC 314-55-535.
(3) For the purposes of chapter 314-55 WAC, a three-year window
for violations is measured from the date one violation occurred to the
date a subsequent violation occurred.
(4) The following schedules are meant to serve as guidelines.
Based on mitigating or aggravating circumstances, the liquor control
board may impose a different penalty than the standard penalties out-
lined in these schedules. Based on mitigating circumstances, the board
may offer a monetary option in lieu of suspension, or alternate penal-
ty, during a settlement conference as outlined in WAC 314-55-510(3).
[ 38 ]OTS-5501.3PH.1 Page 51 of 246
(a) Mitigating
circumstances
(b) Aggravating
circumstances
Mitigating circumstan-
ces that may result in
fewer days of suspen-
sion and/or a lower
monetary option may in-
clude demonstrated
business policies and/or
practices that reduce the
risk of future violations.
Aggravating circumstances
that may result in increased
days of suspension, and/or
increased monetary option,
and/or cancellation of mari-
juana license may include
business operations or be-
haviors that create an in-
creased risk for a violation
and/or intentional commis-
sion of a violation.
Examples include:Examples include:
• Having a signed ac-
knowledgment of the
business' responsible
handling and sales poli-
cies on file for each em-
ployee;
• Failing to call 911 for local
law enforcement or medical
assistance when requested by
a customer, a liquor control
board officer, or when peo-
ple have sustained injuries.
• Having an employee
training plan that in-
cludes annual training
on marijuana laws.
NEW SECTION
WAC 314-55-520 Group 1 violations against public safety. Group 1
violations are considered the most serious because they present a di-
rect threat to public safety. Based on chapter 69.50 RCW, some viola-
tions have only a monetary option. Some violations beyond the first
violation do not have a monetary option upon issuance of a violation
notice. The liquor control board may offer a monetary option in lieu
of suspension days based on mitigating circumstances as outlined in
WAC 314-55-515(4).
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
Violations involving mi-
nors:
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Sale or service to minor:
Sale of marijuana and/or
paraphernalia to a person
under twenty-one years of
age
WAC 314-55-079
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Allowing a minor to fre-
quent a restricted area.
RCW 69.50.357
$1,000 monetary fine $1,000 monetary fine $1,000 monetary fine
Employee under legal
age.
RCW 69.50.357
$1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine
Licensee and/or employee
open and/or consuming
marijuana on a retail li-
censed premises.
RCW 69.50.357
$1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine
Conduct violations:
Criminal conduct: Permit-
ting or engaging in crimi-
nal conduct.
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
[ 39 ]OTS-5501.3PH.1 Page 52 of 246
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
Using unauthorized pesti-
cides, soil amendments,
fertilizers, other crop pro-
duction aids.
WAC 314-55-020(8)
WAC 314-55-083(4)
WAC 314-55-087 (1)(f)
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Adulterate usable marijua-
na with organic or nonor-
ganic chemical or other
compound
WAC 314-55-105(8)
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Using unauthorized sol-
vents or gases in process-
ing
WAC 314-55-104
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Refusal to allow an inspec-
tion and/or obstructing a
law enforcement officer
from performing their offi-
cial duties.
WAC 314-55-050
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Marijuana purchased
from an unauthorized
source.
Cancellation of license
Marijuana sold to an un-
authorized source.
Cancellation of license
Sales in excess of transac-
tion limitations.
WAC 314-55-095(3)
Cancellation of license
NEW SECTION
WAC 314-55-525 Group 2 regulatory violations. Group 2 violations
are violations involving general regulation and administration of re-
tail or nonretail licenses.
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
Hours of service: Sales of
marijuana between 12:00
a.m. and 8:00 a.m.
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Advertising: Violations
(statements/illustrations).
WAC 314-55-155(2)
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Advertising violations –
Sign exceeding 1600
square inches; within 1000
feet of prohibited areas; on
or in public transit vehicles,
shelters, or publicly owned
or operated property.
RCW 69.50.357
RCW 69.50.369
$1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine
Packaging and/or label-
ing violations (processor/
retailer).
WAC 314-55-105
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Licensee/employee failing
to display required secur-
ity badge.
WAC 314-55-083(1)
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
[ 40 ]OTS-5501.3PH.1 Page 53 of 246
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
Failure to maintain re-
quired security alarm
and surveillance systems.
WAC 314-55-083 (2) and
(3)
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Records: Improper record-
keeping.
WAC 314-55-087
WAC 314-55-089 (3), (4),
and (5)
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Failure to submit month-
ly tax reports and/or pay-
ments.
WAC 314-55-089
WAC 314-55-092
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Signs: Failure to post re-
quired signs.
WAC 314-55-086
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Failure to utilize and/or
maintain traceability
(processor or retail licen-
see).
WAC 314-55-083(4)
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Violation of transporta-
tion requirements.
WAC 314-55-085
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Exceeding maximum
serving requirements for
marijuana-infused prod-
ucts.
WAC 314-55-095(2)
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Failure for a processor to
meet marijuana waste
disposal requirements.
WAC 314-55-097
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Failure to maintain
standardized scale re-
quirements (processor/
retailer).
WAC 314-55-099
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Marijuana processor ex-
traction requirements.
WAC 314-55-104
5-day suspension or $500
monetary option
10-day suspension or
$2,500 monetary option
30-day suspension Cancellation of license
Retail outlet selling unau-
thorized products.
RCW 69.50.357
$1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine
Retailer displaying prod-
ucts in a manner visible
to the general public from
a public right of way.
RCW 69.50.357
$1,000 monetary fine $1,000 monetary fine $1,000 monetary fine $1,000 monetary fine
NEW SECTION
WAC 314-55-530 Group 3 license violations. Group 3 violations are
violations involving licensing requirements, license classification,
and special restrictions.
[ 41 ]OTS-5501.3PH.1 Page 54 of 246
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
True party of interest vio-
lation.
WAC 314-55-035
Cancellation of license
Failure to furnish re-
quired documents.
WAC 314-55-050
Cancellation of license
Misrepresentation of fact.
WAC 314-55-050
Cancellation of license
Operating plan:
Violations of a board-ap-
proved operating plan.
WAC 314-55-020
5-day suspension or $500
monetary option
10-day suspension or
$1,500 monetary option
30-day suspension Cancellation of license
Failing to gain board ap-
proval for changes in ex-
isting ownership.
WAC 314-55-120
30-day suspension Cancellation of license
Failure to maintain re-
quired insurance.
WAC 314-55-080
30-day suspension Cancellation of license
NEW SECTION
WAC 314-55-535 Group 4 marijuana producer violations. Group 4 vi-
olations are violations involving the manufacture, supply, and/or dis-
tribution of marijuana by marijuana producer licensees and prohibited
practices between a marijuana producer licensee and a marijuana re-
tailer licensee.
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
Unauthorized sale to a re-
tail licensee.
WAC 314-55-075
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Failure to utilize and/or
maintain traceability.
WAC 314-55-083(4)
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Packaging and/or label-
ing violations (producer).
WAC 314-55-105
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Unauthorized product/
unapproved storage or
delivery.
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Failure for a producer to
meet marijuana waste
disposal requirements.
WAC 314-55-097
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Records: Improper re-
cordkeeping.
WAC 314-55-087
WAC 314-55-089 (2) and
(4)
WAC 314-55-092
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Violation of transporta-
tion requirements.
WAC 314-55-085
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
[ 42 ]OTS-5501.3PH.1 Page 55 of 246
Violation Type 1st Violation
2nd Violation in a
three-year window
3rd Violation in a
three-year window
4th Violation in a
three-year window
Failure to maintain re-
quired security alarm
and surveillance systems.
WAC 314-55-083 (2) and
(3)
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Failure to maintain
standardized scale re-
quirements (producer).
WAC 314-55-099
$2,500 monetary fine $5,000 monetary fine and
destruction of 25% of har-
vestable plants
$15,000 monetary fine and
destruction of 50% of har-
vestable plants
Cancellation of license
Violation.
NEW SECTION
WAC 314-55-540 Information about marijuana license suspensions.
(1) On the date a marijuana license suspension goes into effect, a
liquor control officer will post a suspension notice in a conspicuous
place on or about the licensed premises. This notice will state that
the license has been suspended by order of the liquor control board
due to a violation of a board law or rule.
(2) During the period of marijuana license suspension, the licen-
see and employees:
(a) Are required to maintain compliance with all applicable mari-
juana laws and rules;
(b) May not remove, alter, or cover the posted suspension notice,
and may not permit another person to do so;
(c) May not place or permit the placement of any statement on the
licensed premises indicating that the premises have been closed for
any reason other than as stated in the suspension notice;
(d) May not advertise by any means that the licensed premises is
closed for any reason other than as stated in the liquor control
board's suspension notice.
(3) During the period of marijuana license suspension:
(a) A marijuana retailer or marijuana processor licensee may not
operate his/her business during the dates and times of suspension.
(b) There is no sale, delivery, service, destruction, removal, or
receipt of marijuana during a license suspension.
(c) A producer of marijuana may do whatever is necessary as a
part of the producing process to keep current stock that is on hand at
the time of the suspension from spoiling or becoming unsalable during
a suspension, provided it does not include processing the product. The
producer may not receive any agricultural products used in the produc-
tion of marijuana during the period of suspension.
[ 43 ]OTS-5501.3PH.1 Page 56 of 246
_____________________________________________
BILL REQUEST - CODE REVISER'S OFFICE
_____________________________________________
BILL REQ. #: I-2465.1/11
ATTY/TYPIST: AI:crs
BRIEF DESCRIPTION:
Initiative Measure No. 502 Filed July 8, 2011
PH.1 Page 57 of 246
Code Rev/AI:crs 1 I-2465.1/11
Initiative Measure No. 502 filed July 8, 2011
AN ACT Relating to marijuana; amending RCW 69.50.101, 69.50.401,
69.50.4013, 69.50.412, 69.50.4121, 69.50.500, 46.20.308, 46.61.502,
46.61.504, 46.61.50571, and 46.61.506; reenacting and amending RCW
69.50.505, 46.20.3101, and 46.61.503; adding a new section to chapter
46.04 RCW; adding new sections to chapter 69.50 RCW; creating new
sections; and prescribing penalties.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
PART I
INTENT
NEW SECTION. Sec. 1. The people intend to stop treating adult
marijuana use as a crime and try a new approach that:
(1) Allows law enforcement resources to be focused on violent and
property crimes;
(2) Generates new state and local tax revenue for education,
health care, research, and substance abuse prevention; and
(3) Takes marijuana out of the hands of illegal drug organizations
and brings it under a tightly regulated, state-licensed system similar
to that for controlling hard alcohol.
This measure authorizes the state liquor control board to regulate
and tax marijuana for persons twenty-one years of age and older, and
add a new threshold for driving under the influence of marijuana.
PART II
DEFINITIONS
PH.1 Page 58 of 246
Code Rev/AI:crs 2 I-2465.1/11
Sec. 2. RCW 69.50.101 and 2010 c 177 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, definitions of
terms shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by
injection, inhalation, ingestion, or any other means, directly to the
body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the
practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the
presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser. It does
not include a common or contract carrier, public warehouseperson, or
employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or
state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the
chemical structure of which is substantially similar to the chemical
structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on
the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system of
a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual
represents or intends to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule
I or II.
(2) The term does not include:
(i) a controlled substance;
PH.1 Page 59 of 246
Code Rev/AI:crs 3 I-2465.1/11
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in effect
for investigational use by a particular person under Section 505 of
the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the
extent conduct with respect to the substance is pursuant to the
exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect to the
substance.
(f) "Deliver" or "delivery," means the actual or constructive
transfer from one person to another of a substance, whether or not
there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order
for a controlled substance and, pursuant to that prescription or
order, the proper selection, measuring, compounding, labeling, or
packaging necessary to prepare that prescription or order for
delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug
in the official United States pharmacopoeia/national formulary or the
official homeopathic pharmacopoeia of the United States, or any
supplement to them; (2) controlled substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body of
individuals or animals; and (4) controlled substances intended for use
as a component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components,
parts, or accessories.
PH.1 Page 60 of 246
Code Rev/AI:crs 4 I-2465.1/11
(m) "Drug enforcement administration" means the drug enforcement
administration in the United States Department of Justice, or its
successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by rule
designates as being the principal compound commonly used, or produced
primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to
be used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or
limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(((r)))
(x)(5), 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term
includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and
69.50.210(c) the term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
positional or geometric isomer.
(p) "Lot" means a definite quantity of marijuana, useable
marijuana, or marijuana-infused product identified by a lot number,
every portion or package of which is uniform within recognized
tolerances for the factors that appear in the labeling.
(q) "Lot number" shall identify the licensee by business or trade
name and Washington state unified business identifier number, and the
date of harvest or processing for each lot of marijuana, useable
marijuana, or marijuana-infused product.
(r) "Manufacture" means the production, preparation, propagation,
compounding, conversion, or processing of a controlled substance,
either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by
a combination of extraction and chemical synthesis, and includes any
packaging or repackaging of the substance or labeling or relabeling of
its container. The term does not include the preparation,
compounding, packaging, repackaging, labeling, or relabeling of a
controlled substance:
PH.1 Page 61 of 246
Code Rev/AI:crs 5 I-2465.1/11
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the course of
the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent
under the practitioner's supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not for
sale.
(((q))) (s) "Marijuana" or "marihuana" means all parts of the
plant Cannabis, whether growing or not, with a THC concentration
greater than 0.3 percent on a dry weight basis; the seeds thereof; the
resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin. The term does not include the mature stalks of
the plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination.
(((r))) (t) "Marijuana processor" means a person licensed by the
state liquor control board to process marijuana into useable marijuana
and marijuana-infused products, package and label useable marijuana
and marijuana-infused products for sale in retail outlets, and sell
useable marijuana and marijuana-infused products at wholesale to
marijuana retailers.
(u) "Marijuana producer" means a person licensed by the state
liquor control board to produce and sell marijuana at wholesale to
marijuana processors and other marijuana producers.
(v) "Marijuana-infused products" means products that contain
marijuana or marijuana extracts and are intended for human use. The
term "marijuana-infused products" does not include useable marijuana.
(w) "Marijuana retailer" means a person licensed by the state
liquor control board to sell useable marijuana and marijuana-infused
products in a retail outlet.
(x) "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
PH.1 Page 62 of 246
Code Rev/AI:crs 6 I-2465.1/11
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium
derivative, including their salts, isomers, and salts of isomers,
whenever the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation. The term does not
include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate,
including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical
designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives or ecgonine or their
salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
thereof.
(8) Any compound, mixture, or preparation containing any quantity
of any substance referred to in subparagraphs (1) through (7).
(((s))) (y) "Opiate" means any substance having an addiction-
forming or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. The term includes opium, substances
derived from opium (opium derivatives), and synthetic opiates. The
term does not include, unless specifically designated as controlled
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-
methylmorphinan and its salts (dextromethorphan). The term includes
the racemic and levorotatory forms of dextromethorphan.
(((t))) (z) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(((u))) (aa) "Person" means individual, corporation, business
trust, estate, trust, partnership, association, joint venture,
PH.1 Page 63 of 246
Code Rev/AI:crs 7 I-2465.1/11
government, governmental subdivision or agency, or any other legal or
commercial entity.
(((v))) (bb) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(((w))) (cc) "Practitioner" means:
(1) A physician under chapter 18.71 RCW; a physician assistant
under chapter 18.71A RCW; an osteopathic physician and surgeon under
chapter 18.57 RCW; an osteopathic physician assistant under chapter
18.57A RCW who is licensed under RCW 18.57A.020 subject to any
limitations in RCW 18.57A.040; an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010; a dentist under chapter
18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW;
a veterinarian under chapter 18.92 RCW; a registered nurse, advanced
registered nurse practitioner, or licensed practical nurse under
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW
who is licensed under RCW 18.36A.030 subject to any limitations in RCW
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific
investigator under this chapter, licensed, registered or otherwise
permitted insofar as is consistent with those licensing laws to
distribute, dispense, conduct research with respect to or administer a
controlled substance in the course of their professional practice or
research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct
research with respect to or to administer a controlled substance in
the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a
physician licensed to practice osteopathic medicine and surgery, a
dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, or a
veterinarian licensed to practice veterinary medicine in any state of
the United States.
(((x))) (dd) "Prescription" means an order for controlled
substances issued by a practitioner duly authorized by law or rule in
PH.1 Page 64 of 246
Code Rev/AI:crs 8 I-2465.1/11
the state of Washington to prescribe controlled substances within the
scope of his or her professional practice for a legitimate medical
purpose.
(((y))) (ee) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(((z))) (ff) "Retail outlet" means a location licensed by the
state liquor control board for the retail sale of useable marijuana
and marijuana-infused products.
(gg) "Secretary" means the secretary of health or the secretary's
designee.
(((aa))) (hh) "State," unless the context otherwise requires,
means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or insular possession
subject to the jurisdiction of the United States.
(((bb))) (ii) "THC concentration" means percent of delta-9
tetrahydrocannabinol content per dry weight of any part of the plant
Cannabis, or per volume or weight of marijuana product.
(jj) "Ultimate user" means an individual who lawfully possesses a
controlled substance for the individual's own use or for the use of a
member of the individual's household or for administering to an animal
owned by the individual or by a member of the individual's household.
(((cc))) (kk) "Useable marijuana" means dried marijuana flowers.
The term "useable marijuana" does not include marijuana-infused
products.
(ll) "Electronic communication of prescription information" means
the communication of prescription information by computer, or the
transmission of an exact visual image of a prescription by facsimile,
or other electronic means for original prescription information or
prescription refill information for a Schedule III-V controlled
substance between an authorized practitioner and a pharmacy or the
transfer of prescription information for a controlled substance from
one pharmacy to another pharmacy.
NEW SECTION. Sec. 3. A new section is added to chapter 46.04 RCW
to read as follows:
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"THC concentration" means nanograms of delta-9
tetrahydrocannabinol per milliliter of a person's whole blood. THC
concentration does not include measurement of the metabolite THC-COOH,
also known as carboxy-THC.
PART III
LICENSING AND REGULATION OF MARIJUANA
PRODUCERS, PROCESSORS, AND RETAILERS
NEW SECTION. Sec. 4. (1) There shall be a marijuana producer's
license to produce marijuana for sale at wholesale to marijuana
processors and other marijuana producers, regulated by the state
liquor control board and subject to annual renewal. The production,
possession, delivery, distribution, and sale of marijuana in
accordance with the provisions of this act and the rules adopted to
implement and enforce it, by a validly licensed marijuana producer,
shall not be a criminal or civil offense under Washington state law.
Every marijuana producer's license shall be issued in the name of the
applicant, shall specify the location at which the marijuana producer
intends to operate, which must be within the state of Washington, and
the holder thereof shall not allow any other person to use the
license. The application fee for a marijuana producer's license shall
be two hundred fifty dollars. The annual fee for issuance and renewal
of a marijuana producer's license shall be one thousand dollars. A
separate license shall be required for each location at which a
marijuana producer intends to produce marijuana.
(2) There shall be a marijuana processor's license to process,
package, and label useable marijuana and marijuana-infused products
for sale at wholesale to marijuana retailers, regulated by the state
liquor control board and subject to annual renewal. The processing,
packaging, possession, delivery, distribution, and sale of marijuana,
useable marijuana, and marijuana-infused products in accordance with
the provisions of this act and the rules adopted to implement and
enforce it, by a validly licensed marijuana processor, shall not be a
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criminal or civil offense under Washington state law. Every marijuana
processor's license shall be issued in the name of the applicant,
shall specify the location at which the licensee intends to operate,
which must be within the state of Washington, and the holder thereof
shall not allow any other person to use the license. The application
fee for a marijuana processor's license shall be two hundred fifty
dollars. The annual fee for issuance and renewal of a marijuana
processor's license shall be one thousand dollars. A separate license
shall be required for each location at which a marijuana processor
intends to process marijuana.
(3) There shall be a marijuana retailer's license to sell useable
marijuana and marijuana-infused products at retail in retail outlets,
regulated by the state liquor control board and subject to annual
renewal. The possession, delivery, distribution, and sale of useable
marijuana and marijuana-infused products in accordance with the
provisions of this act and the rules adopted to implement and enforce
it, by a validly licensed marijuana retailer, shall not be a criminal
or civil offense under Washington state law. Every marijuana
retailer's license shall be issued in the name of the applicant, shall
specify the location of the retail outlet the licensee intends to
operate, which must be within the state of Washington, and the holder
thereof shall not allow any other person to use the license. The
application fee for a marijuana retailer's license shall be two
hundred fifty dollars. The annual fee for issuance and renewal of a
marijuana retailer's license shall be one thousand dollars. A
separate license shall be required for each location at which a
marijuana retailer intends to sell useable marijuana and marijuana-
infused products.
NEW SECTION. Sec. 5. Neither a licensed marijuana producer nor a
licensed marijuana processor shall have a direct or indirect financial
interest in a licensed marijuana retailer.
NEW SECTION. Sec. 6. (1) For the purpose of considering any
application for a license to produce, process, or sell marijuana, or
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for the renewal of a license to produce, process, or sell marijuana,
the state liquor control board may cause an inspection of the premises
to be made, and may inquire into all matters in connection with the
construction and operation of the premises. For the purpose of
reviewing any application for a license and for considering the
denial, suspension, revocation, or renewal or denial thereof, of any
license, the state liquor control board may consider any prior
criminal conduct of the applicant including an administrative
violation history record with the state liquor control board and a
criminal history record information check. The state liquor control
board may submit the criminal history record information check to the
Washington state patrol and to the identification division of the
federal bureau of investigation in order that these agencies may
search their records for prior arrests and convictions of the
individual or individuals who filled out the forms. The state liquor
control board shall require fingerprinting of any applicant whose
criminal history record information check is submitted to the federal
bureau of investigation. The provisions of RCW 9.95.240 and of
chapter 9.96A RCW shall not apply to these cases. Subject to the
provisions of this section, the state liquor control board may, in its
discretion, grant or deny the renewal or license applied for. Denial
may be based on, without limitation, the existence of chronic illegal
activity documented in objections submitted pursuant to subsections
(7)(c) and (9) of this section. Authority to approve an uncontested
or unopposed license may be granted by the state liquor control board
to any staff member the board designates in writing. Conditions for
granting this authority shall be adopted by rule. No license of any
kind may be issued to:
(a) A person under the age of twenty-one years;
(b) A person doing business as a sole proprietor who has not
lawfully resided in the state for at least three months prior to
applying to receive a license;
(c) A partnership, employee cooperative, association, nonprofit
corporation, or corporation unless formed under the laws of this
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state, and unless all of the members thereof are qualified to obtain a
license as provided in this section; or
(d) A person whose place of business is conducted by a manager or
agent, unless the manager or agent possesses the same qualifications
required of the licensee.
(2)(a) The state liquor control board may, in its discretion,
subject to the provisions of section 7 of this act, suspend or cancel
any license; and all protections of the licensee from criminal or
civil sanctions under state law for producing, processing, or selling
marijuana, useable marijuana, or marijuana-infused products thereunder
shall be suspended or terminated, as the case may be.
(b) The state liquor control board shall immediately suspend the
license of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not
in compliance with a support order. If the person has continued to
meet all other requirements for reinstatement during the suspension,
reissuance of the license shall be automatic upon the state liquor
control board's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance
with the order.
(c) The state liquor control board may request the appointment of
administrative law judges under chapter 34.12 RCW who shall have power
to administer oaths, issue subpoenas for the attendance of witnesses
and the production of papers, books, accounts, documents, and
testimony, examine witnesses, and to receive testimony in any inquiry,
investigation, hearing, or proceeding in any part of the state, under
rules and regulations the state liquor control board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to and
from any inquiry, investigation, hearing, or proceeding at the rate
authorized by RCW 34.05.446. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books, records, or
other legal evidence.
(e) In case of disobedience of any person to comply with the order
of the state liquor control board or a subpoena issued by the state
liquor control board, or any of its members, or administrative law
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judges, or on the refusal of a witness to testify to any matter
regarding which he or she may be lawfully interrogated, the judge of
the superior court of the county in which the person resides, on
application of any member of the board or administrative law judge,
shall compel obedience by contempt proceedings, as in the case of
disobedience of the requirements of a subpoena issued from said court
or a refusal to testify therein.
(3) Upon receipt of notice of the suspension or cancellation of a
license, the licensee shall forthwith deliver up the license to the
state liquor control board. Where the license has been suspended
only, the state liquor control board shall return the license to the
licensee at the expiration or termination of the period of suspension.
The state liquor control board shall notify all other licensees in the
county where the subject licensee has its premises of the suspension
or cancellation of the license; and no other licensee or employee of
another licensee may allow or cause any marijuana, useable marijuana,
or marijuana-infused products to be delivered to or for any person at
the premises of the subject licensee.
(4) Every license issued under this act shall be subject to all
conditions and restrictions imposed by this act or by rules adopted by
the state liquor control board to implement and enforce this act. All
conditions and restrictions imposed by the state liquor control board
in the issuance of an individual license shall be listed on the face
of the individual license along with the trade name, address, and
expiration date.
(5) Every licensee shall post and keep posted its license, or
licenses, in a conspicuous place on the premises.
(6) No licensee shall employ any person under the age of twenty-
one years.
(7)(a) Before the state liquor control board issues a new or
renewed license to an applicant it shall give notice of the
application to the chief executive officer of the incorporated city or
town, if the application is for a license within an incorporated city
or town, or to the county legislative authority, if the application is
for a license outside the boundaries of incorporated cities or towns.
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(b) The incorporated city or town through the official or employee
selected by it, or the county legislative authority or the official or
employee selected by it, shall have the right to file with the state
liquor control board within twenty days after the date of transmittal
of the notice for applications, or at least thirty days prior to the
expiration date for renewals, written objections against the applicant
or against the premises for which the new or renewed license is asked.
The state liquor control board may extend the time period for
submitting written objections.
(c) The written objections shall include a statement of all facts
upon which the objections are based, and in case written objections
are filed, the city or town or county legislative authority may
request, and the state liquor control board may in its discretion
hold, a hearing subject to the applicable provisions of Title 34 RCW.
If the state liquor control board makes an initial decision to deny a
license or renewal based on the written objections of an incorporated
city or town or county legislative authority, the applicant may
request a hearing subject to the applicable provisions of Title 34
RCW. If a hearing is held at the request of the applicant, state
liquor control board representatives shall present and defend the
state liquor control board's initial decision to deny a license or
renewal.
(d) Upon the granting of a license under this title the state
liquor control board shall send written notification to the chief
executive officer of the incorporated city or town in which the
license is granted, or to the county legislative authority if the
license is granted outside the boundaries of incorporated cities or
towns.
(8) The state liquor control board shall not issue a license for
any premises within one thousand feet of the perimeter of the grounds
of any elementary or secondary school, playground, recreation center
or facility, child care center, public park, public transit center, or
library, or any game arcade admission to which is not restricted to
persons aged twenty-one years or older.
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(9) In determining whether to grant or deny a license or renewal
of any license, the state liquor control board shall give substantial
weight to objections from an incorporated city or town or county
legislative authority based upon chronic illegal activity associated
with the applicant's operations of the premises proposed to be
licensed or the applicant's operation of any other licensed premises,
or the conduct of the applicant's patrons inside or outside the
licensed premises. "Chronic illegal activity" means (a) a pervasive
pattern of activity that threatens the public health, safety, and
welfare of the city, town, or county including, but not limited to,
open container violations, assaults, disturbances, disorderly conduct,
or other criminal law violations, or as documented in crime
statistics, police reports, emergency medical response data, calls for
service, field data, or similar records of a law enforcement agency
for the city, town, county, or any other municipal corporation or any
state agency; or (b) an unreasonably high number of citations for
violations of RCW 46.61.502 associated with the applicant's or
licensee's operation of any licensed premises as indicated by the
reported statements given to law enforcement upon arrest.
NEW SECTION. Sec. 7. The action, order, or decision of the state
liquor control board as to any denial of an application for the
reissuance of a license to produce, process, or sell marijuana, or as
to any revocation, suspension, or modification of any license to
produce, process, or sell marijuana, shall be an adjudicative
proceeding and subject to the applicable provisions of chapter 34.05
RCW.
(1) An opportunity for a hearing may be provided to an applicant
for the reissuance of a license prior to the disposition of the
application, and if no opportunity for a prior hearing is provided
then an opportunity for a hearing to reconsider the application must
be provided the applicant.
(2) An opportunity for a hearing must be provided to a licensee
prior to a revocation or modification of any license and, except as
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provided in subsection (4) of this section, prior to the suspension of
any license.
(3) No hearing shall be required until demanded by the applicant
or licensee.
(4) The state liquor control board may summarily suspend a license
for a period of up to one hundred eighty days without a prior hearing
if it finds that public health, safety, or welfare imperatively
require emergency action, and it incorporates a finding to that effect
in its order. Proceedings for revocation or other action must be
promptly instituted and determined. An administrative law judge may
extend the summary suspension period for up to one calendar year from
the first day of the initial summary suspension in the event the
proceedings for revocation or other action cannot be completed during
the initial one hundred eighty-day period due to actions by the
licensee. The state liquor control board's enforcement division shall
complete a preliminary staff investigation of the violation before
requesting an emergency suspension by the state liquor control board.
NEW SECTION. Sec. 8. (1) If the state liquor control board
approves, a license to produce, process, or sell marijuana may be
transferred, without charge, to the surviving spouse or domestic
partner of a deceased licensee if the license was issued in the names
of one or both of the parties. For the purpose of considering the
qualifications of the surviving party to receive a marijuana
producer's, marijuana processor's, or marijuana retailer's license,
the state liquor control board may require a criminal history record
information check. The state liquor control board may submit the
criminal history record information check to the Washington state
patrol and to the identification division of the federal bureau of
investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who
filled out the forms. The state liquor control board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation.
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(2) The proposed sale of more than ten percent of the outstanding
or issued stock of a corporation licensed under this act, or any
proposed change in the officers of such a corporation, must be
reported to the state liquor control board, and state liquor control
board approval must be obtained before the changes are made. A fee of
seventy-five dollars will be charged for the processing of the change
of stock ownership or corporate officers.
NEW SECTION. Sec. 9. For the purpose of carrying into effect the
provisions of this act according to their true intent or of supplying
any deficiency therein, the state liquor control board may adopt rules
not inconsistent with the spirit of this act as are deemed necessary
or advisable. Without limiting the generality of the preceding
sentence, the state liquor control board is empowered to adopt rules
regarding the following:
(1) The equipment and management of retail outlets and premises
where marijuana is produced or processed, and inspection of the retail
outlets and premises;
(2) The books and records to be created and maintained by
licensees, the reports to be made thereon to the state liquor control
board, and inspection of the books and records;
(3) Methods of producing, processing, and packaging marijuana,
useable marijuana, and marijuana-infused products; conditions of
sanitation; and standards of ingredients, quality, and identity of
marijuana, useable marijuana, and marijuana-infused products produced,
processed, packaged, or sold by licensees;
(4) Security requirements for retail outlets and premises where
marijuana is produced or processed, and safety protocols for licensees
and their employees;
(5) Screening, hiring, training, and supervising employees of
licensees;
(6) Retail outlet locations and hours of operation;
(7) Labeling requirements and restrictions on advertisement of
marijuana, useable marijuana, and marijuana-infused products;
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(8) Forms to be used for purposes of this act or the rules adopted
to implement and enforce it, the terms and conditions to be contained
in licenses issued under this act, and the qualifications for
receiving a license issued under this act, including a criminal
history record information check. The state liquor control board may
submit any criminal history record information check to the Washington
state patrol and to the identification division of the federal bureau
of investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who
filled out the forms. The state liquor control board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation;
(9) Application, reinstatement, and renewal fees for licenses
issued under this act, and fees for anything done or permitted to be
done under the rules adopted to implement and enforce this act;
(10) The manner of giving and serving notices required by this act
or rules adopted to implement or enforce it;
(11) Times and periods when, and the manner, methods, and means by
which, licensees shall transport and deliver marijuana, useable
marijuana, and marijuana-infused products within the state;
(12) Identification, seizure, confiscation, destruction, or
donation to law enforcement for training purposes of all marijuana,
useable marijuana, and marijuana-infused products produced, processed,
sold, or offered for sale within this state which do not conform in
all respects to the standards prescribed by this act or the rules
adopted to implement and enforce it: PROVIDED, That nothing in this
act shall be construed as authorizing the state liquor control board
to seize, confiscate, destroy, or donate to law enforcement marijuana,
useable marijuana, or marijuana-infused products produced, processed,
sold, offered for sale, or possessed in compliance with the Washington
state medical use of cannabis act, chapter 69.51A RCW.
NEW SECTION. Sec. 10. The state liquor control board, subject to
the provisions of this act, must adopt rules by December 1, 2013, that
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establish the procedures and criteria necessary to implement the
following:
(1) Licensing of marijuana producers, marijuana processors, and
marijuana retailers, including prescribing forms and establishing
application, reinstatement, and renewal fees;
(2) Determining, in consultation with the office of financial
management, the maximum number of retail outlets that may be licensed
in each county, taking into consideration:
(a) Population distribution;
(b) Security and safety issues; and
(c) The provision of adequate access to licensed sources of
useable marijuana and marijuana-infused products to discourage
purchases from the illegal market;
(3) Determining the maximum quantity of marijuana a marijuana
producer may have on the premises of a licensed location at any time
without violating Washington state law;
(4) Determining the maximum quantities of marijuana, useable
marijuana, and marijuana-infused products a marijuana processor may
have on the premises of a licensed location at any time without
violating Washington state law;
(5) Determining the maximum quantities of useable marijuana and
marijuana-infused products a marijuana retailer may have on the
premises of a retail outlet at any time without violating Washington
state law;
(6) In making the determinations required by subsections (3)
through (5) of this section, the state liquor control board shall take
into consideration:
(a) Security and safety issues;
(b) The provision of adequate access to licensed sources of
marijuana, useable marijuana, and marijuana-infused products to
discourage purchases from the illegal market; and
(c) Economies of scale, and their impact on licensees' ability to
both comply with regulatory requirements and undercut illegal market
prices;
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(7) Determining the nature, form, and capacity of all containers
to be used by licensees to contain marijuana, useable marijuana, and
marijuana-infused products, and their labeling requirements, to
include but not be limited to:
(a) The business or trade name and Washington state unified
business identifier number of the licensees that grew, processed, and
sold the marijuana, useable marijuana, or marijuana-infused product;
(b) Lot numbers of the marijuana, useable marijuana, or marijuana-
infused product;
(c) THC concentration of the marijuana, useable marijuana, or
marijuana-infused product;
(d) Medically and scientifically accurate information about the
health and safety risks posed by marijuana use; and
(e) Language required by RCW 69.04.480;
(8) In consultation with the department of agriculture,
establishing classes of marijuana, useable marijuana, and marijuana-
infused products according to grade, condition, cannabinoid profile,
THC concentration, or other qualitative measurements deemed
appropriate by the state liquor control board;
(9) Establishing reasonable time, place, and manner restrictions
and requirements regarding advertising of marijuana, useable
marijuana, and marijuana-infused products that are not inconsistent
with the provisions of this act, taking into consideration:
(a) Federal laws relating to marijuana that are applicable within
Washington state;
(b) Minimizing exposure of people under twenty-one years of age to
the advertising; and
(c) The inclusion of medically and scientifically accurate
information about the health and safety risks posed by marijuana use
in the advertising;
(10) Specifying and regulating the time and periods when, and the
manner, methods, and means by which, licensees shall transport and
deliver marijuana, useable marijuana, and marijuana-infused products
within the state;
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(11) In consultation with the department and the department of
agriculture, establishing accreditation requirements for testing
laboratories used by licensees to demonstrate compliance with
standards adopted by the state liquor control board, and prescribing
methods of producing, processing, and packaging marijuana, useable
marijuana, and marijuana-infused products; conditions of sanitation;
and standards of ingredients, quality, and identity of marijuana,
useable marijuana, and marijuana-infused products produced, processed,
packaged, or sold by licensees;
(12) Specifying procedures for identifying, seizing, confiscating,
destroying, and donating to law enforcement for training purposes all
marijuana, useable marijuana, and marijuana-infused products produced,
processed, packaged, labeled, or offered for sale in this state that
do not conform in all respects to the standards prescribed by this act
or the rules of the state liquor control board.
NEW SECTION. Sec. 11. (1) On a schedule determined by the state
liquor control board, every licensed marijuana producer and processor
must submit representative samples of marijuana, useable marijuana, or
marijuana-infused products produced or processed by the licensee to an
independent, third-party testing laboratory meeting the accreditation
requirements established by the state liquor control board, for
inspection and testing to certify compliance with standards adopted by
the state liquor control board. Any sample remaining after testing
shall be destroyed by the laboratory or returned to the licensee.
(2) Licensees must submit the results of this inspection and
testing to the state liquor control board on a form developed by the
state liquor control board.
(3) If a representative sample inspected and tested under this
section does not meet the applicable standards adopted by the state
liquor control board, the entire lot from which the sample was taken
must be destroyed.
NEW SECTION. Sec. 12. Except as provided by chapter 42.52 RCW,
no member of the state liquor control board and no employee of the
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state liquor control board shall have any interest, directly or
indirectly, in the producing, processing, or sale of marijuana,
useable marijuana, or marijuana-infused products, or derive any profit
or remuneration from the sale of marijuana, useable marijuana, or
marijuana-infused products other than the salary or wages payable to
him or her in respect of his or her office or position, and shall
receive no gratuity from any person in connection with the business.
NEW SECTION. Sec. 13. There may be licensed, in no greater
number in each of the counties of the state than as the state liquor
control board shall deem advisable, retail outlets established for the
purpose of making useable marijuana and marijuana-infused products
available for sale to adults aged twenty-one and over. Retail sale of
useable marijuana and marijuana-infused products in accordance with
the provisions of this act and the rules adopted to implement and
enforce it, by a validly licensed marijuana retailer or retail outlet
employee, shall not be a criminal or civil offense under Washington
state law.
NEW SECTION. Sec. 14. (1) Retail outlets shall sell no products
or services other than useable marijuana, marijuana-infused products,
or paraphernalia intended for the storage or use of useable marijuana
or marijuana-infused products.
(2) Licensed marijuana retailers shall not employ persons under
twenty-one years of age or allow persons under twenty-one years of age
to enter or remain on the premises of a retail outlet.
(3) Licensed marijuana retailers shall not display any signage in
a window, on a door, or on the outside of the premises of a retail
outlet that is visible to the general public from a public right-of-
way, other than a single sign no larger than one thousand six hundred
square inches identifying the retail outlet by the licensee's business
or trade name.
(4) Licensed marijuana retailers shall not display useable
marijuana or marijuana-infused products in a manner that is visible to
the general public from a public right-of-way.
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(5) No licensed marijuana retailer or employee of a retail outlet
shall open or consume, or allow to be opened or consumed, any useable
marijuana or marijuana-infused product on the outlet premises.
(6) The state liquor control board shall fine a licensee one
thousand dollars for each violation of any subsection of this section.
Fines collected under this section must be deposited into the
dedicated marijuana fund created under section 26 of this act.
NEW SECTION. Sec. 15. The following acts, when performed by a
validly licensed marijuana retailer or employee of a validly licensed
retail outlet in compliance with rules adopted by the state liquor
control board to implement and enforce this act, shall not constitute
criminal or civil offenses under Washington state law:
(1) Purchase and receipt of useable marijuana or marijuana-infused
products that have been properly packaged and labeled from a marijuana
processor validly licensed under this act;
(2) Possession of quantities of useable marijuana or marijuana-
infused products that do not exceed the maximum amounts established by
the state liquor control board under section 10(5) of this act; and
(3) Delivery, distribution, and sale, on the premises of the
retail outlet, of any combination of the following amounts of useable
marijuana or marijuana-infused product to any person twenty-one years
of age or older:
(a) One ounce of useable marijuana;
(b) Sixteen ounces of marijuana-infused product in solid form; or
(c) Seventy-two ounces of marijuana-infused product in liquid
form.
NEW SECTION. Sec. 16. The following acts, when performed by a
validly licensed marijuana processor or employee of a validly licensed
marijuana processor in compliance with rules adopted by the state
liquor control board to implement and enforce this act, shall not
constitute criminal or civil offenses under Washington state law:
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(1) Purchase and receipt of marijuana that has been properly
packaged and labeled from a marijuana producer validly licensed under
this act;
(2) Possession, processing, packaging, and labeling of quantities
of marijuana, useable marijuana, and marijuana-infused products that
do not exceed the maximum amounts established by the state liquor
control board under section 10(4) of this act; and
(3) Delivery, distribution, and sale of useable marijuana or
marijuana-infused products to a marijuana retailer validly licensed
under this act.
NEW SECTION. Sec. 17. The following acts, when performed by a
validly licensed marijuana producer or employee of a validly licensed
marijuana producer in compliance with rules adopted by the state
liquor control board to implement and enforce this act, shall not
constitute criminal or civil offenses under Washington state law:
(1) Production or possession of quantities of marijuana that do
not exceed the maximum amounts established by the state liquor control
board under section 10(3) of this act; and
(2) Delivery, distribution, and sale of marijuana to a marijuana
processor or another marijuana producer validly licensed under this
act.
NEW SECTION. Sec. 18. (1) No licensed marijuana producer,
processor, or retailer shall place or maintain, or cause to be placed
or maintained, an advertisement of marijuana, useable marijuana, or a
marijuana-infused product in any form or through any medium
whatsoever:
(a) Within one thousand feet of the perimeter of a school grounds,
playground, recreation center or facility, child care center, public
park, or library, or any game arcade admission to which is not
restricted to persons aged twenty-one years or older;
(b) On or in a public transit vehicle or public transit shelter;
or
(c) On or in a publicly owned or operated property.
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(2) Merchandising within a retail outlet is not advertising for
the purposes of this section.
(3) This section does not apply to a noncommercial message.
(4) The state liquor control board shall fine a licensee one
thousand dollars for each violation of subsection (1) of this section.
Fines collected under this subsection must be deposited into the
dedicated marijuana fund created under section 26 of this act.
Sec. 19. RCW 69.50.401 and 2005 c 218 s 1 are each amended to
read as follows:
(1) Except as authorized by this chapter, it is unlawful for any
person to manufacture, deliver, or possess with intent to manufacture
or deliver, a controlled substance.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II which is
a narcotic drug or flunitrazepam, including its salts, isomers, and
salts of isomers, classified in Schedule IV, is guilty of a class B
felony and upon conviction may be imprisoned for not more than ten
years, or (i) fined not more than twenty-five thousand dollars if the
crime involved less than two kilograms of the drug, or both such
imprisonment and fine; or (ii) if the crime involved two or more
kilograms of the drug, then fined not more than one hundred thousand
dollars for the first two kilograms and not more than fifty dollars
for each gram in excess of two kilograms, or both such imprisonment
and fine;
(b) Amphetamine, including its salts, isomers, and salts of
isomers, or methamphetamine, including its salts, isomers, and salts
of isomers, is guilty of a class B felony and upon conviction may be
imprisoned for not more than ten years, or (i) fined not more than
twenty-five thousand dollars if the crime involved less than two
kilograms of the drug, or both such imprisonment and fine; or (ii) if
the crime involved two or more kilograms of the drug, then fined not
more than one hundred thousand dollars for the first two kilograms and
not more than fifty dollars for each gram in excess of two kilograms,
or both such imprisonment and fine. Three thousand dollars of the
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fine may not be suspended. As collected, the first three thousand
dollars of the fine must be deposited with the law enforcement agency
having responsibility for cleanup of laboratories, sites, or
substances used in the manufacture of the methamphetamine, including
its salts, isomers, and salts of isomers. The fine moneys deposited
with that law enforcement agency must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule I, II,
or III, is guilty of a class C felony punishable according to chapter
9A.20 RCW;
(d) A substance classified in Schedule IV, except flunitrazepam,
including its salts, isomers, and salts of isomers, is guilty of a
class C felony punishable according to chapter 9A.20 RCW; or
(e) A substance classified in Schedule V, is guilty of a class C
felony punishable according to chapter 9A.20 RCW.
(3) The production, manufacture, processing, packaging, delivery,
distribution, sale, or possession of marijuana in compliance with the
terms set forth in section 15, 16, or 17 of this act shall not
constitute a violation of this section, this chapter, or any other
provision of Washington state law.
Sec. 20. RCW 69.50.4013 and 2003 c 53 s 334 are each amended to
read as follows:
(1) It is unlawful for any person to possess a controlled
substance unless the substance was obtained directly from, or pursuant
to, a valid prescription or order of a practitioner while acting in
the course of his or her professional practice, or except as otherwise
authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, any person who violates
this section is guilty of a class C felony punishable under chapter
9A.20 RCW.
(3) The possession, by a person twenty-one years of age or older, of
useable marijuana or marijuana-infused products in amounts that do not
exceed those set forth in section 15(3) of this act is not a violation
of this section, this chapter, or any other provision of Washington
state law.
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NEW SECTION. Sec. 21. It is unlawful to open a package
containing marijuana, useable marijuana, or a marijuana-infused
product, or consume marijuana, useable marijuana, or a marijuana-
infused product, in view of the general public. A person who violates
this section is guilty of a class 3 civil infraction under chapter
7.80 RCW.
Sec. 22. RCW 69.50.412 and 2002 c 213 s 1 are each amended to
read as follows:
(1) It is unlawful for any person to use drug paraphernalia to
plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance other than
marijuana. Any person who violates this subsection is guilty of a
misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent
to deliver, or manufacture with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably should know, that
it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance other than marijuana. Any person who violates this
subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates
subsection (2) of this section by delivering drug paraphernalia to a
person under eighteen years of age who is at least three years his
junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, knowing,
or under circumstances where one reasonably should know, that the
purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia.
Any person who violates this subsection is guilty of a misdemeanor.
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(5) It is lawful for any person over the age of eighteen to
possess sterile hypodermic syringes and needles for the purpose of
reducing bloodborne diseases.
Sec. 23. RCW 69.50.4121 and 2002 c 213 s 2 are each amended to
read as follows:
(1) Every person who sells or gives, or permits to be sold or
given to any person any drug paraphernalia in any form commits a class
I civil infraction under chapter 7.80 RCW. For purposes of this
subsection, "drug paraphernalia" means all equipment, products, and
materials of any kind which are used, intended for use, or designed
for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance other than
marijuana. Drug paraphernalia includes, but is not limited to objects
used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing ((marihuana,)) cocaine((, hashish, or hashish
oil)) into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or
punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) ((Roach clips: Meaning objects used to hold burning material,
such as a marihuana cigarette, that has become too small or too short
to be held in the hand;
(f))) Miniature cocaine spoons and cocaine vials;
(((g))) (f) Chamber pipes;
(((h))) (g) Carburetor pipes;
(((i))) (h) Electric pipes;
(((j))) (i) Air-driven pipes;
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(((k) Chillums;
(l) Bongs;)) and
(((m))) (j) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation of
this section that the person acted, or was believed by the defendant
to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits legal
distribution of injection syringe equipment through public health and
community based HIV prevention programs, and pharmacies.
Sec. 24. RCW 69.50.500 and 1989 1st ex.s. c 9 s 437 are each
amended to read as follows:
(a) It is hereby made the duty of the state board of pharmacy, the
department, the state liquor control board, and their officers,
agents, inspectors and representatives, and all law enforcement
officers within the state, and of all prosecuting attorneys, to
enforce all provisions of this chapter, except those specifically
delegated, and to cooperate with all agencies charged with the
enforcement of the laws of the United States, of this state, and all
other states, relating to controlled substances as defined in this
chapter.
(b) Employees of the department of health, who are so designated
by the board as enforcement officers are declared to be peace officers
and shall be vested with police powers to enforce the drug laws of
this state, including this chapter.
Sec. 25. RCW 69.50.505 and 2009 c 479 s 46 and 2009 c 364 s 1 are
each reenacted and amended to read as follows:
(1) The following are subject to seizure and forfeiture and no
property right exists in them:
(a) All controlled substances which have been manufactured,
distributed, dispensed, acquired, or possessed in violation of this
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as
defined in RCW 64.44.010, used or intended to be used in the
manufacture of controlled substances;
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(b) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a
container for property described in (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels,
which are used, or intended for use, in any manner to facilitate the
sale, delivery, or receipt of property described in (a) or (b) of this
subsection, except that:
(i) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation
of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by
reason of any act or omission established by the owner thereof to have
been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if
used in the receipt of only an amount of marijuana for which
possession constitutes a misdemeanor under RCW 69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the act or
omission; and
(v) When the owner of a conveyance has been arrested under this
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
person is arrested may not be subject to forfeiture unless it is
seized or process is issued for its seizure within ten days of the
owner's arrest;
(e) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this chapter or chapter 69.41 or
69.52 RCW;
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(f) All drug paraphernalia21 other than paraphernalia possessed,
sold, or used solely to facilitate marijuana-related activities that
are not violations of this chapter;
(g) All moneys, negotiable instruments, securities, or other
tangible or intangible property of value furnished or intended to be
furnished by any person in exchange for a controlled substance in
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
or intangible personal property, proceeds, or assets acquired in whole
or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
and all moneys, negotiable instruments, and securities used or
intended to be used to facilitate any violation of this chapter or
chapter 69.41 or 69.52 RCW. A forfeiture of money, negotiable
instruments, securities, or other tangible or intangible property
encumbered by a bona fide security interest is subject to the interest
of the secured party if, at the time the security interest was
created, the secured party neither had knowledge of nor consented to
the act or omission. No personal property may be forfeited under this
subsection (1)(g), to the extent of the interest of an owner, by
reason of any act or omission which that owner establishes was
committed or omitted without the owner's knowledge or consent; and
(h) All real property, including any right, title, and interest in
the whole of any lot or tract of land, and any appurtenances or
improvements which are being used with the knowledge of the owner for
the manufacturing, compounding, processing, delivery, importing, or
exporting of any controlled substance, or which have been acquired in
whole or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
if such activity is not less than a class C felony and a substantial
nexus exists between the commercial production or sale of the
controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection
(1)(h), to the extent of the interest of an owner, by reason of any
act or omission committed or omitted without the owner's knowledge or
consent;
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(ii) The bona fide gift of a controlled substance, legend drug, or
imitation controlled substance shall not result in the forfeiture of
real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed for
commercial purposes that are unlawful under Washington state law, the
amount possessed is five or more plants or one pound or more of
marijuana, and a substantial nexus exists between the possession of
marijuana and the real property. In such a case, the intent of the
offender shall be determined by the preponderance of the evidence,
including the offender's prior criminal history, the amount of
marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, whether the offender was
licensed to produce, process, or sell marijuana, or was an employee of
a licensed producer, processor, or retailer, and other evidence which
demonstrates the offender's intent to engage in unlawful commercial
activity;
(iv) The unlawful sale of marijuana or a legend drug shall not
result in the forfeiture of real property unless the sale was forty
grams or more in the case of marijuana or one hundred dollars or more
in the case of a legend drug, and a substantial nexus exists between
the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party, at the time the security interest was created,
neither had knowledge of nor consented to the act or omission.
(2) Real or personal property subject to forfeiture under this
chapter may be seized by any board inspector or law enforcement
officer of this state upon process issued by any superior court having
jurisdiction over the property. Seizure of real property shall
include the filing of a lis pendens by the seizing agency. Real
property seized under this section shall not be transferred or
otherwise conveyed until ninety days after seizure or until a judgment
of forfeiture is entered, whichever is later: PROVIDED, That real
property seized under this section may be transferred or conveyed to
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any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal property
without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative inspection
warrant;
(b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a criminal injunction or
forfeiture proceeding based upon this chapter;
(c) A board inspector or law enforcement officer has probable
cause to believe that the property is directly or indirectly dangerous
to health or safety; or
(d) The board inspector or law enforcement officer has probable
cause to believe that the property was used or is intended to be used
in violation of this chapter.
(3) In the event of seizure pursuant to subsection (2) of this
section, proceedings for forfeiture shall be deemed commenced by the
seizure. The law enforcement agency under whose authority the seizure
was made shall cause notice to be served within fifteen days following
the seizure on the owner of the property seized and the person in
charge thereof and any person having any known right or interest
therein, including any community property interest, of the seizure and
intended forfeiture of the seized property. Service of notice of
seizure of real property shall be made according to the rules of civil
procedure. However, the state may not obtain a default judgment with
respect to real property against a party who is served by substituted
service absent an affidavit stating that a good faith effort has been
made to ascertain if the defaulted party is incarcerated within the
state, and that there is no present basis to believe that the party is
incarcerated within the state. Notice of seizure in the case of
property subject to a security interest that has been perfected by
filing a financing statement in accordance with chapter 62A.9A RCW, or
a certificate of title, shall be made by service upon the secured
party or the secured party's assignee at the address shown on the
financing statement or the certificate of title. The notice of
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seizure in other cases may be served by any method authorized by law
or court rule including but not limited to service by certified mail
with return receipt requested. Service by mail shall be deemed
complete upon mailing within the fifteen day period following the
seizure.
(4) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (1)(d), (g), or (h) of this section
within forty-five days of the service of notice from the seizing
agency in the case of personal property and ninety days in the case of
real property, the item seized shall be deemed forfeited. The
community property interest in real property of a person whose spouse
or domestic partner committed a violation giving rise to seizure of
the real property may not be forfeited if the person did not
participate in the violation.
(5) If any person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h)
of this section within forty-five days of the service of notice from
the seizing agency in the case of personal property and ninety days in
the case of real property, the person or persons shall be afforded a
reasonable opportunity to be heard as to the claim or right. The
notice of claim may be served by any method authorized by law or court
rule including, but not limited to, service by first-class mail.
Service by mail shall be deemed complete upon mailing within the
forty-five day period following service of the notice of seizure in
the case of personal property and within the ninety-day period
following service of the notice of seizure in the case of real
property. The hearing shall be before the chief law enforcement
officer of the seizing agency or the chief law enforcement officer's
designee, except where the seizing agency is a state agency as defined
in RCW 34.12.020(4), the hearing shall be before the chief law
enforcement officer of the seizing agency or an administrative law
judge appointed under chapter 34.12 RCW, except that any person
asserting a claim or right may remove the matter to a court of
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competent jurisdiction. Removal of any matter involving personal
property may only be accomplished according to the rules of civil
procedure. The person seeking removal of the matter must serve
process against the state, county, political subdivision, or
municipality that operates the seizing agency, and any other party of
interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-
five days after the person seeking removal has notified the seizing
law enforcement agency of the person's claim of ownership or right to
possession. The court to which the matter is to be removed shall be
the district court when the aggregate value of personal property is
within the jurisdictional limit set forth in RCW 3.66.020. A hearing
before the seizing agency and any appeal therefrom shall be under
Title 34 RCW. In all cases, the burden of proof is upon the law
enforcement agency to establish, by a preponderance of the evidence,
that the property is subject to forfeiture.
The seizing law enforcement agency shall promptly return the
article or articles to the claimant upon a determination by the
administrative law judge or court that the claimant is the present
lawful owner or is lawfully entitled to possession thereof of items
specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of
this section.
(6) In any proceeding to forfeit property under this title, where
the claimant substantially prevails, the claimant is entitled to
reasonable attorneys' fees reasonably incurred by the claimant. In
addition, in a court hearing between two or more claimants to the
article or articles involved, the prevailing party is entitled to a
judgment for costs and reasonable attorneys' fees.
(7) When property is forfeited under this chapter the board or
seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law
enforcement agency of this state release such property to such agency
for the exclusive use of enforcing the provisions of this chapter;
(b) Sell that which is not required to be destroyed by law and
which is not harmful to the public;
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(c) Request the appropriate sheriff or director of public safety
to take custody of the property and remove it for disposition in
accordance with law; or
(d) Forward it to the drug enforcement administration for
disposition.
(8)(a) When property is forfeited, the seizing agency shall keep a
record indicating the identity of the prior owner, if known, a
description of the property, the disposition of the property, the
value of the property at the time of seizure, and the amount of
proceeds realized from disposition of the property.
(b) Each seizing agency shall retain records of forfeited property
for at least seven years.
(c) Each seizing agency shall file a report including a copy of
the records of forfeited property with the state treasurer each
calendar quarter.
(d) The quarterly report need not include a record of forfeited
property that is still being held for use as evidence during the
investigation or prosecution of a case or during the appeal from a
conviction.
(9)(a) By January 31st of each year, each seizing agency shall
remit to the state treasurer an amount equal to ten percent of the net
proceeds of any property forfeited during the preceding calendar year.
Money remitted shall be deposited in the state general fund.
(b) The net proceeds of forfeited property is the value of the
forfeitable interest in the property after deducting the cost of
satisfying any bona fide security interest to which the property is
subject at the time of seizure; and in the case of sold property,
after deducting the cost of sale, including reasonable fees or
commissions paid to independent selling agents, and the cost of any
valid landlord's claim for damages under subsection (15) of this
section.
(c) The value of sold forfeited property is the sale price. The
value of retained forfeited property is the fair market value of the
property at the time of seizure, determined when possible by reference
to an applicable commonly used index, such as the index used by the
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department of licensing for valuation of motor vehicles. A seizing
agency may use, but need not use, an independent qualified appraiser
to determine the value of retained property. If an appraiser is used,
the value of the property appraised is net of the cost of the
appraisal. The value of destroyed property and retained firearms or
illegal property is zero.
(10) Forfeited property and net proceeds not required to be paid
to the state treasurer shall be retained by the seizing law
enforcement agency exclusively for the expansion and improvement of
controlled substances related law enforcement activity. Money
retained under this section may not be used to supplant preexisting
funding sources.
(11) Controlled substances listed in Schedule I, II, III, IV, and
V that are possessed, transferred, sold, or offered for sale in
violation of this chapter are contraband and shall be seized and
summarily forfeited to the state. Controlled substances listed in
Schedule I, II, III, IV, and V, which are seized or come into the
possession of the board, the owners of which are unknown, are
contraband and shall be summarily forfeited to the board.
(12) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this chapter, or of which the owners or
cultivators are unknown, or which are wild growths, may be seized and
summarily forfeited to the board.
(13) The failure, upon demand by a board inspector or law
enforcement officer, of the person in occupancy or in control of land
or premises upon which the species of plants are growing or being
stored to produce an appropriate registration or proof that he or she
is the holder thereof constitutes authority for the seizure and
forfeiture of the plants.
(14) Upon the entry of an order of forfeiture of real property,
the court shall forward a copy of the order to the assessor of the
county in which the property is located. Orders for the forfeiture of
real property shall be entered by the superior court, subject to court
rules. Such an order shall be filed by the seizing agency in the
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county auditor's records in the county in which the real property is
located.
(15)(a) A landlord may assert a claim against proceeds from the
sale of assets seized and forfeited under subsection (7)(b) of this
section, only if:
(((a))) (i) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord's property while executing a search of a tenant's residence;
and
(((b))) (ii) The landlord has applied any funds remaining in the
tenant's deposit, to which the landlord has a right under chapter
59.18 RCW, to cover the damage directly caused by a law enforcement
officer prior to asserting a claim under the provisions of this
section;
(((i))) (A) Only if the funds applied under (((b))) (a)(ii) of
this subsection are insufficient to satisfy the damage directly caused
by a law enforcement officer, may the landlord seek compensation for
the damage by filing a claim against the governmental entity under
whose authority the law enforcement agency operates within thirty days
after the search;
(((ii))) (B) Only if the governmental entity denies or fails to
respond to the landlord's claim within sixty days of the date of
filing, may the landlord collect damages under this subsection by
filing within thirty days of denial or the expiration of the sixty-day
period, whichever occurs first, a claim with the seizing law
enforcement agency. The seizing law enforcement agency must notify
the landlord of the status of the claim by the end of the thirty-day
period. Nothing in this section requires the claim to be paid by the
end of the sixty-day or thirty-day period.
(((c))) (b) For any claim filed under (((b))) (a)(ii) of this
subsection, the law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of
this chapter or chapter 69.41 or 69.52 RCW; or
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(ii) Failed to respond to a notification of the illegal activity,
provided by a law enforcement agency under RCW 59.18.075, within seven
days of receipt of notification of the illegal activity.
(16) The landlord's claim for damages under subsection (15) of
this section may not include a claim for loss of business and is
limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the
damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant's property
seized and forfeited under subsection (7)(b) of this section; and
(d) The proceeds available after the seizing law enforcement
agency satisfies any bona fide security interest in the tenant's
property and costs related to sale of the tenant's property as
provided by subsection (9)(b) of this section.
(17) Subsections (15) and (16) of this section do not limit any
other rights a landlord may have against a tenant to collect for
damages. However, if a law enforcement agency satisfies a landlord's
claim under subsection (15) of this section, the rights the landlord
has against the tenant for damages directly caused by a law
enforcement officer under the terms of the landlord and tenant's
contract are subrogated to the law enforcement agency.
PART IV
DEDICATED MARIJUANA FUND
NEW SECTION. Sec. 26. (1) There shall be a fund, known as the
dedicated marijuana fund, which shall consist of all marijuana excise
taxes, license fees, penalties, forfeitures, and all other moneys,
income, or revenue received by the state liquor control board from
marijuana-related activities. The state treasurer shall be custodian
of the fund.
(2) All moneys received by the state liquor control board or any
employee thereof from marijuana-related activities shall be deposited
each day in a depository approved by the state treasurer and
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transferred to the state treasurer to be credited to the dedicated
marijuana fund.
(3) Disbursements from the dedicated marijuana fund shall be on
authorization of the state liquor control board or a duly authorized
representative thereof.
NEW SECTION. Sec. 27. (1) There is levied and collected a
marijuana excise tax equal to twenty-five percent of the selling price
on each wholesale sale in this state of marijuana by a licensed
marijuana producer to a licensed marijuana processor or another
licensed marijuana producer. This tax is the obligation of the
licensed marijuana producer.
(2) There is levied and collected a marijuana excise tax equal to
twenty-five percent of the selling price on each wholesale sale in
this state of useable marijuana or marijuana-infused product by a
licensed marijuana processor to a licensed marijuana retailer. This
tax is the obligation of the licensed marijuana processor.
(3) There is levied and collected a marijuana excise tax equal to
twenty-five percent of the selling price on each retail sale in this
state of useable marijuana and marijuana-infused products. This tax
is the obligation of the licensed marijuana retailer, is separate and
in addition to general state and local sales and use taxes that apply
to retail sales of tangible personal property, and is part of the
total retail price to which general state and local sales and use
taxes apply.
(4) All revenues collected from the marijuana excise taxes imposed
under subsections (1) through (3) of this section shall be deposited
each day in a depository approved by the state treasurer and
transferred to the state treasurer to be credited to the dedicated
marijuana fund.
(5) The state liquor control board shall regularly review the tax
levels established under this section and make recommendations to the
legislature as appropriate regarding adjustments that would further
the goal of discouraging use while undercutting illegal market prices.
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NEW SECTION. Sec. 28. All marijuana excise taxes collected from
sales of marijuana, useable marijuana, and marijuana-infused products
under section 27 of this act, and the license fees, penalties, and
forfeitures derived under this act from marijuana producer, marijuana
processor, and marijuana retailer licenses shall every three months be
disbursed by the state liquor control board as follows:
(1) One hundred twenty-five thousand dollars to the department of
social and health services to design and administer the Washington
state healthy youth survey, analyze the collected data, and produce
reports, in collaboration with the office of the superintendent of
public instruction, department of health, department of commerce,
family policy council, and state liquor control board. The survey
shall be conducted at least every two years and include questions
regarding, but not necessarily limited to, academic achievement, age
at time of substance use initiation, antisocial behavior of friends,
attitudes toward antisocial behavior, attitudes toward substance use,
laws and community norms regarding antisocial behavior, family
conflict, family management, parental attitudes toward substance use,
peer rewarding of antisocial behavior, perceived risk of substance
use, and rebelliousness. Funds disbursed under this subsection may be
used to expand administration of the healthy youth survey to student
populations attending institutions of higher education in Washington;
(2) Fifty thousand dollars to the department of social and health
services for the purpose of contracting with the Washington state
institute for public policy to conduct the cost-benefit evaluation and
produce the reports described in section 30 of this act. This
appropriation shall end after production of the final report required
by section 30 of this act;
(3) Five thousand dollars to the University of Washington alcohol
and drug abuse institute for the creation, maintenance, and timely
updating of web-based public education materials providing medically
and scientifically accurate information about the health and safety
risks posed by marijuana use;
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(4) An amount not exceeding one million two hundred fifty thousand
dollars to the state liquor control board as is necessary for
administration of this act;
(5) Of the funds remaining after the disbursements identified in
subsections (1) through (4) of this section:
(a) Fifteen percent to the department of social and health
services division of behavioral health and recovery for implementation
and maintenance of programs and practices aimed at the prevention or
reduction of maladaptive substance use, substance-use disorder,
substance abuse or substance dependence, as these terms are defined in
the Diagnostic and Statistical Manual of Mental Disorders, among
middle school and high school age students, whether as an explicit
goal of a given program or practice or as a consistently corresponding
effect of its implementation; PROVIDED, That:
(i) Of the funds disbursed under (a) of this subsection, at least
eighty-five percent must be directed to evidence-based and cost-
beneficial programs and practices that produce objectively measurable
results; and
(ii) Up to fifteen percent of the funds disbursed under (a) of
this subsection may be directed to research-based and emerging best
practices or promising practices.
In deciding which programs and practices to fund, the secretary of
the department of social and health services shall consult, at least
annually, with the University of Washington's social development
research group and the University of Washington's alcohol and drug
abuse institute;
(b) Ten percent to the department of health for the creation,
implementation, operation, and management of a marijuana education and
public health program that contains the following:
(i) A marijuana use public health hotline that provides referrals
to substance abuse treatment providers, utilizes evidence-based or
research-based public health approaches to minimizing the harms
associated with marijuana use, and does not solely advocate an
abstinence-only approach;
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(ii) A grants program for local health departments or other local
community agencies that supports development and implementation of
coordinated intervention strategies for the prevention and reduction
of marijuana use by youth; and
(iii) Media-based education campaigns across television, internet,
radio, print, and out-of-home advertising, separately targeting youth
and adults, that provide medically and scientifically accurate
information about the health and safety risks posed by marijuana use;
(c) Six-tenths of one percent to the University of Washington and
four-tenths of one percent to Washington State University for research
on the short and long-term effects of marijuana use, to include but
not be limited to formal and informal methods for estimating and
measuring intoxication and impairment, and for the dissemination of
such research;
(d) Fifty percent to the state basic health plan trust account to
be administered by the Washington basic health plan administrator and
used as provided under chapter 70.47 RCW;
(e) Five percent to the Washington state health care authority to
be expended exclusively through contracts with community health
centers to provide primary health and dental care services, migrant
health services, and maternity health care services as provided under
RCW 41.05.220;
(f) Three-tenths of one percent to the office of the
superintendent of public instruction to fund grants to building
bridges programs under chapter 28A.175 RCW; and
(g) The remainder to the general fund.
NEW SECTION. Sec. 29. The department of social and health
services and the department of health shall, by December 1, 2013,
adopt rules not inconsistent with the spirit of this act as are deemed
necessary or advisable to carry into effect the provisions of section
28 of this act.
NEW SECTION. Sec. 30. (1) The Washington state institute for
public policy shall conduct cost-benefit evaluations of the
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implementation of this act. A preliminary report, and recommendations
to appropriate committees of the legislature, shall be made by
September 1, 2015, and the first final report with recommendations by
September 1, 2017. Subsequent reports shall be due September 1, 2022,
and September 1, 2032.
(2) The evaluation of the implementation of this act shall
include, but not necessarily be limited to, consideration of the
following factors:
(a) Public health, to include but not be limited to:
(i) Health costs associated with marijuana use;
(ii) Health costs associated with criminal prohibition of
marijuana, including lack of product safety or quality control
regulations and the relegation of marijuana to the same illegal market
as potentially more dangerous substances; and
(iii) The impact of increased investment in the research,
evaluation, education, prevention and intervention programs,
practices, and campaigns identified in section 16 of this act on rates
of marijuana-related maladaptive substance use and diagnosis of
marijuana-related substance-use disorder, substance abuse, or
substance dependence, as these terms are defined in the Diagnostic and
Statistical Manual of Mental Disorders;
(b) Public safety, to include but not be limited to:
(i) Public safety issues relating to marijuana use; and
(ii) Public safety issues relating to criminal prohibition of
marijuana;
(c) Youth and adult rates of the following:
(i) Marijuana use;
(ii) Maladaptive use of marijuana; and
(iii) Diagnosis of marijuana-related substance-use disorder,
substance abuse, or substance dependence, including primary,
secondary, and tertiary choices of substance;
(d) Economic impacts in the private and public sectors, including
but not limited to:
(i) Jobs creation;
(ii) Workplace safety;
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(iii) Revenues; and
(iv) Taxes generated for state and local budgets;
(e) Criminal justice impacts, to include but not be limited to:
(i) Use of public resources like law enforcement officers and
equipment, prosecuting attorneys and public defenders, judges and
court staff, the Washington state patrol crime lab and identification
and criminal history section, jails and prisons, and misdemeanant and
felon supervision officers to enforce state criminal laws regarding
marijuana; and
(ii) Short and long-term consequences of involvement in the
criminal justice system for persons accused of crimes relating to
marijuana, their families, and their communities; and
(f) State and local agency administrative costs and revenues.
PART V
DRIVING UNDER THE INFLUENCE OF MARIJUANA
Sec. 31. RCW 46.20.308 and 2008 c 282 s 2 are each amended to
read as follows:
(1) Any person who operates a motor vehicle within this state is
deemed to have given consent, subject to the provisions of RCW
46.61.506, to a test or tests of his or her breath or blood for the
purpose of determining the alcohol concentration, THC concentration,
or presence of any drug in his or her breath or blood if arrested for
any offense where, at the time of the arrest, the arresting officer
has reasonable grounds to believe the person had been driving or was
in actual physical control of a motor vehicle while under the
influence of intoxicating liquor or any drug or was in violation of
RCW 46.61.503. Neither consent nor this section precludes a police
officer from obtaining a search warrant for a person's breath or
blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable grounds to
believe the person to have been driving or in actual physical control
of a motor vehicle within this state while under the influence of
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intoxicating liquor or any drug or the person to have been driving or
in actual physical control of a motor vehicle while having alcohol or
THC in a concentration in violation of RCW 46.61.503 in his or her
system and being under the age of twenty-one. However, in those
instances where the person is incapable due to physical injury,
physical incapacity, or other physical limitation, of providing a
breath sample or where the person is being treated in a hospital,
clinic, doctor's office, emergency medical vehicle, ambulance, or
other similar facility or where the officer has reasonable grounds to
believe that the person is under the influence of a drug, a blood test
shall be administered by a qualified person as provided in RCW
46.61.506(5). The officer shall inform the person of his or her right
to refuse the breath or blood test, and of his or her right to have
additional tests administered by any qualified person of his or her
choosing as provided in RCW 46.61.506. The officer shall warn the
driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's license,
permit, or privilege to drive will be revoked or denied for at least
one year; and
(b) If the driver refuses to take the test, the driver's refusal
to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is
administered, the driver's license, permit, or privilege to drive will
be suspended, revoked, or denied for at least ninety days if:
(i) The driver is age twenty-one or over and the test indicates
either that the alcohol concentration of the driver's breath or blood
is 0.08 or more((,)) or that the THC concentration of the driver's
blood is 5.00 or more; or ((if))
(ii) The driver is under age twenty-one and the test indicates either
that the alcohol concentration of the driver's breath or blood is 0.02
or more((,)) or that the THC concentration of the driver's blood is
above 0.00; or ((if))
(iii) The driver is under age twenty-one and the driver is in
violation of RCW 46.61.502 or 46.61.504; and
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(d) If the driver's license, permit, or privilege to drive is
suspended, revoked, or denied the driver may be eligible to
immediately apply for an ignition interlock driver's license.
(3) Except as provided in this section, the test administered
shall be of the breath only. If an individual is unconscious or is
under arrest for the crime of vehicular homicide as provided in RCW
46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an
individual is under arrest for the crime of driving while under the
influence of intoxicating liquor or drugs as provided in RCW
46.61.502, which arrest results from an accident in which there has
been serious bodily injury to another person, a breath or blood test
may be administered without the consent of the individual so arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a
condition rendering him or her incapable of refusal, shall be deemed
not to have withdrawn the consent provided by subsection (1) of this
section and the test or tests may be administered, subject to the
provisions of RCW 46.61.506, and the person shall be deemed to have
received the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under
subsection (2) of this section, the person arrested refuses upon the
request of a law enforcement officer to submit to a test or tests of
his or her breath or blood, no test shall be given except as
authorized under subsection (3) or (4) of this section.
(6) If, after arrest and after the other applicable conditions and
requirements of this section have been satisfied, a test or tests of
the person's blood or breath is administered and the test results
indicate that the alcohol concentration of the person's breath or
blood is 0.08 or more, or the THC concentration of the person's blood
is 5.00 or more, if the person is age twenty-one or over, or that the
alcohol concentration of the person's breath or blood is 0.02 or more,
or the THC concentration of the person's blood is above 0.00, if the
person is under the age of twenty-one, or the person refuses to submit
to a test, the arresting officer or other law enforcement officer at
whose direction any test has been given, or the department, where
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applicable, if the arrest results in a test of the person's blood,
shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the person's
license, permit, or privilege to drive as required by subsection (7)
of this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the steps he
or she must take to obtain a hearing as provided by subsection (8) of
this section and that the person waives the right to a hearing if he
or she receives an ignition interlock driver's license;
(c) Mark the person's Washington state driver's license or permit
to drive, if any, in a manner authorized by the department;
(d) Serve notice in writing that the marked license or permit, if
any, is a temporary license that is valid for sixty days from the date
of arrest or from the date notice has been given in the event notice
is given by the department following a blood test, or until the
suspension, revocation, or denial of the person's license, permit, or
privilege to drive is sustained at a hearing pursuant to subsection
(8) of this section, whichever occurs first. No temporary license is
valid to any greater degree than the license or permit that it
replaces; and
(e) Immediately notify the department of the arrest and transmit
to the department within seventy-two hours, except as delayed as the
result of a blood test, a sworn report or report under a declaration
authorized by RCW 9A.72.085 that states:
(i) That the officer had reasonable grounds to believe the
arrested person had been driving or was in actual physical control of
a motor vehicle within this state while under the influence of
intoxicating liquor or drugs, or both, or was under the age of twenty-
one years and had been driving or was in actual physical control of a
motor vehicle while having an alcohol or THC concentration in
violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2)
of this section the person refused to submit to a test of his or her
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blood or breath, or a test was administered and the results indicated
that the alcohol concentration of the person's breath or blood was
0.08 or more, or the THC concentration of the person's blood was 5.00
or more, if the person is age twenty-one or over, or that the alcohol
concentration of the person's breath or blood was 0.02 or more, or the
THC concentration of the person's blood was above 0.00, if the person
is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(7) The department of licensing, upon the receipt of a sworn
report or report under a declaration authorized by RCW 9A.72.085 under
subsection (6)(e) of this section, shall suspend, revoke, or deny the
person's license, permit, or privilege to drive or any nonresident
operating privilege, as provided in RCW 46.20.3101, such suspension,
revocation, or denial to be effective beginning sixty days from the
date of arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or when
sustained at a hearing pursuant to subsection (8) of this section,
whichever occurs first.
(8) A person receiving notification under subsection (6)(b) of
this section may, within twenty days after the notice has been given,
request in writing a formal hearing before the department. The person
shall pay a fee of two hundred dollars as part of the request. If the
request is mailed, it must be postmarked within twenty days after
receipt of the notification. Upon timely receipt of such a request
for a formal hearing, including receipt of the required two hundred
dollar fee, the department shall afford the person an opportunity for
a hearing. The department may waive the required two hundred dollar
fee if the person is an indigent as defined in RCW 10.101.010. Except
as otherwise provided in this section, the hearing is subject to and
shall be scheduled and conducted in accordance with RCW 46.20.329 and
46.20.332. The hearing shall be conducted in the county of the
arrest, except that all or part of the hearing may, at the discretion
of the department, be conducted by telephone or other electronic
means. The hearing shall be held within sixty days following the
arrest or following the date notice has been given in the event notice
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is given by the department following a blood test, unless otherwise
agreed to by the department and the person, in which case the action
by the department shall be stayed, and any valid temporary license
marked under subsection (6)(c) of this section extended, if the person
is otherwise eligible for licensing. For the purposes of this
section, the scope of the hearing shall cover the issues of whether a
law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor vehicle
within this state while under the influence of intoxicating liquor or
any drug or had been driving or was in actual physical control of a
motor vehicle within this state while having alcohol in his or her
system in a concentration of 0.02 or more, or THC in his or her system
in a concentration above 0.00, if the person was under the age of
twenty-one, whether the person was placed under arrest, and (a)
whether the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal would
result in the revocation of the person's license, permit, or privilege
to drive, or (b) if a test or tests were administered, whether the
applicable requirements of this section were satisfied before the
administration of the test or tests, whether the person submitted to
the test or tests, or whether a test was administered without express
consent as permitted under this section, and whether the test or tests
indicated that the alcohol concentration of the person's breath or
blood was 0.08 or more, or the THC concentration of the person's blood
was 5.00 or more, if the person was age twenty-one or over at the time
of the arrest, or that the alcohol concentration of the person's
breath or blood was 0.02 or more, or the THC concentration of the
person's blood was above 0.00, if the person was under the age of
twenty-one at the time of the arrest. The sworn report or report
under a declaration authorized by RCW 9A.72.085 submitted by a law
enforcement officer is prima facie evidence that the officer had
reasonable grounds to believe the person had been driving or was in
actual physical control of a motor vehicle within this state while
under the influence of intoxicating liquor or drugs, or both, or the
person had been driving or was in actual physical control of a motor
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vehicle within this state while having alcohol in his or her system in
a concentration of 0.02 or more, or THC in his or her system in a
concentration above 0.00, and was under the age of twenty-one and that
the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas
for the attendance of witnesses and the production of documents, and
shall administer oaths to witnesses. The hearing officer shall not
issue a subpoena for the attendance of a witness at the request of the
person unless the request is accompanied by the fee required by RCW
5.56.010 for a witness in district court. The sworn report or report
under a declaration authorized by RCW 9A.72.085 of the law enforcement
officer and any other evidence accompanying the report shall be
admissible without further evidentiary foundation and the
certifications authorized by the criminal rules for courts of limited
jurisdiction shall be admissible without further evidentiary
foundation. The person may be represented by counsel, may question
witnesses, may present evidence, and may testify. The department
shall order that the suspension, revocation, or denial either be
rescinded or sustained.
(9) If the suspension, revocation, or denial is sustained after
such a hearing, the person whose license, privilege, or permit is
suspended, revoked, or denied has the right to file a petition in the
superior court of the county of arrest to review the final order of
revocation by the department in the same manner as an appeal from a
decision of a court of limited jurisdiction. Notice of appeal must be
filed within thirty days after the date the final order is served or
the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ
1.1, or other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with obtaining
the record of the hearing before the hearing officer. The filing of
the appeal does not stay the effective date of the suspension,
revocation, or denial. A petition filed under this subsection must
include the petitioner's grounds for requesting review. Upon granting
petitioner's request for review, the court shall review the
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department's final order of suspension, revocation, or denial as
expeditiously as possible. The review must be limited to a
determination of whether the department has committed any errors of
law. The superior court shall accept those factual determinations
supported by substantial evidence in the record: (a) That were
expressly made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior court
may reverse, affirm, or modify the decision of the department or
remand the case back to the department for further proceedings. The
decision of the superior court must be in writing and filed in the
clerk's office with the other papers in the case. The court shall
state the reasons for the decision. If judicial relief is sought for
a stay or other temporary remedy from the department's action, the
court shall not grant such relief unless the court finds that the
appellant is likely to prevail in the appeal and that without a stay
the appellant will suffer irreparable injury. If the court stays the
suspension, revocation, or denial it may impose conditions on such
stay.
(10)(a) If a person whose driver's license, permit, or privilege
to drive has been or will be suspended, revoked, or denied under
subsection (7) of this section, other than as a result of a breath or
blood test refusal, and who has not committed an offense for which he
or she was granted a deferred prosecution under chapter 10.05 RCW,
petitions a court for a deferred prosecution on criminal charges
arising out of the arrest for which action has been or will be taken
under subsection (7) of this section, or notifies the department of
licensing of the intent to seek such a deferred prosecution, then the
license suspension or revocation shall be stayed pending entry of the
deferred prosecution. The stay shall not be longer than one hundred
fifty days after the date charges are filed, or two years after the
date of the arrest, whichever time period is shorter. If the court
stays the suspension, revocation, or denial, it may impose conditions
on such stay. If the person is otherwise eligible for licensing, the
department shall issue a temporary license, or extend any valid
temporary license marked under subsection (6) of this section, for the
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period of the stay. If a deferred prosecution treatment plan is not
recommended in the report made under RCW 10.05.050, or if treatment is
rejected by the court, or if the person declines to accept an offered
treatment plan, or if the person violates any condition imposed by the
court, then the court shall immediately direct the department to
cancel the stay and any temporary marked license or extension of a
temporary license issued under this subsection.
(b) A suspension, revocation, or denial imposed under this
section, other than as a result of a breath or blood test refusal,
shall be stayed if the person is accepted for deferred prosecution as
provided in chapter 10.05 RCW for the incident upon which the
suspension, revocation, or denial is based. If the deferred
prosecution is terminated, the stay shall be lifted and the
suspension, revocation, or denial reinstated. If the deferred
prosecution is completed, the stay shall be lifted and the suspension,
revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a stay of
a suspension, revocation, or denial and the cancellation of any
suspension, revocation, or denial do not apply to the suspension,
revocation, denial, or disqualification of a person's commercial
driver's license or privilege to operate a commercial motor vehicle.
(11) When it has been finally determined under the procedures of
this section that a nonresident's privilege to operate a motor vehicle
in this state has been suspended, revoked, or denied, the department
shall give information in writing of the action taken to the motor
vehicle administrator of the state of the person's residence and of
any state in which he or she has a license.
Sec. 32. RCW 46.20.3101 and 2004 c 95 s 4 and 2004 c 68 s 3 are
each reenacted and amended to read as follows:
Pursuant to RCW 46.20.308, the department shall suspend, revoke,
or deny the arrested person's license, permit, or privilege to drive
as follows:
(1) In the case of a person who has refused a test or tests:
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(a) For a first refusal within seven years, where there has not
been a previous incident within seven years that resulted in
administrative action under this section, revocation or denial for one
year;
(b) For a second or subsequent refusal within seven years, or for
a first refusal where there has been one or more previous incidents
within seven years that have resulted in administrative action under
this section, revocation or denial for two years or until the person
reaches age twenty-one, whichever is longer.
(2) In the case of an incident where a person has submitted to or
been administered a test or tests indicating that the alcohol
concentration of the person's breath or blood was 0.08 or more, or
that the THC concentration of the person's blood was 5.00 or more:
(a) For a first incident within seven years, where there has not
been a previous incident within seven years that resulted in
administrative action under this section, suspension for ninety days;
(b) For a second or subsequent incident within seven years,
revocation or denial for two years.
(3) In the case of an incident where a person under age twenty-one
has submitted to or been administered a test or tests indicating that
the alcohol concentration of the person's breath or blood was 0.02 or
more, or that the THC concentration of the person's blood was above
0.00:
(a) For a first incident within seven years, suspension or denial
for ninety days;
(b) For a second or subsequent incident within seven years,
revocation or denial for one year or until the person reaches age
twenty-one, whichever is longer.
(4) The department shall grant credit on a day-for-day basis for
any portion of a suspension, revocation, or denial already served
under this section for a suspension, revocation, or denial imposed
under RCW 46.61.5055 arising out of the same incident.
Sec. 33. RCW 46.61.502 and 2011 c 293 s 2 are each amended to
read as follows:
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(1) A person is guilty of driving while under the influence of
intoxicating liquor, marijuana, or any drug if the person drives a
vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol
concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC
concentration of 5.00 or higher as shown by analysis of the person's
blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by
intoxicating liquor, marijuana, or any drug; or
(((c))) (d) While the person is under the combined influence of or
affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this
section is or has been entitled to use a drug under the laws of this
state shall not constitute a defense against a charge of violating
this section.
(3)(a) It is an affirmative defense to a violation of subsection
(1)(a) of this section, which the defendant must prove by a
preponderance of the evidence, that the defendant consumed a
sufficient quantity of alcohol after the time of driving and before
the administration of an analysis of the person's breath or blood to
cause the defendant's alcohol concentration to be 0.08 or more within
two hours after driving. The court shall not admit evidence of this
defense unless the defendant notifies the prosecution prior to the
omnibus or pretrial hearing in the case of the defendant's intent to
assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b)
of this section, which the defendant must prove by a preponderance of
the evidence, that the defendant consumed a sufficient quantity of
marijuana after the time of driving and before the administration of
an analysis of the person's blood to cause the defendant's THC
concentration to be 5.00 or more within two hours after driving. The
court shall not admit evidence of this defense unless the defendant
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notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two
hours after the alleged driving may be used as evidence that within
two hours of the alleged driving, a person had an alcohol
concentration of 0.08 or more in violation of subsection (1)(a) of
this section, and in any case in which the analysis shows an alcohol
concentration above 0.00 may be used as evidence that a person was
under the influence of or affected by intoxicating liquor or any drug
in violation of subsection (1)(((b) or)) (c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the
alleged driving may be used as evidence that within two hours of the
alleged driving, a person had a THC concentration of 5.00 or more in
violation of subsection (1)(b) of this section, and in any case in
which the analysis shows a THC concentration above 0.00 may be used as
evidence that a person was under the influence of or affected by
marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has four or more prior offenses within ten years as
defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating
liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating
liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified
in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
Sec. 34. RCW 46.61.503 and 1998 c 213 s 4, 1998 c 207 s 5, and
1998 c 41 s 8 are each reenacted and amended to read as follows:
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(1) Notwithstanding any other provision of this title, a person is
guilty of driving or being in physical control of a motor vehicle
after consuming alcohol or marijuana if the person operates or is in
physical control of a motor vehicle within this state and the person:
(a) Is under the age of twenty-one; and
(b) Has, within two hours after operating or being in physical
control of the motor vehicle, either:
(i) An alcohol concentration of at least 0.02 but less than the
concentration specified in RCW 46.61.502, as shown by analysis of the
person's breath or blood made under RCW 46.61.506; or
(ii) A THC concentration above 0.00 but less than the
concentration specified in RCW 46.61.502, as shown by analysis of the
person's blood made under RCW 46.61.506.
(2) It is an affirmative defense to a violation of subsection (1)
of this section, which the defendant must prove by a preponderance of
the evidence, that the defendant consumed a sufficient quantity of
alcohol or marijuana after the time of driving or being in physical
control and before the administration of an analysis of the person's
breath or blood to cause the defendant's alcohol or THC concentration
to be in violation of subsection (1) of this section within two hours
after driving or being in physical control. The court shall not admit
evidence of this defense unless the defendant notifies the prosecution
prior to the earlier of: (a) Seven days prior to trial; or (b) the
omnibus or pretrial hearing in the case of the defendant's intent to
assert the affirmative defense.
(3) Analyses of blood or breath samples obtained more than two
hours after the alleged driving or being in physical control may be
used as evidence that within two hours of the alleged driving or being
in physical control, a person had an alcohol or THC concentration in
violation of subsection (1) of this section.
(4) A violation of this section is a misdemeanor.
Sec. 35. RCW 46.61.504 and 2011 c 293 s 3 are each amended to
read as follows:
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(1) A person is guilty of being in actual physical control of a
motor vehicle while under the influence of intoxicating liquor or any
drug if the person has actual physical control of a vehicle within
this state:
(a) And the person has, within two hours after being in actual
physical control of the vehicle, an alcohol concentration of 0.08 or
higher as shown by analysis of the person's breath or blood made under
RCW 46.61.506; or
(b) The person has, within two hours after being in actual
physical control of a vehicle, a THC concentration of 5.00 or higher
as shown by analysis of the person's blood made under RCW 46.61.506;
or
(c) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(((c))) (d) While the person is under the combined influence of or
affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this
section is or has been entitled to use a drug under the laws of this
state does not constitute a defense against any charge of violating
this section. No person may be convicted under this section if, prior
to being pursued by a law enforcement officer, the person has moved
the vehicle safely off the roadway.
(3)(a) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of being in actual physical control
of the vehicle and before the administration of an analysis of the
person's breath or blood to cause the defendant's alcohol
concentration to be 0.08 or more within two hours after being in such
control. The court shall not admit evidence of this defense unless
the defendant notifies the prosecution prior to the omnibus or
pretrial hearing in the case of the defendant's intent to assert the
affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b)
of this section, which the defendant must prove by a preponderance of
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the evidence, that the defendant consumed a sufficient quantity of
marijuana after the time of being in actual physical control of the
vehicle and before the administration of an analysis of the person's
blood to cause the defendant's THC concentration to be 5.00 or more
within two hours after being in control of the vehicle. The court
shall not admit evidence of this defense unless the defendant notifies
the prosecution prior to the omnibus or pretrial hearing in the case
of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two
hours after the alleged being in actual physical control of a vehicle
may be used as evidence that within two hours of the alleged being in
such control, a person had an alcohol concentration of 0.08 or more in
violation of subsection (1)(a) of this section, and in any case in
which the analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or affected
by intoxicating liquor or any drug in violation of subsection (1)(((b)
or)) (c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the
alleged being in actual physical control of a vehicle may be used as
evidence that within two hours of the alleged being in control of the
vehicle, a person had a THC concentration of 5.00 or more in violation
of subsection (1)(b) of this section, and in any case in which the
analysis shows a THC concentration above 0.00 may be used as evidence
that a person was under the influence of or affected by marijuana in
violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has four or more prior offenses within ten years as
defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating
liquor or any drug, RCW 46.61.520(1)(a);
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(ii) Vehicular assault while under the influence of intoxicating
liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified
in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.502(6).
Sec. 36. RCW 46.61.50571 and 2000 c 52 s 1 are each amended to
read as follows:
(1) A defendant who is charged with an offense involving driving
while under the influence as defined in RCW 46.61.502, driving under
age twenty-one after consuming alcohol or marijuana as defined in RCW
46.61.503, or being in physical control of a vehicle while under the
influence as defined in RCW 46.61.504, shall be required to appear in
person before a judicial officer within one judicial day after the
arrest if the defendant is served with a citation or complaint at the
time of the arrest. A court may by local court rule waive the
requirement for appearance within one judicial day if it provides for
the appearance at the earliest practicable day following arrest and
establishes the method for identifying that day in the rule.
(2) A defendant who is charged with an offense involving driving
while under the influence as defined in RCW 46.61.502, driving under
age twenty-one after consuming alcohol or marijuana as defined in RCW
46.61.503, or being in physical control of a vehicle while under the
influence as defined in RCW 46.61.504, and who is not served with a
citation or complaint at the time of the incident, shall appear in
court for arraignment in person as soon as practicable, but in no
event later than fourteen days after the next day on which court is in
session following the issuance of the citation or the filing of the
complaint or information.
(3) At the time of an appearance required by this section, the
court shall determine the necessity of imposing conditions of pretrial
release according to the procedures established by court rule for a
preliminary appearance or an arraignment.
(4) Appearances required by this section are mandatory and may not
be waived.
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Sec. 37. RCW 46.61.506 and 2010 c 53 s 1 are each amended to read
as follows:
(1) Upon the trial of any civil or criminal action or proceeding
arising out of acts alleged to have been committed by any person while
driving or in actual physical control of a vehicle while under the
influence of intoxicating liquor or any drug, if the person's alcohol
concentration is less than 0.08 or the person's THC concentration is
less than 5.00, it is evidence that may be considered with other
competent evidence in determining whether the person was under the
influence of intoxicating liquor or any drug.
(2)(a) The breath analysis of the person's alcohol concentration
shall be based upon grams of alcohol per two hundred ten liters of
breath.
(b) The blood analysis of the person's THC concentration shall be
based upon nanograms per milliliter of whole blood.
(c) The foregoing provisions of this section shall not be
construed as limiting the introduction of any other competent evidence
bearing upon the question whether the person was under the influence
of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered
valid under the provisions of this section or RCW 46.61.502 or
46.61.504 shall have been performed according to methods approved by
the state toxicologist and by an individual possessing a valid permit
issued by the state toxicologist for this purpose. The state
toxicologist is directed to approve satisfactory techniques or
methods, to supervise the examination of individuals to ascertain
their qualifications and competence to conduct such analyses, and to
issue permits which shall be subject to termination or revocation at
the discretion of the state toxicologist.
(4)(a) A breath test performed by any instrument approved by the
state toxicologist shall be admissible at trial or in an
administrative proceeding if the prosecution or department produces
prima facie evidence of the following:
(i) The person who performed the test was authorized to perform
such test by the state toxicologist;
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(ii) The person being tested did not vomit or have anything to
eat, drink, or smoke for at least fifteen minutes prior to
administration of the test;
(iii) The person being tested did not have any foreign substances,
not to include dental work, fixed or removable, in his or her mouth at
the beginning of the fifteen-minute observation period;
(iv) Prior to the start of the test, the temperature of any liquid
simulator solution utilized as an external standard, as measured by a
thermometer approved of by the state toxicologist was thirty-four
degrees centigrade plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message "verified";
(vi) The two breath samples agree to within plus or minus ten
percent of their mean to be determined by the method approved by the
state toxicologist;
(vii) The result of the test of the liquid simulator solution
external standard or dry gas external standard result did lie between
.072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence" is
evidence of sufficient circumstances that would support a logical and
reasonable inference of the facts sought to be proved. In assessing
whether there is sufficient evidence of the foundational facts, the
court or administrative tribunal is to assume the truth of the
prosecution's or department's evidence and all reasonable inferences
from it in a light most favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the subject
of the test from challenging the reliability or accuracy of the test,
the reliability or functioning of the instrument, or any maintenance
procedures. Such challenges, however, shall not preclude the
admissibility of the test once the prosecution or department has made
a prima facie showing of the requirements contained in (a) of this
subsection. Instead, such challenges may be considered by the trier
of fact in determining what weight to give to the test result.
(5) When a blood test is administered under the provisions of RCW
46.20.308, the withdrawal of blood for the purpose of determining its
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alcoholic or drug content may be performed only by a physician, a
registered nurse, a licensed practical nurse, a nursing assistant as
defined in chapter 18.88A RCW, a physician assistant as defined in
chapter 18.71A RCW, a first responder as defined in chapter 18.73 RCW,
an emergency medical technician as defined in chapter 18.73 RCW, a
health care assistant as defined in chapter 18.135 RCW, or any
technician trained in withdrawing blood. This limitation shall not
apply to the taking of breath specimens.
(6) The person tested may have a physician, or a qualified
technician, chemist, registered nurse, or other qualified person of
his or her own choosing administer one or more tests in addition to
any administered at the direction of a law enforcement officer. The
test will be admissible if the person establishes the general
acceptability of the testing technique or method. The failure or
inability to obtain an additional test by a person shall not preclude
the admission of evidence relating to the test or tests taken at the
direction of a law enforcement officer.
(7) Upon the request of the person who shall submit to a test or
tests at the request of a law enforcement officer, full information
concerning the test or tests shall be made available to him or her or
his or her attorney.
PART VI
CONSTRUCTION
NEW SECTION. Sec. 38. Sections 4 through 18 of this act are each
added to chapter 69.50 RCW under the subchapter heading "article III -
- regulation of manufacture, distribution, and dispensing of
controlled substances."
NEW SECTION. Sec. 39. Section 21 of this act is added to chapter
69.50 RCW under the subchapter heading "article IV -- offenses and
penalties."
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NEW SECTION. Sec. 40. Sections 26 through 30 of this act are
each added to chapter 69.50 RCW under the subchapter heading "article
V -- enforcement and administrative provisions."
NEW SECTION. Sec. 41. The code reviser shall prepare a bill for
introduction at the next legislative session that corrects references
to the sections affected by this act.
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Chapter 69.51A RCW
MEDICAL CANNABIS (Formerly Medical marijuana)
RCW Sections
69.51A.005 Purpose and intent.
69.51A.010 Definitions.
69.51A.020 Construction of chapter.
69.51A.025 Construction of chapter -- Compliance with RCW 69.51A.040.
69.51A.030 Acts not constituting crimes or unprofessional conduct -- Health care
professionals not subject to penalties or liabilities.
69.51A.040 Compliance with chapter -- Qualifying patients and designated providers not
subject to penalties -- Law enforcement not subject to liability.
69.51A.043 Failure to register -- Affirmative defense.
69.51A.045 Possession of cannabis exceeding lawful amount -- Affirmative defense.
69.51A.047 Failure to register or present valid documentation -- Affirmative defense.
69.51A.050 Medical marijuana, lawful possession -- State not liable.
69.51A.055 Limitations of chapter -- Persons under supervision.
69.51A.060 Crimes -- Limitations of chapter.
69.51A.070 Addition of medical conditions.
69.51A.085 Collective gardens.
69.51A.090 Applicability of valid documentation definition.
69.51A.100 Qualifying patient's designation of provider -- Provider's service as designated
provider -- Termination.
69.51A.110 Suitability for organ transplant.
69.51A.120 Parental rights or residential time -- Not to be restricted.
69.51A.130 State and municipalities -- Not subject to liability.
69.51A.140 Counties, cities, towns -- Authority to adopt and enforce requirements.
69.51A.200 Evaluation.
69.51A.900 Short title -- 1999 c 2.
69.51A.901 Severability -- 1999 c 2.
69.51A.902 Captions not law -- 1999 c 2.
69.51A.903 Severability -- 2011 c 181.
69.51A.005 Purpose and intent.
(1) The legislature finds that:
(a) There is medical evidence that some patients with terminal or debilitating medical conditions
may, under their health care professional's care, benefit from the medical use of cannabis. Some of the
conditions for which cannabis appears to be beneficial include, but are not limited to:
(i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C,
anorexia, and their treatments;
(ii) Severe muscle spasms associated with multiple sclerosis, epilepsy, and other seizure and
spasticity disorders;
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
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(b) Humanitarian compassion necessitates that the decision to use cannabis by patients with
terminal or debilitating medical conditions is a personal, individual decision, based upon their health
care professional's professional medical judgment and discretion.
(2) Therefore, the legislature intends that:
(a) Qualifying patients with terminal or debilitating medical conditions who, in the judgment of
their health care professionals, may benefit from the medical use of cannabis, shall not be arrested,
prosecuted, or subject to other criminal sanctions or civil consequences under state law based solely on
their medical use of cannabis, notwithstanding any other provision of law;
(b) Persons who act as designated providers to such patients shall also not be arrested,
prosecuted, or subject to other criminal sanctions or civil consequences under state law,
notwithstanding any other provision of law, based solely on their assisting with the medical use of
cannabis; and
(c) Health care professionals shall also not be arrested, prosecuted, or subject to other criminal
sanctions or civil consequences under state law for the proper authorization of medical use of cannabis
by qualifying patients for whom, in the health care professional's professional judgment, the medical
use of cannabis may prove beneficial.
(3) Nothing in this chapter establishes the medical necessity or medical appropriateness of
cannabis for treating terminal or debilitating medical conditions as defined in RCW 69.51A.010.
(4) Nothing in this chapter diminishes the authority of correctional agencies and departments,
including local governments or jails, to establish a procedure for determining when the use of cannabis
would impact community safety or the effective supervision of those on active supervision for a criminal
conviction, nor does it create the right to any accommodation of any medical use of cannabis in any
correctional facility or jail. [2011 c 181 § 102; 2010 c 284 § 1; 2007 c 371 § 2; 1999 c 2 § 2 (Initiative
Measure No. 692, approved November 3, 1998).]
Notes:
Intent -- 2007 c 371: "The legislature intends to clarify the law on medical marijuana so that the
lawful use of this substance is not impaired and medical practitioners are able to exercise their best
professional judgment in the delivery of medical treatment, qualifying patients may fully participate in
the medical use of marijuana, and designated providers may assist patients in the manner provided by
this act without fear of state criminal prosecution. This act is also intended to provide clarification to law
enforcement and to all participants in the judicial system." [2007 c 371 § 1.]
69.51A.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this
chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the
patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
(2) "Health care professional," for purposes of this chapter only, means a physician licensed
under chapter
18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician
licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A
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RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner
licensed under chapter 18.79 RCW.
(3) "Medical use of marijuana" means the production, possession, or administration of
marijuana, as defined in *RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the
treatment of his or her terminal or debilitating illness.
(4) "Qualifying patient" means a person who:
(a) Is a patient of a health care professional;
(b) Has been diagnosed by that health care professional as having a terminal or debilitating
medical condition;
(c) Is a resident of the state of Washington at the time of such diagnosis;
(d) Has been advised by that health care professional about the risks and benefits of the medical
use of marijuana; and
(e) Has been advised by that health care professional that they may benefit from the medical
use of marijuana.
(5) "Tamper-resistant paper" means paper that meets one or more of the following industry-
recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or modification of information on the
paper; or
(c) One or more features designed to prevent the use of counterfeit valid documentation.
(6) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure
disorder, or spasticity disorders; or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard
medical treatments and medications; or
(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased
intraocular pressure unrelieved by standard treatments and medications; or
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or
medications; or
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or
medications; or
(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss,
cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard
treatments or medications; or
(g) Any other medical condition duly approved by the Washington state medical quality
assurance commission in consultation with the board of osteopathic medicine and surgery as directed in
this chapter.
(7) "Valid documentation" means:
(a) A statement signed and dated by a qualifying patient's health care professional written on
tamper-resistant paper, which states that, in the health care professional's professional opinion, the
patient may benefit from the medical use of marijuana; and
(b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW
46.20.035. [2010 c 284 § 2; 2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved
November 3, 1998).]
Notes:
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*Reviser's note: RCW 69.50.101 was amended by 2013 c 3 § 2, changing subsection (q) to
subsection (s).
Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.020 Construction of chapter.
Nothing in this chapter shall be construed to supersede Washington state law prohibiting the
acquisition, possession, manufacture, sale, or use of cannabis for nonmedical purposes. Criminal
penalties created under chapter 181, Laws of 2011 do not preclude the prosecution or punishment for
other crimes, including other crimes involving the manufacture or delivery of cannabis for nonmedical
purposes. [2011 c 181 § 103; 1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 1998).]
69.51A.025 Construction of chapter — Compliance with RCW 69.51A.040.
Nothing in this chapter or in the rules adopted to implement it precludes a qualifying patient or
designated provider from engaging in the private, unlicensed, noncommercial production, possession,
transportation, delivery, or administration of cannabis for medical use as authorized under RCW
69.51A.040. [2011 c 181 § 413.]
69.51A.030 Acts not constituting crimes or unprofessional conduct — Health care professionals not
subject to penalties or liabilities.
(1) The following acts do not constitute crimes under state law or unprofessional conduct under
chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted,
disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or
have real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any
other provision of law as long as the health care professional complies with subsection (2) of this
section:
(a) Advising a patient about the risks and benefits of medical use of cannabis or that the patient
may benefit from the medical use of cannabis; or
(b) Providing a patient meeting the criteria established under *RCW 69.51A.010(26) with valid
documentation, based upon the health care professional's assessment of the patient's medical history
and current medical condition, where such use is within a professional standard of care or in the
individual health care professional's medical judgment.
(2)(a) A health care professional may only provide a patient with valid documentation
authorizing the medical use of cannabis or register the patient with the registry established in **section
901 of this act if he or she has a newly initiated or existing documented relationship with the patient, as
a primary care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of
the patient's terminal or debilitating medical condition, and only after:
(i) Completing a physical examination of the patient as appropriate, based on the patient's
condition and age;
(ii) Documenting the terminal or debilitating medical condition of the patient in the patient's
medical record and that the patient may benefit from treatment of this condition or its symptoms with
medical use of cannabis;
(iii) Informing the patient of other options for treating the terminal or debilitating medical
condition; and
(iv) Documenting other measures attempted to treat the terminal or debilitating medical
condition that do not involve the medical use of cannabis.
(b) A health care professional shall not:
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(i) Accept, solicit, or offer any form of pecuniary remuneration from or to a licensed dispenser,
licensed producer, or licensed processor of cannabis products;
(ii) Offer a discount or any other thing of value to a qualifying patient who is a customer of, or
agrees to be a customer of, a particular licensed dispenser, licensed producer, or licensed processor of
cannabis products;
(iii) Examine or offer to examine a patient for purposes of diagnosing a terminal or debilitating
medical condition at a location where cannabis is produced, processed, or dispensed;
(iv) Have a business or practice which consists solely of authorizing the medical use of cannabis;
(v) Include any statement or reference, visual or otherwise, on the medical use of cannabis in
any advertisement for his or her business or practice; or
(vi) Hold an economic interest in an enterprise that produces, processes, or dispenses cannabis
if the health care professional authorizes the medical use of cannabis.
(3) A violation of any provision of subsection (2) of this section constitutes unprofessional
conduct under chapter 18.130 RCW. [2011 c 181 § 301; 2010 c 284 § 3; 2007 c 371 § 4; 1999 c 2 § 4
(Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Reviser's note: *(1) RCW 69.51A.010(26) is a reference to the definition of "qualifying patient"
which was amended and renumbered by 2011 c 181 § 201, but the section was vetoed by the governor.
**(2) The section creating a registry, 2011 c 181 § 901, was vetoed by the governor.
Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.040 Compliance with chapter — Qualifying patients and designated providers not subject to
penalties — Law enforcement not subject to liability.
The medical use of cannabis in accordance with the terms and conditions of this chapter does
not constitute a crime and a qualifying patient or designated provider in compliance with the terms and
conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil
consequences, for possession, manufacture, or delivery of, or for possession with intent to manufacture
or deliver, cannabis under state law, or have real or personal property seized or forfeited for possession,
manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under
state law, and investigating peace officers and law enforcement agencies may not be held civilly liable
for failure to seize cannabis in this circumstance, if:
(1)(a) The qualifying patient or designated provider possesses no more than fifteen cannabis
plants and:
(i) No more than twenty-four ounces of useable cannabis;
(ii) No more cannabis product than what could reasonably be produced with no more than
twenty-four ounces of useable cannabis; or
(iii) A combination of useable cannabis and cannabis product that does not exceed a combined
total representing possession and processing of no more than twenty-four ounces of useable cannabis.
(b) If a person is both a qualifying patient and a designated provider for another qualifying
patient, the person may possess no more than twice the amounts described in (a) of this subsection,
whether the plants, useable cannabis, and cannabis product are possessed individually or in
combination between the qualifying patient and his or her designated provider;
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(2) The qualifying patient or designated provider presents his or her proof of registration with
the department of health, to any peace officer who questions the patient or provider regarding his or
her medical use of cannabis;
(3) The qualifying patient or designated provider keeps a copy of his or her proof of registration
with the registry established in *section 901 of this act and the qualifying patient or designated
provider's contact information posted prominently next to any cannabis plants, cannabis products, or
useable cannabis located at his or her residence;
(4) The investigating peace officer does not possess evidence that:
(a) The designated provider has converted cannabis produced or obtained for the qualifying
patient for his or her own personal use or benefit; or
(b) The qualifying patient has converted cannabis produced or obtained for his or her own
medical use to the qualifying patient's personal, nonmedical use or benefit;
(5) The investigating peace officer does not possess evidence that the designated provider has
served as a designated provider to more than one qualifying patient within a fifteen-day period; and
(6) The investigating peace officer has not observed evidence of any of the circumstances
identified in *section 901(4) of this act. [2011 c 181 § 401; 2007 c 371 § 5; 1999 c 2 § 5 (Initiative
Measure No. 692, approved November 3, 1998).]
Notes:
*Reviser's note: Section 901 of this act was vetoed by the governor.
Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.043 Failure to register — Affirmative defense.
(1) A qualifying patient or designated provider who is not registered with the registry
established in *section 901 of this act may raise the affirmative defense set forth in subsection (2) of this
section, if:
(a) The qualifying patient or designated provider presents his or her valid documentation to any
peace officer who questions the patient or provider regarding his or her medical use of cannabis;
(b) The qualifying patient or designated provider possesses no more cannabis than the limits set
forth in RCW 69.51A.040(1);
(c) The qualifying patient or designated provider is in compliance with all other terms and
conditions of this chapter;
(d) The investigating peace officer does not have probable cause to believe that the qualifying
patient or designated provider has committed a felony, or is committing a misdemeanor in the officer's
presence, that does not relate to the medical use of cannabis;
(e) No outstanding warrant for arrest exists for the qualifying patient or designated provider;
and
(f) The investigating peace officer has not observed evidence of any of the circumstances
identified in *section 901(4) of this act.
(2) A qualifying patient or designated provider who is not registered with the registry
established in *section 901 of this act, but who presents his or her valid documentation to any peace
officer who questions the patient or provider regarding his or her medical use of cannabis, may assert an
affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a
preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040. A
qualifying patient or designated provider meeting the conditions of this subsection but possessing more
cannabis than the limits set forth in RCW 69.51A.040(1) may, in the investigating peace officer's
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discretion, be taken into custody and booked into jail in connection with the investigation of the
incident. [2011 c 181 § 402.]
Notes:
*Reviser's note: Section 901 of this act was vetoed by the governor.
69.51A.045 Possession of cannabis exceeding lawful amount — Affirmative defense.
A qualifying patient or designated provider in possession of cannabis plants, useable cannabis,
or cannabis product exceeding the limits set forth in RCW 69.51A.040(1) but otherwise in compliance
with all other terms and conditions of this chapter may establish an affirmative defense to charges of
violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence,
that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040(1).
An investigating peace officer may seize cannabis plants, useable cannabis, or cannabis product
exceeding the amounts set forth in RCW 69.51A.040(1): PROVIDED, That in the case of cannabis plants,
the qualifying patient or designated provider shall be allowed to select the plants that will remain at the
location. The officer and his or her law enforcement agency may not be held civilly liable for failure to
seize cannabis in this circumstance. [2011 c 181 § 405.]
69.51A.047 Failure to register or present valid documentation — Affirmative defense.
A qualifying patient or designated provider who is not registered with the registry established in
*section 901 of this act or does not present his or her valid documentation to a peace officer who
questions the patient or provider regarding his or her medical use of cannabis but is in compliance with
all other terms and conditions of this chapter may establish an affirmative defense to charges of
violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence,
that he or she was a validly authorized qualifying patient or designated provider at the time of the
officer's questioning. A qualifying patient or designated provider who establishes an affirmative defense
under the terms of this section may also establish an affirmative defense under RCW 69.51A.045. [2011
c 181 § 406.]
Notes:
*Reviser's note: The section creating a registry, 2011 c 181 § 901, was vetoed by the governor.
69.51A.050 Medical marijuana, lawful possession — State not liable.
(1) The lawful possession or manufacture of medical marijuana as authorized by this chapter
shall not result in the forfeiture or seizure of any property.
(2) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal
offense solely for being in the presence or vicinity of medical marijuana or its use as authorized by this
chapter.
(3) The state shall not be held liable for any deleterious outcomes from the medical use of
marijuana by any qualifying patient. [1999 c 2 § 7 (Initiative Measure No. 692, approved November 3,
1998).]
69.51A.055 Limitations of chapter — Persons under supervision.
(1)(a) The arrest and prosecution protections established in RCW 69.51A.040 may not be
asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections
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agency or department, including local governments or jails, that has determined that the terms of this
section are inconsistent with and contrary to his or her supervision.
(b) The affirmative defenses established in RCW 69.51A.043, 69.51A.045, 69.51A.047, and
*section 407 of this act may not be asserted in a supervision revocation or violation hearing by a person
who is supervised by a corrections agency or department, including local governments or jails, that has
determined that the terms of this section are inconsistent with and contrary to his or her supervision.
(2) The provisions of RCW 69.51A.040, 69.51A.085, and 69.51A.025 do not apply to a person
who is supervised for a criminal conviction by a corrections agency or department, including local
governments or jails, that has determined that the terms of this chapter are inconsistent with and
contrary to his or her supervision.
(3) A person may not be licensed as a licensed producer, licensed processor of cannabis
products, or a licensed dispenser under *section 601, 602, or 701 of this act if he or she is supervised for
a criminal conviction by a corrections agency or department, including local governments or jails, that
has determined that licensure is inconsistent with and contrary to his or her supervision. [2011 c 181 §
1105.]
Notes:
*Reviser's note: Sections 407, 601, 602, and 701 were vetoed by the governor.
69.51A.060 Crimes — Limitations of chapter.
(1) It shall be a class 3 civil infraction to use or display medical cannabis in a manner or place
which is open to the view of the general public.
(2) Nothing in this chapter establishes a right of care as a covered benefit or requires any state
purchased health care as defined in RCW 41.05.011 or other health carrier or health plan as defined in
Title 48 RCW to be liable for any claim for reimbursement for the medical use of cannabis. Such entities
may enact coverage or noncoverage criteria or related policies for payment or nonpayment of medical
cannabis in their sole discretion.
(3) Nothing in this chapter requires any health care professional to authorize the medical use of
cannabis for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of cannabis
in any place of employment, in any school bus or on any school grounds, in any youth center, in any
correctional facility, or smoking cannabis in any public place or hotel or motel.
(5) Nothing in this chapter authorizes the use of medical cannabis by any person who is subject
to the Washington code of military justice in chapter 38.38 RCW.
(6) Employers may establish drug-free work policies. Nothing in this chapter requires an
accommodation for the medical use of cannabis if an employer has a drug-free work place.
(7) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the
content of any record for the purpose of having it accepted as, valid documentation under *RCW
69.51A.010(32)(a), or to backdate such documentation to a time earlier than its actual date of
execution.
(8) No person shall be entitled to claim the protection from arrest and prosecution under RCW
69.51A.040 or the affirmative defense under RCW 69.51A.043 for engaging in the medical use of
cannabis in a way that endangers the health or well-being of any person through the use of a motorized
vehicle on a street, road, or highway, including violations of RCW 46.61.502 or 46.61.504, or equivalent
local ordinances. [2011 c 181 § 501; 2010 c 284 § 4; 2007 c 371 § 6; 1999 c 2 § 8 (Initiative Measure No.
692, approved November 3, 1998).]
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Notes:
*Reviser's note: RCW 69.51A.010(32) is a reference to the definition of "valid documentation"
which was amended and renumbered by 2011 c 181 § 201, but the section was vetoed by the governor.
Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.070 Addition of medical conditions.
The Washington state medical quality assurance commission in consultation with the board of
osteopathic medicine and surgery, or other appropriate agency as designated by the governor, shall
accept for consideration petitions submitted to add terminal or debilitating conditions to those included
in this chapter. In considering such petitions, the Washington state medical quality assurance
commission in consultation with the board of osteopathic medicine and surgery shall include public
notice of, and an opportunity to comment in a public hearing upon, such petitions. The Washington
state medical quality assurance commission in consultation with the board of osteopathic medicine and
surgery shall, after hearing, approve or deny such petitions within one hundred eighty days of
submission. The approval or denial of such a petition shall be considered a final agency action, subject to
judicial review. [2007 c 371 § 7; 1999 c 2 § 9 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.085 Collective gardens.
(1) Qualifying patients may create and participate in collective gardens for the purpose of
producing, processing, transporting, and delivering cannabis for medical use subject to the following
conditions:
(a) No more than ten qualifying patients may participate in a single collective garden at any
time;
(b) A collective garden may contain no more than fifteen plants per patient up to a total of forty-
five plants;
(c) A collective garden may contain no more than twenty-four ounces of useable cannabis per
patient up to a total of seventy-two ounces of useable cannabis;
(d) A copy of each qualifying patient's valid documentation or proof of registration with the
registry established in *section 901 of this act, including a copy of the patient's proof of identity, must
be available at all times on the premises of the collective garden; and
(e) No useable cannabis from the collective garden is delivered to anyone other than one of the
qualifying patients participating in the collective garden.
(2) For purposes of this section, the creation of a "collective garden" means qualifying patients
sharing responsibility for acquiring and supplying the resources required to produce and process
cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies,
and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and
equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a
garden of cannabis plants.
(3) A person who knowingly violates a provision of subsection (1) of this section is not entitled to
the protections of this chapter. [2011 c 181 § 403.]
Notes:
PH.1 Page 130 of 246
Chapter 69.51A - RCW MEDICAL CANNABIS(Formerly Medical marijuana)
Page 10
*Reviser's note: The section creating a registry, 2011 c 181 § 901, was vetoed by the governor.
69.51A.090 Applicability of valid documentation definition.
The provisions of RCW 69.51A.010, relating to the definition of "valid documentation," apply
prospectively only, not retroactively, and do not affect valid documentation obtained prior to June 10,
2010. [2010 c 284 § 5.]
69.51A.100 Qualifying patient's designation of provider — Provider's service as designated provider
— Termination.
(1) A qualifying patient may revoke his or her designation of a specific provider and designate a
different provider at any time. A revocation of designation must be in writing, signed and dated. The
protections of this chapter cease to apply to a person who has served as a designated provider to a
qualifying patient seventy-two hours after receipt of that patient's revocation of his or her designation.
(2) A person may stop serving as a designated provider to a given qualifying patient at any time.
However, that person may not begin serving as a designated provider to a different qualifying patient
until fifteen days have elapsed from the date the last qualifying patient designated him or her to serve
as a provider. [2011 c 181 § 404.]
69.51A.110 Suitability for organ transplant.
A qualifying patient's medical use of cannabis as authorized by a health care professional may
not be a sole disqualifying factor in determining the patient's suitability for an organ transplant, unless it
is shown that this use poses a significant risk of rejection or organ failure. This section does not preclude
a health care professional from requiring that a patient abstain from the medical use of cannabis, for a
period of time determined by the health care professional, while waiting for a transplant organ or
before the patient undergoes an organ transplant. [2011 c 181 § 408.]
69.51A.120 Parental rights or residential time — Not to be restricted.
A qualifying patient or designated provider may not have his or her parental rights or residential
time with a child restricted solely due to his or her medical use of cannabis in compliance with the terms
of this chapter absent written findings supported by evidence that such use has resulted in a long-term
impairment that interferes with the performance of parenting functions as defined under RCW
26.09.004. [2011 c 181 § 409.]
69.51A.130 State and municipalities — Not subject to liability.
(1) No civil or criminal liability may be imposed by any court on the state or its officers and
employees for actions taken in good faith under this chapter and within the scope of their assigned
duties.
(2) No civil or criminal liability may be imposed by any court on cities, towns, and counties or
other municipalities and their officers and employees for actions taken in good faith under this chapter
and within the scope of their assigned duties. [2011 c 181 § 1101.]
69.51A.140 Counties, cities, towns — Authority to adopt and enforce requirements.
(1) Cities and towns may adopt and enforce any of the following pertaining to the production,
processing, or dispensing of cannabis or cannabis products within their jurisdiction: Zoning
requirements, business licensing requirements, health and safety requirements, and business taxes.
Nothing in chapter 181, Laws of 2011 is intended to limit the authority of cities and towns to impose
zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not
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Page 11
preclude the possibility of siting licensed dispensers within the jurisdiction. If the jurisdiction has no
commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers.
(2) Counties may adopt and enforce any of the following pertaining to the production,
processing, or dispensing of cannabis or cannabis products within their jurisdiction in locations outside
of the corporate limits of any city or town: Zoning requirements, business licensing requirements, and
health and safety requirements. Nothing in chapter 181, Laws of 2011 is intended to limit the authority
of counties to impose zoning requirements or other conditions upon licensed dispensers, so long as such
requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. If the
jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate
licensed dispensers. [2011 c 181 § 1102.]
69.51A.200 Evaluation.
(1) By July 1, 2014, the Washington state institute for public policy shall, within available funds,
conduct a cost-benefit evaluation of the implementation of chapter 181, Laws of 2011 and the rules
adopted to carry out its purposes.
(2) The evaluation of the implementation of chapter 181, Laws of 2011 and the rules adopted to
carry out its purposes shall include, but not necessarily be limited to, consideration of the following
factors:
(a) Qualifying patients' access to an adequate source of cannabis for medical use;
(b) Qualifying patients' access to a safe source of cannabis for medical use;
(c) Qualifying patients' access to a consistent source of cannabis for medical use;
(d) Qualifying patients' access to a secure source of cannabis for medical use;
(e) Qualifying patients' and designated providers' contact with law enforcement and
involvement in the criminal justice system;
(f) Diversion of cannabis intended for medical use to nonmedical uses;
(g) Incidents of home invasion burglaries, robberies, and other violent and property crimes
associated with qualifying patients accessing cannabis for medical use;
(h) Whether there are health care professionals who make a disproportionately high amount of
authorizations in comparison to the health care professional community at large;
(i) Whether there are indications of health care professionals in violation of RCW 69.51A.030;
and
(j) Whether the health care professionals making authorizations reside in this state or out of this
state.
(3) For purposes of facilitating this evaluation, the departments of health and agriculture will
make available to the Washington state institute for public policy requested data, and any other data
either department may consider relevant, from which all personally identifiable information has been
redacted. [2011 c 181 § 1001.]
69.51A.900 Short title — 1999 c 2.
This chapter may be known and cited as the Washington state medical use of cannabis act.
[2011 c 181 § 1106; 1999 c 2 § 1 (Initiative Measure No. 692, approved November 3, 1998).]
69.51A.901 Severability — 1999 c 2.
If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1999 c 2 § 10 (Initiative Measure No. 692, approved November 3, 1998).]
PH.1 Page 132 of 246
Chapter 69.51A - RCW MEDICAL CANNABIS(Formerly Medical marijuana)
Page 12
69.51A.902 Captions not law — 1999 c 2.
Captions used in this chapter are not any part of the law. [1999 c 2 § 11 (Initiative Measure No.
692, approved November 3, 1998).]
69.51A.903 Severability — 2011 c 181.
If any provision of this act or the application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of this act are severable.
[2011 c 181 § 1103.]
PH.1 Page 133 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 14, 2013 Minutes
Date:
October 15, 2013
Department:
Police
Attachments:
DRAFT October 14, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:October 21, 2013 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 134 of 246
Municipal Services Committee
October 14, 2013 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room
3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and
Member John Partridge.
Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant
Chief of Police Bill Pierson, Finance Director Shelley Coleman, Public
Works Director Dennis Dowdy, Parks, Arts and Recreation Director
Daryl Faber, Economic Development Planner Bill Thomas, Solid
Waste and Recycling Supervisor Joan Nelson and Police
Secretary/Scribe Terry Mendoza. Others present: None.
B. Announcements
C. Agenda Modifications
At the request of Chair Peloza, an agenda modification was added to
include public comment as a final discussion item. Jonathan Hunter,
Albertson's Store Manager, requested time to discuss the shopping
cart issue for his store located at 4010 A Street SE, Auburn. Mr.
Hunter was a no show at the meeting; however, the Committee did
discuss his request. Chair Peloza will contact Mr. Hunter and extend
an invitation to the next Municipal Services Committee meeting on
October 28, 2013.
II. CONSENT AGENDA
A. September 23, 2013 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member Partridge seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ACTION
A. Lea Hill Park - Project Acceptance (Faber)
Page 1 of 4
MS.1 Page 135 of 246
Parks, Arts and Recreation Director Daryl Faber provided an update
on the completion of the newly constructed 7 acre Lea Hill Park at
Green River Community College. The park includes 5 acres of an
active area with 2 acres of wetlands and an ancillary area. This was
an agreement with GRCC where we accepted a pass through of $1.5
million from them. We are currently working on closing out the
project. Additionally, we received a $60,000.00 grant from King
County for a synthetic soccer field at the park. A small budget
adjustment was completed along the way to assist with the sidewalk
and right of way improvements and have already gone through City
Council. This final pay estimate is for the construction closeout of the
contract with Bargmann Construction. Director Faber also mentioned
the dedication of the park will be held at 4:00 p.m. on Wednesday,
October 30, 2013. Committee discussion followed.
Vice Chair Osborne moved to forward the Lea Hill Park Project
Acceptance to full Council for consideration. Member Partridge
seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4997 (Coleman)
Finance Director Shelley Coleman briefed the committee on
Resolution No. 4997. This is a Resolution of the City Council of the
City of Auburn, Washington, authorizing the acceptance and
appropriation of grant funds in the amount of one hundred and eight
thousand and eight hundred and sixty-nine dollars ($108,869.00).
The Washington State Department of Ecology has requested to enter
into an Interlocal Agreement with the City for the 2013-2015
Coordinated Prevention Grant Program to promote waste reduction
and recycling. The City will use the grant funds for community
outreach on residential recycling and yard waste, as well as education
outreach on recycling in the schools. The City will match the grant
and, historically, we also receive a 2-year grant from King County for
the program. As such, the anticipated King County grant funds
are included in the City's budget and used to backfill the City's match
portion. In 2014, the King County grant will switch to an annual grant.
Councilmember Partridge inquired about whether or not there is a
method used to track or measure the effectiveness of this program.
Joan Nelson, Solid Waste and Recycling Supervisor, reported that
information on the community outreach and progress of the program
is required by the Department of Ecology at the end of the year.
The City remains in compliance with the program and the outreach
with our community and schools have proven to be successful.
Vice Chair Osborne moved to forward Resolution No. 4997 to full
Page 2 of 4
MS.1 Page 136 of 246
Council for consideration. Member Partridge seconded. Chair Peloza
concurred.
MOTION PASSED: 3-0
B. Animal Control and Rescue (Lee)
Bill Pierson, Assistant Chief of Police, provided a review of the 3rd
quarter report on Animal Control operations. The report shows that
our continued efforts to provide community outreach and education to
the Auburn citizens on animal control services has been quite
effective. The number of calls for service (CFS) that were self-
initiated increased and 911 dispatched CFS more than doubled. The
3rd quarter CFS totaled 411 and includes calls made directly to our
animal control officer, wildlife-related calls, officer assist calls, and
calls concerning deceased animals. The number of animals
impounded, infractions and written warnings issued is on the rise.
The committee requested a random sampling of the types of
infractions (specifically those for licensing), written warnings and
criminal citations issued for the 4th quarter report. Additionally, Chair
Peloza suggested getting information out to the media spotlighting the
success of animal control services. Mayor Lewis agreed and will work
with his staff on the announcement. Committee discussion followed.
C. Project Matrix
The following change was made to the Project Matrix:
Item 20P: Review date updated to 01/13/14.
Airport Management Update:
Finance Director Shelley Coleman provided an update on the Airport
Management Contract and distributed a memo outlining the activity
that has occurred to date along with items to consider with regard to
this contract. In April 2013, the City issued a Request for Proposal
(RFP) for Airport Management Services. Two proposals were
received, one from Airport Management Group, LLC (AMG) and one
from Aeroplex Partner's Group (AP). Some of the financial impacts to
consider include the flight school being closed due to the March 2012
expiration of their lease and with that the decrease in fuel sales, as
well. Additionally, the continuing debt payment on the GO bonds
issued in 1999. Therefore the cost of the management contract is
critical in the selection process and Finance has requested additional
information from both firms. Director Coleman will brief the Airport
Advisory Board at their meeting on Wednesday, October 16, and is
hopeful about bringing the contract through the next round of Council
Committee meetings. Committee discussion followed.
Page 3 of 4
MS.1 Page 137 of 246
Citizen Letter of Concern:
Councilmember Partridge presented a letter from City of Auburn
volunteer and resident, Blondie Day. The letter is a request
for assistance from the City's Community Service Work Crew for the
older seniors needing help with the pickup of their yard waste in the
Skylark Village I neighborhood. Mayor Lewis has had contact with
Ms. Day and has had discussions with the Parks department about
the possible utilization of local service clubs/groups. Mayor Lewis will
follow-up with Ms. Day directly. Committee discussion followed.
V. ADJOURNMENT
The meeting was adjourned at 4:30 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, October 28, 2013
at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street,
Auburn, WA.
Signed this ________ day of November, 2013.
_____________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 4 of 4
MS.1 Page 138 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 14, 2013 Minutes
Date:
October 16, 2013
Department:
Planning and Development
Attachments:
October 14, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:
Meeting Date:October 21, 2013 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 139 of 246
Planning and Community
Development
October 14, 2013 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:01 p.m. in Annex
Conference Room 2 located on the second floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Planning and Development Committee Chair Nancy Backus, Vice-
Chair John Holman and Member Largo Wells were present. Also
present were Planning and Development Director Nancy Welch,
Planning Services Manager Elizabeth Chamberlain, Economic
Development Manager Doug Lein, Administration and Business
Services Manager Darcie Hanson; and Planning Secretary Tina Kriss.
Members of the audience present: Councilmember Wayne Osborne.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - September 23, 2013 (Welch)
Vice-Chair Holman moved and Member Wales seconded to approve
the September 23, 2013 minutes as written.
Motion carried unanimously. 3-0
III. ACTION
There were no action items.
IV. DISCUSSION ITEMS
A. Business License 201 (Hanson)
Administration and Business Services Manager Darcie Hanson
provided an overview of the of the City's Business License program as
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a follow up from the September 23, 2013 meeting.
The Committee and staff discussed outreach options to inform citizens
that an active Solicitor's License is required for door-to-door solicitor
business. Ms. Hanson stated one option for outreach she is looking
into is an insert into the City Utility Bill to provide information. The
Committee emphasized that the purpose of public outreach would
be to enhance public safety.
The Committee and staff discussed the options in obtaining active
business license information from the State and how that data could
be used by the City's Innovation and Technology Department to
create an overlay of Auburn businesses.
After a review of various aspects of the City's business license
program, the Committee recommended staff meet with the Auburn
Chamber of Commerce to increase public outreach for those new
businesses needing to obtain a City Business License. The
Committee also recommended staff coordinate with local banks to
provide Business License Applications to include in any packets
banks may provide to individuals seeking to start a new business in
Auburn.
B. Director's Report (Welch)
Planning and Development Director Nancy Welch explained that the
City has been working with the Army Corps of Engineers to negotiate
a reduction in costs for the Mill Creek Wetland 5K Restoration Project.
Negotiations have resulted in an increase in the credit the City would
receive for City staff time and the real estate provided by the City. The
construction costs are now being limited to approximately
$6,000,000.00 based on a new approach to design based on a fixed
budget, which is less than had been reported to the Committee in
May.
With the updated credit and fixed construction costs no additional
funds will be needed, just the previously allocated funds. It also
reduces the amount of grant funding needed to meet the City's
requested match, by 60%.
On August 9, 2013 the City had sent the Seattle District, Corps of
Engineers, a letter requesting termination of the Design Agreement. At
this time, staff would like to notify the Committee that a letter
to rescind the Design Agreement Request to Terminate will be sent to
the Corps, placing the project back on track.
The City of Auburn has been selected by the American Planning
Association (APA) as one of 10 pilot communities for the
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Comprehensive Plan Standards for Sustaining Places Project. City
staff and the American Planning Association staff will hold regular
conference calls to discuss the City's Comprehensive Plan and
practices in meeting benchmarks of the Comprehensive Plan Best
Practices Matrix. The City will be profiled on national APA website
and at the 2014 APA National Conference in Atlanta, Georgia.
Director Welch pointed out the use of the term "sustainability" here is
used in a broad sense. She referred to goals on the National APA
Comprehensive Plan Best Practices Definitions and Scoring Matrix
that states the plan will assist to "provide the physical capacity for
economic growth" and "plan for a balanced land-use mix for fiscal
sustainability".
C. PCDC Status Matrix (Welch)
Committee and staff reviewed the updates to the matrix. The
Committee did not request any changes.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 5:40
p.m.
DATED this ________________ day of __________________, 2013.
____________________________
Nancy Backus - Chair
_____________________________
Tina Kriss - Planning Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
October 7, 2013 Minutes
Date:
October 16, 2013
Department:
Public Works
Attachments:
October 7, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:October 21, 2013 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 143 of 246
Public Works Committee
October 7, 2013 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne
were present. Also present during the meeting were: Mayor Pete B.
Lewis, Planning and Community Development Committee Chairman
Nancy Backus, Vice-Chair John Holman, Committee Member Largo
Wales, Council Member John Partridge, Public Works Director Dennis
Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City
Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation
Manager Pablo Para, Maintenance and Operations Manager Randy
Bailey, Engineering Aide Amber Mund, Traffic Engineer James Webb,
Street Systems Engineer Jai Carter, Storm Drainage Engineer Tim
Carlaw, Senior Project Engineer Jacob Sweeting, Senior Project
Engineer Ryan Vondrak, Project Engineer Robert Lee, Planning
Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon,
Planning Director Nancy Welch, Finance Director Shelley Coleman,
City Attorney Dan Heid, Government Relations Manager Carolyn
Robertson, Economic Development Manager Doug Lien, and Public
Works Secretary Jennifer Cusmir.
Members of the public in attendance included: Yolanda Trout, Adam
Knoll representing MultiCare, John Manavian and Tamara Thompson
representing the Robertson Properties Group/Auburn Properties, LLC.
B. Announcements
1. Joint Meeting Announcement
A Joint Meeting of the Public Works and Planning and Community
Development Committees is to begin at 4:00 p.m. and will end at
the conclusion of Discussion Item A.
A joint meeting of the Public Works Committee and Planning and
Community Development Committees is to begin at
approximately 4:00 p.m. and will end at the conclusion of
Discussion Item A.
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C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve the Public Works Committee Meeting
minutes for date, November 16, 2013.
Motion carried 3-0.
B. Right-of-Way Use Permit No. 13-29 (Mund)
Auburn Parks, Arts and Recreation Veterans Day Parade
Member Osborne asked if construction on Park Avenue will be
complete by the date of the parade. Mayor Lewis answered that Park
Avenue will be open.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve Right-of-Way Use Permit No. 13-29 for
the Auburn Parks, Arts and Recreation Veterans’ Day Parade.
Motion carried 3-0.
C. Right-of-Way Use Permit No. 13-30 (Mund)
Auburn Parks, Arts and Recreation Santa Parade
There were no questions from the Committee.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve Right-of-Way Use Permit No. 13-30 for
the Auburn Parks, Arts and Recreation Santa Parade.
Motion carried 3-0.
D. Right-of-Way Use Permit No. 13-31 (Mund)
Auburn Parks, Arts and Recreation Halloween Harvest Festival
There were no questions from the Committee.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve Right-of-Way Use Permit No. 13-31 for
the Auburn Parks, Arts and Recreation Halloween Harvest Festival.
Motion carried 3-0.
E. Right-of-Way Use Permit No. 13-33 (Mund)
MultiCare Health System - Installation of Two 4” Conduits Crossing
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1st St NE
Vice-Chair Peloza asked if the 5-year term for the permit was a
standard length of time. Engineering Aide Mund answered that the
longest term for which a Right-of-Way Use Permit may be issued is 5
years, unless the permit goes to the full City Council for approval.
Engineering Aide Mund explained that the applicant is installing two 4”
conduits and they are still working on their engineering and
construction plans for completing the work, so staff does not have the
exact project details at this time, in response to a question asked by
Vice-Chair Peloza.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee approve Right-of-Way Use Permit No. 13-33 for
installation of Two 4” Conduits Crossing 1st St NE by MultiCare
Health Systems.
Motion carried 3-0.
F. Annual On-Call Survey Agreement Amendment (Gaub)
Annual On-Call Professional Service Agreement for Survey Services
(AG-C-358)
Chairman Wagner asked if the City completes any survey work or if
survey work is all contracted out. Assistant City Engineer Gaub
answered that City staff does the majority of surveying related work
and the contract is used when City staff has more work to do than
they are able to complete in-house.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council an amendment to the
Annual On-Call Professional Service Agreement for Survey Services
(AG-C-358) for 2013.
Motion carried 3-0.
G. Public Works Project No. C524A (Lee)
SCADA System Improvements
Project Engineer Lee reported that there are currently 30 out of 36
sites converted over to the new SCADA system. Chairman Wagner
asked if there are problems with the remaining 6 sites. Lee answered
that there are no problems, they are just not yet converted.
Vice-Chair Peloza asked why there were so many change orders for
the project. Project Engineer Lee explained that the work is being
completed under a technology service agreement and there have
been issues and existing field conditions that were unknown in the
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forward. Those issues have been addressed but were not anticipated
in the original scope of work. Many of the issues were various things
that needed to be done in order to connect the City’s system to the
SCADA system, such as utility equipment upgrades. Staff was also
working on opportunities to maximize the use of current facilities.
Chairman Wagner spoke about the possibility of reviewing the
process of design/build projects and asked staff to try and provide the
Committee with more information regarding the number of expected
change orders for future design/build projects.
Member Osborne asked about the affect of the change orders on the
project budget. Project Engineer Lee stated that previous change
orders, 1 through 16, each contained one item and change orders 17
and 18 include multiple changes. Lee explained that change order 17
is for modifications to an existing utility system in response to the
SCADA updates, where the City is enhancing performance. Change
order 18 adds sites that were not on the original project scope but
were funded within the utility project budgets separate from the
SCADA project.
Member Osborne noted that in February 2011 the project’s estimated
cost was $4.6M and the current estimated cost is $5.8M and asked for
a break down of the costs of the items on the change orders.
Project Engineer Lee stated that on change order 17, a magnetic flow
meter, is being added at the Green River Pump Station, which is a site
improvement that allows the City to measure the flow at the pump
station. The second item includes three upgrades at three separate
sites. Project Engineer Lee pointed out that the change orders
address changes to the actual sites and not the SCADA system. Lee
said that some of the upgrades to sites were anticipated by staff and
others were not.
Project Engineer Lee answered questions asked by Vice-Chair Peloza
regarding upgrades to the facilities’ lock and security systems, which
were included in the SCADA project.
Utilities Engineer Repp explained that the funds for the change orders,
number 17 and 18 in particular, are coming from existing projects that
had SCADA monies already budgeted into the project costs. The
funds budgeted for the individual utilities projects for SCADA
upgrades are now being transferred to the SCADA Systems Update
project as the preferred technical option to implement the needed
improvements.
Utilities Engineer Repp clarified that approximately a third of the
increase of the project’s cost is being transferred from existing
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projects, in response to a question asked by Chairman Wagner.
Mayor Lewis stated that while constructing the SCADA system, staff
realized there were other advantages to including other parts of the
existing system to improve the entire system, which staff did not
understand at the project’s start. Mayor Lewis stated that the current
project contract has provided the freedom to modernize the system as
the project is completed.
Mayor Lewis requested staff present a review of all of the project
accomplishments and lessons learned during completion of the
project at a Committee meeting.
Director Dowdy spoke about the value gained by the project. Director
Dowdy recommended the Public Works Committee and staff visit the
Maintenance and Operations offices to see the system’s new
capabilities.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council approve Change Order
No. 17 in the amount of $107,595.07 to Contract No. AG-C 401 for
Work on Project No. C524A, SCADA System Improvements.
Motion carried 3-0.
H. Public Works Project No. C524A (Lee)
SCADA System Improvements
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council approve Change Order
No. 18 in the Amount of $243,747.42 to Contract No. AG-C 401 for
Work on Project No. C524A, SCADA System Improvements.
Motion carried 3-0.
III. DISCUSSION ITEMS
A. Robertson Properties Group/Auburn Properties LLC Status Report -
Starting at 4:00 p.m. (Dixon / Thompson / Manavian)
Robertson Properties Group/Auburn Properties LLC Status Report on
the Auburn Gateway Project to Members of the Public Works and
Planning & Community Development Committees as Part of a Joint
Meeting
The joint meeting of the Public Works and Planning and Community
Development Committees commenced at 4:13 p.m.
John Manavian and Tamara Thompson, representing Robertson
Properties Group/Auburn Properties LLC (RPG), were present to
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provide a status update of the Auburn Gateway Project
(redevelopment of the Valley 6 Drive-In).
Mr. Manavian provided the Committee with a brief background
summary of the project and spoke about RPG’s pre-leasing
activities.
Vice-Chair Peloza asked for more details regarding storm water
management and critical area mitigation. Mr. Manavian, referencing
the Exhibit B site plan, identified the portion of the site located in the
flood plain and spoke about the process of removing the property from
the flood plain. There is also a storm detention area near the NE
portion of the site that, RPG’s engineers are working on and will
become part of a stream relocation and bicycle/pedestrian trail
area. Wetland areas have also been identified with associated
buffers. Mr. Manavian noted that the project’s master plan is still being
further refined.
Mr. Manavian stated that RPG is very satisfied with the work that staff
has done acquiring funds for the design and permitting of S 277th
Street project and said that RPG has entered into a participation
agreement for grants for the construction of the project, in response to
a question asked by Chairman Wagner.
Ms. Thompson stated that RPG has had an on-site meeting with the
WA State Department of Fish and Wildlife to determine the
classification of the different streams that are in and around the
development site, in response to a question asked by Vice-Chair
Peloza. Ms. Thompson said that RPG has been able to address the
site according to how the streams will be classified. Mr. Manavian and
Ms. Thompson spoke about relocation of one of the streams on the
property.
Mr. Manavian answered questions asked by Chairman Wagner
regarding the flood plain mapping in the area.
Mr. Manavian, the Committees and Mayor Lewis discussed the type of
retail tenants that RPG is trying to bring to the area.
Mr. Manavian described what type of housing may be included in the
project, in response to a question asked by Chairman Wagner. He
noted that since housing is required to be located above other uses,
identification of the other uses must come first. Planning and
Development Committee Chair Backus answering a question asked
by Chairman Wagner stated that there are specific mixed-use design
guidelines similar to those for the downtown area. Principle Planner
Dixon confirmed that there are specific architectural and site design
guidelines that apply for the project area.
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The Committees and Mr. Manavian continued discussion of the type
of retail tenants that may considering the project location, in response
to a question asked by Planning and Community Development
Committee Member Wales.
Chairman Wagner asked if RGP is concerned with any of the airport
flight plans. Mr. Manavian answered that flight plans and/or air traffic
are not anticipated to be an issue. Chairman Wagner noted that the
Airport Master Plan is in the process of being updated.
Vice-Chair Peloza asked about the project schedule. Mr. Manavian
responded that the project is approximately 2-3 years away in terms of
any tenants and the brokers have told him that the timeline partially
depends on improvement of the economy. Planning and Community
Development Committee Chair Backus asked if there are any other
factors that would influence a retailer’s decision to expand to the
area. Mr. Manavian answered that the primary factors are the
economy and demographics of the proximity of population density.
Planning and Community Development Committee Vice-Chair Holman
commented of the favorability of the demographic report provided by
RPG as part of their pre-leasing market research.
Mr. Manavian noted that the executed development agreement
provides for twice annual status reporting to the city and requested
that the next update be postponed until July 2014. The Committees
granted the request.
Planning and Community Development Committee Backus asked for
three talking points for the project that City Councilmembers could
share with citizens. Mr. Manavian responded that the emphases of the
project is the fact that it is mixed-use project with a deliberate, well
thought out master plan with a strong tenant mix. RGP is also working
very hard to work through all of the very complicated infrastructure
needs in the project area.
The joint meeting concluded at 4:44 p.m.
B. Ordinance No. 6482 (Chamberlain)
An Ordinance of the City Council of the City of Auburn, Washington,
Amending Sections 3.60.036, 3.94.040 and 3.94.060 of the City of
Auburn Code Relating to Tax Exemptions
Discussion Item B was discussed prior to Discussion Item A.
Planning Manager Chamberlain provided the Committee with
background information regarding Ordinance No. 6482.
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Chamberlain explained that the City has received two requests to
amend the City’s Multifamily Property Tax Exemption. The applicants
are Landmark Development who is proposing a 5 story, 126 unit
mixed-use housing project and Teutsch Partners LLC who is
proposing a market rate project that could be either senior housing or
apartments and the City has been working with on a purchase and
sale agreement for the two southern blocks that the City owns within
the Downtown Catalyst Area. Both development companies requested
that the City review the minimum unit per unit investment that is
included in the Multifamily Property Tax Exemption, which is currently
$200,000.00 per unit.
The Multifamily Property Tax Exemption has been in place since
2003, but no developer has taken advantage of the program since its
adoption.
The two developers have both requested a $130,000.00 per unit
investment. Planning Manager Chamberlain stated that this
investment will allow them to do a Seattle market type product even
though the City of Auburn does not get Seattle market renting
prices. Chamberlain reported that staff has review the Multifamily
Property Tax Exemptions in other jurisdictions, Olympia, Kent, Seattle,
and Federal Way, and none have a minimal investment. During
discussion, the Planning and Community Development Department
recommended not having a minimum investment for the City’s catalyst
area.
Planning Manager Chamberlain stated that the Planning and
Community Development Committee was supportive of modifying the
code language to not have a minimum investment value per unit for
an entire market rate project but the project must have a minimum of
50 units. The Committee recommended that the minimum investment
value per unit be $130,000.00 for a combination market
rate/affordable housing project. Staff also proposes to amend when
the application for the Multifamily Property Tax Exemption is required
to be submitted and change the submittal prior to certificate of
occupancy.
Vice-Chair Peloza stated that his primary reason for supporting the
proposed Ordinance is that the developers will maintain a high level of
finish and amenity.
The Public Works Committee decided to make the motion to move the
Ordinance forward to City Council.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council introduce and adopt
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Ordinance No. 6482.
Motion carried 3-0.
C. Resolution No. 4999 (Chamberlain)
A Resolution of the City Council of the City of Auburn, Washington,
Amending Resolution No. 4920 Related to Temporary Reduction of
Certain Fees by Changing the Eligibility Date
Discussion Item C was discussed prior to Discussion Item A.
The Public Works Committee decided to make the motion to move the
Resolution forward to City Council.
It was moved by Vice-Chair Peloza, seconded by Member Osborne,
that the Committee recommend City Council adopt Resolution No.
4999.
Motion carried 3-0.
D. Recent Storm Event (Repp/Carlaw)
Discussion Item D was discussed prior to Discussion Item A.
Utilities Engineer Repp and Storm Drainage Engineer Carlaw
distributed handouts that document rainfall to the Committee.
Utilities Engineer Repp reported that the cumulative rainfall
September 28th through October 1st was approximately 3.5” which
translates into a 12-year storm event and was not a rare event.
Utilities Engineer Repp explained how rainfall probabilities are
calculated, following a question asked by Chairman Wagner.
Utilities Engineer Repp noted that some of the storm issues in the
month of September have been submerged roadways and the largest
roadway issue was on 37th Street, which staff believes is attributable
to construction socks that were left during the chipsealing work which
was in process at that time. Repp stated that although there were
some nuisances, the storm system is performing well.
Using an aerial map, the Committee and staff discussed a storm
drainage problem on the West Hill that was reported to the City by a
citizen.
Utilities Engineer Repp explained that staff will begin developing a
long term plan for the storm drainage systems in both the West Hill
and Lea Hill areas as part of the Storm Drainage Comprehensive Plan
update. Repp stated that Storm Drainage Engineer Carlaw and the
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consultant have developed a scope of work for the plan update and
staff hopes to bring it to the next Committee meeting for review.
E. Review of Chipseal and Striping Feedback from Community (Para)
Member Osborne spoke about two problems citizens reported to him
regarding chipseal treatment becoming too sticky and paint used for
striping being very thick and spraying up along the side of a vehicle
when the driver crossed over the stripe.
Chairman Wagner asked if the county is using a thicker paint for
striping than they have in the past. Transportation Manager Para
answered that Pierce County does use a different type of paint than
King County, but the paint is not so thick that it would produce the
types of results on vehicles that Member Osborne had described.
Director Dowdy spoke about the problems with the chipseal
treatment. Director Dowdy stated that staff believes in some locations
there was a little too much oil used in the treatment during days with
lower temperatures and the treatment did not cure properly.
Transportation Manager Para reported that Pierce County has almost
completed all of the striping citywide and there have only been a few
comments from drivers. Chairman Wagner asked how the striping is
protected while it dries. Para stated that the county uses trucks with
message boards to alert drivers to the wet paint, pilot cars, and place
cones on the fresh paint. The cones are in place until the paint dries,
which takes minutes, depending on the temperature. Transportation
Manager Para stated that the paint should not be so thick as to splash
up on cars, but may be tracked on tires.
Chairman Wagner asked if there are any issues striping on the double
chipseal treatments. Transportation Manager Para stated that any
time new pavement is striped, some of the paint is absorbed by the
asphalt and the roadway needs two coats of paint. Para noted that the
specifications for the contract with the county include two paint
passes.
Assistant Director/City Engineer Selle stated that staff will be changing
the specifications for chipseal treatments to better control the amount
and type of emulsion used and the locations where chipseal
treatments are applied, in response to a question asked by Chairman
Wagner.
Transportation Manager Para, answering a question asked by
Chairman Wagner, said that there will be no local roads being treated
with double chipseal in 2014, but the arterial streets have yet to be
selected for their program.
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Director Dowdy spoke about chipseal treatments that are being used
throughout the state and full road recovery techniques.
F. Capital Project Status Report (Gaub)
Item 3 – C201A – M Street Underpass: Assistant City Engineer Gaub
confirmed that the costs for King County did go down slightly because
King County’s agreement was to pay their actual costs, following a
question asked by Vice-Chair Peloza.
Item 7 – CP1120 – Lea Hill Safe Routes to School
Improvements: Assistant City Engineer Gaub stated that the work on
116th Avenue SE is complete, on 124th Avenue SE the sidewalk is in
place, but there are a couple of pieces that are not complete because
the contractor is waiting for Puget Sound Energy (PSE) to relocate
two poles, and the signal equipment will not arrive until later in the
month. Chairman Wagner asked if the project will still be finished in
October. Assistant City Engineer Gaub said that it will likely be
completed in October.
Item 12 - EM1302 – Hidden Valley Vista Emergency Storm
Repair: Assistant City Engineer Gaub reported that work started last
week, materials have been moved in and welding on the pipe has
been started. The pipe should start being run over the hillside this
week.
Vice-Chair Peloza asked about the height of the pipe from the
ground. Assistant City Engineer Gaub stated the pipe will be on the
ground with anchors every 100 feet holding the pipe in place.
Staff answered questions asked by Member Osborne regarding the
location where the pipe discharges into the river.
Member Osborne asked if the project in within budget. Assistant City
Engineer Gaub answered that it is.
Item 33 – Lakeland Hills Reservoir Improvement: Vice-Chair Peloza
asked about the construction start time. Assistant City Engineer Gaub
explained that the reservoir, Reservoir 5, need to be taken offline to
complete the work that needs to be done. Staff has decided not to
take the reservoir offline during at highest peak time, Summer 2014,
so the construction will begin in Fall 2014.
Item 36 – CP1224 – 2013 Local Street Reconstruction: Assistant City
Engineer Gaub explained that staff is working on incorporating
reconstructing all the sidewalk into the project and discussing the
property tie-ins with the property owners, in response to a question
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asked by Vice-Chair Peloza. Chairman Wagner asked if the City has
to pay the contractor for remobilization. Assistant City Engineer Gaub
answered, not at this time. Assistant Director/City Engineer Selle
noted the affect of the whether on the project schedule.
Assistant City Engineer Gaub answered a question asked by Vice-
Chair Peloza and Member Osborne about the relocation of the utility
poles.
Chairman Wagner asked about 5th Street. Assistant City Engineer
Gaub stated that 5th Street has only a short portion of reconstruction
and the remainder of the roadway is an overlay and will review the
status of pavement work.
Vice-Chair Peloza asked about the status of 23rd Street SE. Assistant
City Engineer Gaub answered that 23rd Street is nearly
complete. Vice-Chair Peloza asked if there is an issue with the
curbing. Assistant City Engineer Gaub stated that curbs are not being
replaced unless needed to address grade issues, there is some
curbing that is being replaced on 23rd Street SE, but not all of
it. Director Dowdy said existing damaged curb would not be replaced
if the curb is still functional.
G. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
Item 2 – 15the Street NW Gas Line: This item will be removed from
the next report because the project is complete.
H. Action Tracking Matrix (Dowdy)
Item A – Completed Capital Improvement Projects Map update:
Engineer Gaub reported that the update for October has been
completed.
Item B – Fulmer Well-Field Feasibility Study Updates: Engineer Repp
confirmed that the item will be discussed at the next Public Works
Committee Meeting, following an inquiry from Chairman Wagner. Item
H, Speed Cushion Design Standards will also be discussed.
Item J – Transportation Impact Fee Structure Analyses: The
Committee and staff discussed what information will be included in the
analyses.
Item L – 105th Place SE Pavement Issue: Assistant Director/City
Engineer Selle stated that the solution to the issue is to grind out the
area and apply a traditional overlay, in response to a question asked
by Vice-Chair Peloza. Assistant Director/City Engineer Selle stated
that it is uncertain if the work will be completed in 2013. Vice-Chair
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Peloza asked that the estimated completion date be changed to
TBD. Chairman Wagner asked that “will consider overlay instead of
chipseal in certain turn areas” be added to the status.
Member Osborne asked for a cost comparison of different pavement
treatments.
IV. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 5:16 p.m.
Approved this 21st day of October, 2013.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
October 7, 2013 Minutes
Date:
October 14, 2013
Department:
Administration
Attachments:
October 7, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Partridge Staff:
Meeting Date:October 21, 2013 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 157 of 246
Finance Committee
October 7, 2013 - 5:30 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair John Partridge called the meeting to order at 5:30 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex at
One East Main Street in Auburn.
A. Roll Call
Chair John Partridge, Vice Chair Largo Wales, and Member John
Holman were present.
City officials and staff members present: Mayor Peter B. Lewis,
Councilmember Wayne Osborne, Councilmember Bill Peloza, City
Attorney Daniel B. Heid, Planning Services Manager Elizabeth
Chamberlain, Parks, Arts and Recreation Director Daryl Faber,
Recreation and Program Marketing Manager Julie Brewer, Public
Works Director Dennis Dowdy, Finance Director Shelley Coleman,
Human Resources and Risk Management Director Brenda
Heineman, Human Resources and Risk Management Assistant
Director Rob Roscoe and Deputy City Clerk Shawn Campbell.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no agenda modification.
II. CONSENT AGENDA
A. September 16, 2013 Regular Meeting Minutes
Member Holman moved and Vice Chair Wales seconded to approve
the minutes as distributed.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims Voucher numbers 425314 through 425613 in the amount of
$2,564,309.54 and two wire transfers numbers 0134 and 0135 in the
amount of $1167.00 and dated October 7, 2013.
Page 1 of 5
FN.1 Page 158 of 246
Committee members reviewed claims and payroll vouchers.
Vice Chair Wales moved and Member Holman seconded to approve
and forward claims and payroll vouchers to the City Council for
consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers
Payroll check numbers 534112 through 534155 in the amount of
$314,031.04 electronic deposit transmissions in the amount of
$1,274,563.12 for a grand total of $1,588,594.16 for the period
covering September 12, 2013 to October 2, 2013
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6482 (Chamberlain)
An Ordinance of the City Council of the City of Auburn, Washington,
Amending Sections 3.60.036, 3.94.040 and 3.94.060 of the City of
Auburn Code relating to tax exemptions
Planning Services Manager Chamberlain introduced Ordinance No.
6482. The tax exemptions are only for the residential portion for the
property. The City has received requests from two developers for the
City to reevaluate the minimum investment required to be eligible for
the tax exemption. The Washington State Law that governs the tax
exemption does not require a minimum investment. With the proposed
changes developers would have two options; one is an eight year tax
exception when the property is rented at market rate, the other option
is for a twelve year tax exemption if the property has affordable
housing. The minimum investment for the twelve year option was
amended to $130,000.00. There would not be a minimum investment
for the eight year option. Both developers are planning to use the
eight year option. The other change in the code is related to
application deadlines for a developer to be eligible for the tax
exemption.
Chair Partridge asked what the cost to the City would be in lost
property tax revenue. Director Coleman stated the tax exemption
would be approximately $34,000.00 per year. Member Holman stated
the City would be receiving no tax revenue if the property is not
purchased and developed. Mayor Lewis said the tax exemption is only
on the residential portion of the property tax, not on the land or the
retail space. The City will see an increased density in the downtown
area bringing increased sales tax revenue. The City would also gain
two developed properties in the downtown core. The projects
include apartments with amenities similar to the Seattle and Bellevue
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FN.1 Page 159 of 246
areas with lower rents. Member Holman stated this tax exemption will
be realized in approximately $100.00 per month in lower rent. Vice
Chair Wales stated this is an opportunity to bring a better quality
product to the citizens of Auburn.
IV. RESOLUTIONS
A. Resolution No. 4993 (Heineman)
A Resolution of the City Council of the City of Auburn approving the
Interlocal Agreement between the City of Auburn and Association of
Washington Cities Employee Benefit Trust for Health Care
Director Heineman introduced Resolution No. 4993. The City is
continuing their partnership with Association of Washington Cities
(AWC) for health benefits. AWC has agreed to not raise the premiums
for 2014. AWC is creating an insurance pool similar to what the City
had looked into.
Chair Partridge confirmed the health benefit to the employees would
not change with the new agreement.
Vice Chair Wales moved and Member Holman seconded to approve
and forward Resolution No. 4993 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Resolution No. 4999 (Chamberlain)
A Resolution of the City Council of the City of Auburn, Washington,
amending Resolution No. 4920 related to temporary reduction of
certain fees by changing the eligibility date
Manager Chamberlain introduced Resolution No. 4999. She stated
the fee schedule will be updated to reflect the change in eligibility fate
from received to date submitted. The change is due to additional
requirements made by the City. The developers would not be able to
meet the deadline.
Vice Chair Wales moved and Member Holman seconded to approve
and forward Resolution No. 4999 to the full Council for consideration.
MOTION CARRIED UNANIMOUSLY. 3-0
V. DISCUSSION ITEMS
A. Resolution No. 4991 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement
between the City of Auburn and Mead & Hunt, Inc., for a Wildlife and
Habitat Assessment at the Auburn Municipal Airport
Page 3 of 5
FN.1 Page 160 of 246
Director Coleman introduced Resolution No. 4991. The agreement is
with Mead & Hunt for Wildlife Habitat Assessment. The project is
mostly grant funded with the Federal Aviation Administration
(FAA) paying for 90 percent of the cost, the State of Washington
will pay five percent and the City will pay the remaining five percent.
The FAA requires the City to do a wildlife habitat assessment at the
airport.
B. Century West Task Order (Coleman)
Council approve engineering design services for proposed
improvements at Auburn Municipal Airport
Director Coleman stated the agreement is the first task order for
design services for improvements at the Auburn Municipal Airport.
The Committee was provided a budget summary for the project.
C. Auburn Symphony Orchestra Contracts (Coleman)
Director Coleman reported the City sponsors the advertising for the
Auburn Symphony Orchestra. The Orchestra has five events per year,
and the City pays $100,000.00 for advertising. Director Faber stated
the advertising always acknowledges the City as the sponsor.
Vice Chair Wales asked if the City can request the Symphony hold
their annual fund raiser in the City of Auburn. Mayor Lewis said the
City can propose venues and accommodations for the Symphony's
next fund raiser.
The Committee discussed compensation for the musicians.
Chair Partridge stated he would like to see the Symphony incorporate
the youth of the City more.
Member Holman said the Committee needs to ensure the City is
getting a good value for the support provided to the Symphony. Mayor
Lewis stated another component of the advertising for the Symphony
is the promotion of the City.
D. WCIA 2014 Assessment (Heineman)
Director Heineman stated the City receives an annual assessment
from Washington Cities Insurance Authority (WCIA). For this
assessment losses paid by WCIA and worker hours are reviewed.
Assistant Director Roscoe said the City's liability assessment is driven
by worker hours and the last five years of losses. The City is in a
liability pool. If one jurisdiction has a year with high losses the other
jurisdictions help cover the losses. The City has decreased losses
reducing the City's liability significantly over the last several years.
This is attributed to staff working to limit the City's liability and
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FN.1 Page 161 of 246
reporting problems quickly.
VI. ADJOURNMENT
There being no further business to come before the Committee, the
meeting adjourned at 6:53 p.m.
APPROVED this 21st day of October, 2013.
__________________________ ____________________________
John Partridge, Chair Shawn Campbell, Deputy City Clerk
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FN.1 Page 162 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 10, 2013 Minutes
Date:
October 16, 2013
Department:
Planning and Development
Attachments:
October 10, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wagner Staff:
Meeting Date:October 21, 2013 Item Number:CC.1
AUBURN * MORE THAN YOU IMAGINEDCC.1 Page 163 of 246
Les Gove Community Campus
October 10, 2013 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Rich Wagner called the meeting to order at 3:35 p.m. in Annex
Conference Room 2 located on the second floor of the One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Rich Wagner and Member Wayne Osborne were present.
Member Largo Wales was excused.
Staff members present were Advisor to the Mayor Michael Hursh;
Planning and Development Director Nancy Welch; Parks, Arts, and
Recreation Director Daryl Faber; Finance Director Shelley Coleman
and Office Assistant Sue Van Slyke.
Audience members present: Councilmember John Partridge and Joe
Borden of Lorig Associates.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - August 28, 2013 (Welch)
Member Osborne moved and Chair Wagner seconded to approve the
August 28, 2013 minutes as written.
Motion carried unanimously. 2-0
III. DISCUSSION ITEMS
A. Business Plan Update (Faber/Coleman)
Parks, Arts, and Recreation Director Daryl Faber distributed the draft
Business Operations Plan. The Committee discussed the updates that
were made to the plan since the last meeting.
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CC.1 Page 164 of 246
After a review of the draft Business Plan, the Committee provided the
following recommendations:
A. Page 3 - Executive Summary - Benefits of the Project
· The Committee would like to provide additional examples and
clarification of the diversity population (i.e., age, faith,
economic classes) to be served by the Community Center.
Chair Wagner will draft the bullet and Director Wagner and Ms.
McKnight, Parks, Arts and Recreation Arts Coordinator, will
refine the definition.
· Chair Wagner will review the “benefits of the community”
center as previously noted by Jodi Riker Yap. The Committee
would like to emphasize and add the statement that the City of
Auburn is an “inclusive” community in this section.
B. Page 5
· Director Faber will explore additional categories for the
Demographic Diversity section such as religion, age, education
level, and family household income.
C. Page 6
· Add bullet for “Events” that will state the variety of anticipated
event usage in the community center (trade shows, wedding
receptions, organizational events, etc.)
D. Page 7
· Director Faber will have BLRB Architects change Area
Summary into two categories: “Wall Thickness” and “Internal
Circulation”.
E. Page 8
· The Committee will include separate rates for businesses and
citizens. Fees and Charges manual to include a “not to
exceed” or a range.
F. Page 10
· The Committee suggested that when code updates are made
by BLRB Architects for re-bidding the Community Center, the
building infrastructure that would be necessary for installing
solar electric power panels should be investigated.
G. Page 11
· Director Faber presented the Proforma to the Committee.
· Chair Wagner will meet with Director Faber to eliminate line
items in this section and add an “assumption” legend with
footnotes.
H. Page 12
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CC.1 Page 165 of 246
· The Committee will add a very low cost/no cost availability
option for citizens and research a possible bartering option.
I. Page 13
· Director Coleman and Director Faber will review and update
the Estimated Projected Cost page.
The Committee will update the Business Plan draft for the October 23,
2013 LGCC meeting.
B. Flag Pavilion Planning Committee (Faber)
The Committee determined that a design review committee will be
formed for the Flag Pavilion and may include Greg Watson and Nancy
Colson from the Arts Commission, Chair Wagner, Maija McKnight,
and a community member. Chair Wagner will solicit Ms. McKnight to
prepare information for the next LGCC meeting.
C. Action Tracking Matrix (Wagner)
Committee reviewed the draft Action Track Matrix.
Item F
· Director Coleman will contact Director Dowdy for information
and input on the traffic analysis (motorized and non-motorized
pedestrian traffic on Deals Way) and check to see if the
estimated completion date is accurate.
Item I
· Director Faber will collaborate with Public Affairs and
Marketing Manager Dana Hinman on the city-wide and parks
citizens’ survey and will change the estimated completion date.
IV. ADJOURNMENT
There being no further business to come before the Committee, the
meeting was adjourned at 4:27 p.m.
APPROVED THIS _______ day of ________________, 2013.
_______________________________
Rich Wagner, Chair
______________________________
Sue Van Slyke, Office Assistant
Page 3 of 3
CC.1 Page 166 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
October 7, 2013 Regular Meeting Minutes
Date:
October 14, 2013
Department:
Administration
Attachments:
10-7-2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 21, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 167 of 246
City Council Meeting
October 7, 2013 - 7:30 PM
Auburn City Hall
MINUTES
Watch the meeting video
Meeting videos are not available until 72 hours after the meeting has concluded.
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led
those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Rich Wagner, Nancy Backus, Bill
Peloza, John Partridge, Largo Wales, Wayne Osborne, and John
Holman.
Department directors and staff members present: Planning and
Development Director Nancy Welch, Human Resources and Risk
Management Director Brenda Heineman, Human Resources and Risk
Management Assistant Director Rob Roscoe, Finance Director
Shelley Coleman, Chief of Police Bob Lee, Advisor to the Mayor
Michael Hursh, Parks, Arts and Recreation Director Daryl Faber,
Economic Development Manager Doug Lein City Attorney Daniel B.
Heid, Public Works Director Dennis Dowdy, and Deputy City Clerk
Shawn Campbell.
C. Announcements, Appointments, and Presentations
There was no announcements, appointments or presentations.
D. Agenda Modifications
An updated agenda was provided to Council prior to the meeting.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2013 - 2014 Mid Biennial Budget Public Hearing No. 1 (Coleman)
Director Coleman presented a Power Point presentation for the
2013-2014 Mid Biennial Budget update. Director
Coleman reviewed the schedule of public hearings and Council
Committee meetings for the 2013 - 2014 Mid Biennial Budget
update. The preliminary property tax assessed valuation is
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CA.A Page 168 of 246
up approximately six percent for 2014. The federal budget,
Marketplace Fairness Act and integration with streamlined sales
tax will have an impact on the economy. The labor
agreements and the annexation sales tax credit that sunsets in
mid 2017 will also have an impact on the upcoming budget.
At 7:43 p.m., Mayor Lewis opened the public hearing on the 2013
- 2014 Mid Biennial Budget. There being no public comment, the
hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Bonnie Tiansing, 29609 57th Place South, Auburn
Ms. Tiansing said she represents the No North Auburn Garbage
Committee. She proposed the transfer station stay in Algona.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee met
September 23, 2013. The Committee forwarded to full Council for
consideration the Century West Task Assignment No. 1 and
Resolution No. 4991 regarding the Wildlife Habitat Assessment at the
Auburn Municipal Airport. The Committee also discussed the Auburn
Valley Humane Society, pet licensing, Ordinance No. 6480,
Resolution No. 4993, and received public comment from John Brekke
regarding siting a transfer station in Auburn. The Committee also
discussed their project matrix. The next regular meeting of the
Municipal Services Committee is scheduled for October 14, 2013 at
3:30 p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development
Committee met September 23, 2013. The Committee discussed the
King County Transfer Station, Ordinance No. 6480, the Auburn
Avenue Theater lease, business licensing, the final briefing on the
flood plain management plan, Ordinance No. 6482, and the multi
family property tax exemption. The Committee also discussed the City
moratorium on cannabis. The next regular meeting of the Planning
and Community Development Committee is scheduled for October 14,
2013 at 5:00 p.m.
Page 2 of 8
CA.A Page 169 of 246
C. Public Works
Chair Wagner reported the Public Works Committee met this
afternoon. The Committee reviewed right of way permits for the
Veterans Day and Santa Parades, the Halloween Harvest festival and
Multi Care Health System, the Committee also reviewed two change
orders for the SCADA system, and on call professional services
agreement for survey services. The Committee discussed the
Gateway project, Ordinance No. 6482, Resolution No. 4999, the
Capital Projects status report, significant infrastructure projects by
others and the action tracking matrix. The Committee had a
joint session with the Planing and Community
Development Committee to hear a briefing on the redevelopment of
the drive in site (Robertson Properties Group Gateway Project). The
next regular meeting of the Public Works Committee is scheduled for
October 25, 2013 at 3:30 p.m.
D. Finance
Chair Partridge reported the Finance Committee met this evening at
5:30. The Committee reviewed claims vouchers in the amount of
approximately $2.5 million and payroll vouchers in the amount of $1.5
million. The Committee also forwarded to full Council for consideration
Ordinance No. 6482, Resolution No. 4993 and Resolution No.
4999. The Committee also discussed Resolution No. 4991, Century
West task order, Symphony Orchestra contracts, and the Washington
Cities Insurance Authority Risk assessment. The next regular meeting
of the Finance Committee is scheduled for October 21, 2013 at 5:30
p.m.
E. Les Gove Community Campus
The next regular Les Gove Community Campus meeting is scheduled
for October 10, 2013
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is
scheduled for November 4, 2013.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. September 16, 2013 Regular Meeting Minutes
B. Claims Vouchers (Partridge/Coleman)
Claims Voucher numbers 425314 through 425613 in the amount of
$2,564,309.54 and two wire transfers numbers 0134 and 0135 in the
amount of $1167.00 and dated October 7, 2013.
Page 3 of 8
CA.A Page 170 of 246
C. Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 534112 through 534155 in the amount of
$314,031.04 electronic deposit transmissions in the amount of
$1,274,563.12 for a grand total of $1,588,594.16 for the period
covering September 12, 2013 to October 2, 2013
D. Public Works Project No. C524A (Change Order 17) (Wagner/Dowdy)
City Council approve Change Order No. 17 in the amount of
$107,595.07 to Contract No. AG-C 401 for work on Project No.
C524A, SCADA System Improvements
E. Public Works Project No. C524A (Change Order 18) (Wagner/Dowdy)
City Council approve Change Order No. 18 in the amount of
$243,747.42 to Contract No. AG-C 401 for work on Project No.
C524A, SCADA System Improvements
F. Century West Task Order (Peloza/Coleman)
City Council approve engineering design services for proposed
improvements at Auburn Municipal Airport
G. Annual On-Call Survey Agreement Amendment (Wagner/Dowdy)
City Council approve an amendment to the Annual On-Call
Professional Service Agreement for Survey Services (AG-C-358) for
2013
Deputy Mayor Backus moved and Councilmember Wagner seconded
to approve the Consent Agenda.
The Consent Agenda includes minutes, claims and payroll vouchers,
public works projects and agreements.
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
The was no new business.
VII. ORDINANCES
A. Ordinance No. 6480 (Backus/Faber)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 2.97 of the Auburn City Code, defining a
process for considering requests for placement of monuments,
memorials and structures to be located in City parks and on City
property
Page 4 of 8
CA.A Page 171 of 246
Deputy Mayor Backus moved and Councilmember Holman seconded
to adopt Ordinance No. 6480.
Deputy Mayor Backus stated the ordinance establishes a process for
the Council regarding future requests from organizations for
monuments or funds for a monuments on City property.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6482 (Backus/Welch)
An Ordinance of the City Council of the City of Auburn, Washington,
amending sections 3.60.036, 3.94.040 and 3.94.060 of the City of
Auburn Code relating to tax exemptions
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Ordinance No. 6482.
Councilmember Partridge stated the tax exemption already exists in
the City. The amendment simply makes the exemption relevant to
the current market.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. RESOLUTIONS
A. Resolution No. 4991 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement
between the City of Auburn and Mead & Hunt, Inc., for a Wildlife and
Habitat Assessment at the Auburn Municipal Airport
Councilmember Peloza moved and Councilmember Osborne
seconded to adopt Resolution No. 4991.
Councilmember Peloza said the assessment is required by the
Federal Aviation Administration (FAA) and is being funded mostly by
grants. The FAA will pay ninety percent of the cost of the assessment,
the State of Washington will pay for five percent and the City will pay
the remaining five percent. Once the assessment is complete, the
FAA will determine if the City needs to mitigate the wildlife at the
airport.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 4993 (Partridge/Heineman)
A Resolution of the City Council of the City of Auburn approving the
Interlocal Agreement between the City of Auburn and Association of
Washington Cities Employee Benefit Trust for health care
Page 5 of 8
CA.A Page 172 of 246
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Resolution No. 4993.
Councilmember Partridge stated the agreement is with Association of
Washington Cites for employee health care.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 4999 (Backus/Welch)
A Resolution of the City Council of the City of Auburn, Washington,
amending Resolution No. 4920 related to temporary reduction of
certain fees by changing the eligibility date
Councilmember Partridge moved and Councilmember Wales
seconded to adopt Resolution No. 4999.
Councilmember Partridge stated the tax exemption credits will expire
by the end of 2013. The City needed additional time to complete all of
the requirements.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Deputy Mayor Backus reported on her attendance at the swearing in
of a new police officer, the interview of a candidate for the
Comprehensive Plan Visioning Project, Employee Recognition
luncheon, the ribbon cutting for Remax Reality South, Auburn Tourism
Board meeting, the Committee of the Whole meeting, the Auburn
Police property crimes presentation at the Senior Center, a
neighborhood meeting, and the See Ya Later Foundation Auction and
Banquet.
Councilmember Wagner reported on his attendance at the Good Eggs
Breakfast, the Valley Regional Fire Authority Board meeting, the Art
Commission meeting and the Regional Access Mobility Project
(RAMP) meeting.
Councilmember Wales reported she attended the opening day at
Green River Community College, the Puyallup River Watershed
meeting, the Sound Cities Association meeting, and the Pierce
Counties Cities and Towns meeting.
Page 6 of 8
CA.A Page 173 of 246
Councilmember Holman reported he attended the Gator Fest at Green
River Community College, the Washington State Forensic
Investigation Council meeting, the second anniversary of the SCORE
facility, and the Green River Community College Foundation Board
strategic planning retreat.
Councilmember Peloza reported he attended the Metropolitan Solid
Waste Advisory Committee meeting, the Auburn Police Department
open house, the Regional Water Quality Committee meeting,
Employee Recognition luncheon, Sound Cities networking dinner, and
the Committee of the Whole meeting. He also reported the Auburn
International Farmers Market has completed another successful
season. The next Farmers Market will be June 8, 2014.
Councilmember Osborne reported he attended the Good Eggs
Breakfast, the Employee Recognition luncheon, the Katherine and
Reta House luncheon, Sound Cities Networking dinner, and the
Master Builders Representative meeting.
Councilmember Partridge reported on his attendance at the Sound
Cities Association networking dinner, the Police Property Crimes
presentation, the Nike Outlet Collection ribbon cutting, and the
Regional Law, Safety and Justice Committee meeting.
B. From the Mayor
Mayor Lewis thanked Councilmember Holman for his comments on
the SCORE facility and noted the City has already seen cost savings
from contracting court services with King County.
Mayor Lewis commented that the State of Washington will need
to complete the Highway 509, Highway 167, and Auburn Way and
West Valley Highway freight corridors in order to stay competitive with
other ports in the region.
Mayor Lewis reported on his attendance at the Good Eggs Breakfast,
Gator Fest where he presented the history of Green River, the
Republic of Korea National Day, the See Ya Later Foundation
Banquet and the King County meeting on the proposed Transfer
Station sites.
X. EXECUTIVE SESSION
At 9:01 p.m., Mayor Lewis recessed the meeting for a five minute
intermission and then to executive session for approximately 20 minutes to
discuss pending/potential litigation pursuant to RCW 42.30.110(1)(i).
Department directors and staff required for the executive included: City
Attorney Daniel B. Heid, Director Dowdy, Director Coleman, and Director
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CA.A Page 174 of 246
Heineman. It was indicated that potential action by the Council could occur
following the executive session.
At 9:23 p.m. Mayor Lewis reconvened the regular meeting.
Councilmember Wagner moved the City approve the settlement
agreement and release between the City of Auburn and Paul Fong and
Nancy Fong in full settlement of King County Superior Court Case # 11-2-
35262-5KNT as to City of Auburn claims against Paul Fong and Nancy
Fong. Councilmember Peloza seconded the motion.
Councilmember Wagner stated the agreement is the settlement of the
lawsuit as to the final defendant in a case where the City sued to enforce
plat requirement for a plat initially started under King County Codes for an
area in the Lea Hill annexation area. This action sought to hold
accountable those who failed to take required action.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:24 p.m.
APPROVED the 21st day of October, 2013.
__________________________ _____________________________
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
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CA.A Page 175 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
October 14, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims vouchers as part of the Consent Agenda.
Background Summary:
Claims voucher numbers 425614 through 425853 in the amount of $7,403,386.03 and
dated October 21, 2013.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:October 21, 2013 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 176 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
October 14, 2013
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 534156 through 534193 in the amount of $915,812.51 and
electronic deposit transmissions in the amount of $1,276,753.01 for a grand total of
$2,192,565.52 for the period covering October 3, 2013 to October 16, 2013.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:October 21, 2013 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 177 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C0915
Date:
October 14, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 8 to Contract No. 12-04 in the amount of
$0.00 and accept construction of Project No. CP0915, Well 1 Transmission Main.
Background Summary:
This project constructed a water transmission line from the Well 1 site to the Howard Road
Corrosion Control Treatment Facility (CCTF) and constructed a replacement storm
drainage mainline on M Street SE, consisting of the following:
l Water main improvements consisted of 4,451 linear feet of new 16-inch main on M
Street SE from the Well 1 site to the Howard Road CCTF along the route depicted on
the attached vicinity map.
l Storm drainage improvements consisted of upgrading 2,433 linear feet of existing 12-
inch main to new 18-inch main along M Street SE from 8th Street SE to Auburn Way
South and addressed street drainage needs along the route.
A project budget contingency of $27,764.00 remains in the 430 Water Utility Fund. A
project budget contingency of $128,471.00 remains in the 432 Storm Drainage Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 21, 2013 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 178 of 246
Project No: CP0915Project Title:
Project Manager: Robert Lee
Initiation/Consultant Agreement
Initiation Date: _10/05/2009___ Permision to Advertise
Advertisement Date: _8/20/2012_ Contract Award
Award Date: _11/20/2012_ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20122013 Future Years Total
430 Fund - Water14,04600014,046
430 Fund - Water (PWTFL)0231,0231,157,68601,388,709
432 Fund - Storm Utility01,899760,0050761,904
Total14,046232,9221,917,69102,164,659
Activity Prior Years20122013Future Years Total
Design Engineering - City Costs5,42520,5840026,009
BUDGET STATUS SHEET
Well 1 Transmission Line
Date: October 14, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Design Engineering - Consultant Costs8,621193,52300202,144
Construction Contract Bid001,576,36901,576,369
Line Item Changes00103,0870103,087
Construction Engineering - City Costs018,81582,0000100,815
Total14,046232,9221,761,45602,008,424
Prior Years20122013Future Years Total
*430 Funds Budgeted ( )(14,046)(231,023)(1,157,686)0(1,402,755)
430 Funds Needed14,046231,0231,129,92201,374,991
*430 Fund Project Contingency ( )(0)0(27,764)0(27,764)
430 Funds Required 00000
Prior Years20122013Future Years Total
*432 Funds Budgeted ( )0 (1,899)(760,005)0(761,904)
432 Funds Needed01,899631,5340633,432
*432 Fund Project Contingency ( )00(128,471)0(128,471)
432 Funds Required 00000
* ( # ) in the Budget Status Sections indicates Money the City has available.
432 Storm Budget Status
430 Water Budget Status
H:\PROJ\CP0915-Well 1 Transmission Line\Budget\CP0915 Trans-BudgetStatusSheet.xls1 of 1CA.D Page 179 of 246
CITY OF AUBURN CO. NO. 12-04
CP0915
PAY.ESTIMATE#8 &FINAL
CONTRACTOR:
Scarsella Brothers, Inc
PO Box 68697
Seattle, WA 98168
Phone: 253-872-7173
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract,which are not set forth in this estimate.I
i
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PAYMENT DUE TO CONTRACTOR= 0.00 i
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Signatures:
i
Contractor Date
G
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Inspector Date 3
Project Manager Date
City Engineer Date
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hlproNWCP0915 PEAS 5 of 5 9f112013 at 822 AM
CA.D Page 180 of 246
CO. NO.12-04 CITY OF AUBURN CP0915,Well 1 Transmission Main
Well 1 Transmission Main PROJECT SUMMARY CO. NO. 12-04
PAY ESTIMATE#8&FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period Percent/Contract
SCHEDULE A: Stone Utility Improvements
Contract 408,807.50 $ 408,997.65 100%
NO TAX
Retainage(-5%) 20,449.88) $
SCHEDULETOTAL $ 408,807.50 $ 388,547.77 0.00
SCHEDULE B: Water Utility Improvments
Contract 678,024.50 $ 775,530.73 $0.00 114%
Sales Tax(+9.5%) $ 64,412.33 $ 73,675.42 $
Retainage(-5%) 38,776.54) $
SCHEDULETOTAL $ 742,436.83 $ 810,429.61 0.00
SCHEDULE C: Street Improvements
Contract 425,125.00 $ 421,25173 0.00 99%
NO TAX
Retainage(-5%) 21,062.59) $
SCHEDULETOTAL $ 425,125.00 $ 400,189.14 0.00
OVERAL PROJECT SUMMARY
TOTAL Contract 1,605,780.11
TOTAL Sales Tax(+9.5%) 73,675.42
TOTAL Contract Payment 1,679,455.53 106.5%
TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax-Sch B) 1,679,455.53
TOTAL PAYMENT TO CONTRACTOR 1,599,166.52 $
PAYMENT DUE CONTRACTOR:0.00
Period Dates
Begin: June 21,2013
End: Aug 20,2013
h:\prollpekCP0915 PE.)ds 1 of 1 10/142013 at 11:51 AM
CA.D Page 181 of 246
CITY OF AUBURN CO.NO.12-04
CP0915 Well 1 Transmission Main
PAY ESTIMATE#8&FINAL SCHEDULE C: Street Improvements
ITEM ESTIMAT I TOTAL PERIOD UNIT PERCENT EST.
NO. ITEM DESCRIPTION E I QUANTITY QUANTITY TYPE
UNIT COST TOTAL COST PERIOD COST
QTY.
67 Construction Site Sighs 4 3 FA 1,000.00 $3,000.00 $75%
68 ra c Control Laibor ZF7lin. per our 1,300 2564 HR 50. $ 128,200.00 $ 197%
69 Tim oCntrol- upermsor 1 7 LS 1001000.00 $ 100,000.00 $ 10D%
7D equentiaTArrow Sig n 60 71 DAY 50.00 $3,550.00 $
71 7oAa6fe Oh—an geable Message ign 60 59 A 73-W $4,425.00 $ 98%
72 ANl1 Ol f2-lncF-i PGB E2( ass 1,580 112L06 TON 86.00 $ 964 12.88 $ 71
73 GornmerclirHMA, 43.23 TON 1 5.ff $5,836.05 $ 62%
74 Planing bituminous Pavement 8,800 4754.51 SY 2.00 $9,509.00 $ 54%
75 Temporary Water Pollution/Erosion ontro 1 0 Eq.Ad. 10,000.00 $ 0%
76 Lam Sod 340 436.21 SY 6.75 -$ ._ 2,944.35 $ 128%
77 Ops01 ype 45— C — -37.00 $1,461.50 $ 88%
78 Hark Mulch 20 D CY _ _ 40.00__ $ _ 0%
79 Landscape Restoration 1 OS3284 Eq.Adj. 10,000.00 $ _ 5,328.40 $ 53%
80 ra is igna ysern ompee 1 111 L ____ 5,000.00 £ 25,000.00 $ 100-A
81 Temporary Video Detection s em t i 23,000.00 $ __25,000.00 $ -__,_ 100%
82 a1n ine- In v4 a 4,750 602211 L 0.40 $3,208.80 $ 169%
83 am ne- In wi a I 2,7UU 2188 0.5 i $ _1,094.00 3 81%
84 astc ne- m wt a 1,460 795 2. 5 . $1,788.75-,$ _______54%
85 as t2 rossw to ee an op ar 1nc 427 4.00 $1,708.00 1 S- _ - 17896
86 es C fa C rrow 16 17 1,105.00 $106%
87 Plastic ra Ic Letter 28 11 1,680 no I $ 70°A I
SCHEDULETOTAL 0.00
I
Period Dates
Begin: June 21,2013
End: Aug 2D.2013
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CA.D Page 182 of 246
CITY OF AUBURN CO.NO.12-04
CP0915 Well 1 Transmission Main
PAY ESTIMATE#8&FINAL SCHEDULE B: Water Utility Improvments
NO. ITEM DESCRIPTION I ESTIMATE
UANTITY QUANAT7'IY
PERIOD UNIT
TYPE I UNIT COST TOTAL COST PERIOD COST PERCENT EST
34 minor 1_ 1.6414848 q.Adj. 50,W0.00 $ 82,074.24 $ 164%
35 i o o ing 40 60 EA 0 $ 24,000.00 $ 150%
36 Mobilization 1 1 1.00 S ___ _ 1.00 $ 100%
37 Removal o Structures an s_NCtlons 1 3,000.00 $3_,0_0.0.00_ $ _ 100%
38 Remove an Reset Fence 20 0 LF _ 46.00 0%
39 Removal o Concrete or Aspheft Pavement j0 945.4 16.80 8 15_,ae2,72 $ 350%
a0 Removal o Cement oncrete Flat Work __ -49.2 10.00 $ _ _ 492.00 $21%
41 Removal o Curb an Gu-ffei 320 598 LF 8.00 _s 4,7884.00 $ 187%
42 nsln a e oun a on cavation Induding 40 0 CY 10.00 5 0°F,
43 rave rrow n u Ing au __- 35 0 TON 10.00'; S _0%
as onng or xtm v-Fzca aTGlass 6- 33,150 36282 SF 0.01 5 362.82 $
45 Crash Surfacing Base Course 1,200 _ _2440.86 N 27.00 I E 65,903.22 $ 203%
46 RMA 1..1-n ass 860 1736.59 3. is 148,478.45 5 -- _ 202%
47 Asphalt o Patch 100 _ __170.98 110.00 5 18,807.80 S _ _ _ _ - -- _ 171%
a8 Pipe Foundation Material 170 0 20.00 S 0%
49 imported Ipe bedding 2,750 1652-41 12.00 $ 19,828.92_ _$ 60%
50 belect I rench t3acli 6,600_ _ 0 0.01 s __
51 Controlled Density i or Trench- _ 50 _ 0 C 0.00 $ 0%
52 peas ass u ie iron Pipe or ate 4,500 _ __ 4451.14 LF 73.30 $ 3W.268.56 _g _ _ _ 99%
53 Relocation o s ng •i aer ain __ i _ __ 0 500.00 $ 5 0%
54 Relocation of Fining inc Water Main 4 0 5, 0.00 E S o%
55 Relocation o s ng 12-inch Water Main 3 _ 0 8,500.00 $ 5 _ 0%
56 2Anch Permanent owo ssem y
F320
1 EA 2,350.00 $2,350.00 $ _ ____ 100%
57 -mc emporary owo ssem y -_ 2 2 1,260.00 $ _ 1,520.60 -_ _100%
58 a a ve, i lam. 6 6 2,775.00 S %6,650.00 S 100%
59 om na on r ease r a uum Vatde _ 1 EA 2,215.1)0 15 2,215.00
6o y ran ssem y 1 -1 4,30000 5 4,300.00 5 100%
61 atef ervicR nrt Ian °in efef wlth 1 6 _ _ 6 2,400.00 $ 14,400.00_E 1062emenoncrearaIcuranel563L25.00 $ 14,575.00 $ 1863nuSlaanommercianvewaypron3 __ 49 65.00 $ __3,377%
64 onumen ype o ile 1 1 0. 5 500.00 $
65 emen oncrefe evra 04 _ 49.2 2,952.00 $ 47%
66 Relocate Permanent Traffic ign and Posf--- 1 4 EA 500.00 $2,000.00 S 400°
SCHEDULE TOTAL 0.00
0.0094864
Period Dates
Begin: June 21.2013
End: Aug 20,2013
haproiipe1CP0915 PExls 2 of 5 9/11/2013 at 8:22 AM
CA.D Page 183 of 246
CITY OF AUBURN CO.NO. 12.04
CP0916 Well 1 Transmission Main
PAY ESTIMATE#8&FINAL SCHEDULE A: Storm Utility Improvements
ITEM ESTIMATE I TOTAL PERIOD UNIT PERCENT EST.
NO. ITEM DESCRIPTION QUANTITY QUANTITY QUANTITY TYPE
UNR COST TOTAL COST PERIOD COST
TY
1 MinorChanges 1 0.479774 Eq.Ad.9,595.48 S 48%
2 Utility o o mg 30 zs _ _ _ EA 4 0.00 $ __ 10,400.00 $ 87%
3 o i¢a oiAf6T-1- n 1 i _ 4 40.000.00 $ 100°A
4 emov cures and Obshuchons 1 7 -L 6,000.00 $ 100%
5 F:emO fFencc 10 _ _ 0 L 40. $ a%
6_ erf—lVaoof-Concrete or Asp a avemen 110 _ 688 SY 16.80_ $ 625%
7 Rem Val of Cement oncreie Flat Work 160 65 3 SY 10.00 _$_ 653.00 $41%
8 Removal of Curti a I
utter 535 L 8.00 S 4,280.00 S 191%
9 Abandon Existing Cat sms 5 s 0A 1,200.00 $ 120%
io Unsuitable Fouridation Ezcava on n ing o 0 CY 10.00 $ 0%
11 Gravel Borrow nduding Haul-'- 40 6 TO 10.00 $ _ _ - $ 0%
12 onng or m xcavation Class__ 21,000 21884 duF 218.84 $
13 Crushed U acing Course _ 790 927.64__ TON 27.00 $ 25,046.28 $
14 1-inch 134-22 (Class E) 580 —78826-- __ TON 85.50 $ 67,398.23 S 136%
15 p e o a 100 56.83 TOR- 110.0 I$6,2-51-.3-0 $ 579/6
16 o v ny hrrid"e(PVC)Storm 2,40 2433-' --LF 37.00 $ 9.6.821.00 $ 101%
17 a o wny ode(PVC) form 210 206 LF 43.0 S _ 8,858.00 $ 98%
18 u e r acial Class 52,Storm I 296 _--_ S _ 24,272.00 $ 104%
18 Storm Sewer Television Inspection 2,895 2924 3.00 S 8,772.00 $ 101%
20 a asn ype - - 18 17 - _ EA 60.00 5 _ 21,420.00 S 94%
21 a assn ype ,48 inch Diam. 12 11 S 25,960.00 $ 92Y°
22 a asm ype mch Dian. 1 1 1 _--- FA 3,915. !S _ 3,915.00 $ 100%
23 Uo-n-n-k o xis mg afch Basin 6 9 _ - EA 500.00 is 4,500.00 $ JIWA
24 ipe oun a ion Material _ _ 110 0 TON 20.00 $ _ o%
25 mp a Pjo6edding 1,700 1344.76 12 1_6_,13712 $ 790%akfill T N26Seed[TrencTB
27 on a e ensly Fill(CDF)for ren 50
h
0%
28 t c e ensily Fih(CDF)for- illing ape 80 n 100 00 S _7,700.00 $ 96%
29 m iam. -SFde-Sewer 30 0 LF__81.50 S S 0%
30 Cement Concrete Traffic u an Gutter _ 280 437 LF _25.00 $ 10.9251W S
31 n us na an ommercia rry eway Apron _—_ 13 0 SY
32 Cement Concrete ewa TT--_ _ _ 65.3 SY __ 60.00 $3,918.00 S 54°b
33 a oca a Permanent ra is Sign an 0 1 0 EA 500.00 1 $
SCHEDULETOTAL 0.00
I
Period Dates
Begin: June 21,2013
End: Aug 20,2013
hipmj1pe1CP0915 PE.xis 1 of 5 9/1112013 at 8:22 AM 1
CA.D Page 184 of 246
CA.D Page 185 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1003
Date:
October 11, 2013
Department:
Administration
Attachments:
Lea Hill Park - Project Acceptance
Budget Impact:
$0
Administrative Recommendation:
City Council approve final pay estimate and accept construction of the Lea Hill Park
Project, Contract No. 12-13, Bargmann Enterprises, LLC.
Background Summary:
Lea Hill Park - 12305 SE 316th St. Auburn, WA. Construction of a new 5 acre park on a
7 acre parcel including earthwork, grading, drainage, irrigation, utility installation, a
picnic shelter, a play area, two sport courts, a ball field with backstop, a skate spot,
pervious asphalt trail and roadway improvements.
A summary of all pay estimates including the final pay estimate #7 is attached. All pay
estimates have been paid.
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Faber
Meeting Date:October 21, 2013 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 186 of 246
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Call for Public Hearing - 2013-2014 Biennial Budget Mid-
biennial Review
Date:
October 10, 2013
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to call for a second public hearing to be held November 4, 2013 to receive
public comments and suggestions with regard to the proposed mid-biennial
modifications to the 2013-2014 Adopted Biennial Budget.
Background Summary:
This second public hearing provides an opportunity for any citizens to make comments
or suggestions prior to review and publication of modifications to the 2014 adopted
budget. The first public hearing was held on October 7, 2013.
Reviewed by Council Committees:
Finance
Councilmember:Partridge Staff:Coleman
Meeting Date:October 21, 2013 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 190 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4995
Date:
October 14, 2013
Department:
Public Works
Attachments:
Resolution No. 4995
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No 4995.
Background Summary:
Resolution 4995 authorizes the surplus of the following equipment and vehicle:
Public Works Department – Equipment Rental Division:
The following equipment no longer functions and is beyond repair:
l 6474A – LineBlazer 3900 2-Gun Paint Sprayer - Fixed Asset 55000 P035H
The following vehicle has reached it’s service life and has been replaced and there is
more value in selling the vehicle then in retaining and repairing:
l P100C – Jeep Liberty VIN; 1J4GL48K24W246337 – Fixed Asset 55000P100C
Innovation and Technology Department:
The following equipment is obsolete and/or non-repairable:
l 8 CRT monitors
l 30 LCD monitors
l 9 Printers
l 3 Fax machines
l 4 UPS Battery Backup
l 2 CRT Televisions
l 3 Coban Units 2
l 5 Computers (Optiplex GX620)
l 10 Laptops
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 191 of 246
Finance, Public Works
Councilmember:Partridge Staff:Dowdy
Meeting Date:October 21, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 192 of 246
RESOLUTION NO. 4 9 9 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON DECLARING
CERTAIN ITEMS OF PROPERTY AS SURPLUS
AND AUTHORIZING THEIR DISPOSAL
WHEREAS, the City of Aubum Public Works and Information &
Technology Departments have a numberof items which are no longer of use to
the City; and
WHEREAS, it wouid be appropriate to surplus the property and dispose of
it by auction or other sale mechanism, or to dispose of it, in whole or in part,
through gift to another govemmental agency or an appropriate charitable non-
profit entiry, as deemed most expedient,by the Mayor.
NOW, THEREFORE, THE CITY COUNCIL OF TFiE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as fotlows:
Section 1. Purpose. That the property identified below is declared
to be surplus, and the Mayor is authorized to dispose ofi and convey such
property through appropriate sale or donation to another govemmental agency or
charitable non-profd eMity.
Public Works Deoartrnent
EQUIPMENT RENTAL DIVISION:
The following equipment no longer functions and is beyond repair:
6474A— LineBlazer 3900 2-Gun Paint Sprayer - Fixed Asset 55000 P035H
Resolution No. 4995
October 16, 2013
Page 1 of 3
RES.A Page 193 of 246
Thefiollowing vehicle has reached itsse_rvice life and has been replaced and
there is more value in selling the vehicle then in retaining and repairing:
P100C—Jeep Liberty VIN; 1J4GL48K24W246337 — Fixed Asset
55000P100C
lnnovation and Technolostv Departrnent
The following equipment is obsolete and/or non-repairable:
8 CRT monitors
30 LCD monitors
9 Printers
3 Fax machines
4 UPS Battery Backup
2 CRT Televisions
3 Coban Units
25 Computers (Optiplex GX620)
10 Laptops
Section 2.. Implementation. That 4he Mayor is authorized to
implement such administrative procedures as may be necessary to carry ouYthe
directives of this legislation.
Section 3. Effective Date. That this Resolution shall take effect
and be in full force upon passage and signatures hereon.
Dated and Signed this day of 2013.
CITY OF AUBURN
PETER B. LEWIS
ATTEST: MAYOR
Danielle E. Daskam, City Clerk
Resolution No. 4995
Octoberl6, 2013
Page 2 of 3
RES.A Page 194 of 246
APP ED T
Daniel B. H ,id, C' Atto
Resolution No.4995
October 16, 2013
Page 3 of 3
RES.A Page 195 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4996
Date:
October 16, 2013
Department:
Public Works
Attachments:
Resolution No. 4996
Attachment 1
Exhibit A
Payback Area Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4996.
Background Summary:
Resolution No. 4996 authorizes the Mayor and City Clerk to execute a Payback
Agreement with SFGVI Properties, LLC. SFGVI Properties, LLC completed the facility
extension (FAC12-0005) for sanitary sewer facilities to serve their property. In
accordance with Auburn City Code 13.20.270 and the City of Auburn’s Comprehensive
Sewer Plan, the sanitary sewer line was extended to and through their property and was
designed and constructed with sufficient capacity to provide benefit to additional
properties that currently do not have sanitary sewer service. The City of Auburn has
established a Payback Agreement to provide reimbursement to the developer for the
benefit received by the additional property owners.
If approved, property owners of properties that benefit from this extension will be
assessed one of the following charges if and when they receive a permit to connect to
the sewer system:
1.Front Footage Charge-Properties located adjacent to the extension will be charged
an amount equivalent to half the cost to install an eight-inch diameter pipe along
their property frontage.
2.Area Charge-Each benefiting property, as listed in the proposed agreement, will be
charged the amount specified in the agreement multiplied by the number of
Residential Customer Equivalents (RCE’s, which are the equivalent of a single
family residence) that they connect to the system. This charge reimburses the
developer for constructing the extension through areas with no developable
property frontage (steep slopes, cemetery burial areas).
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 196 of 246
City staff has reviewed the overall project costs and supporting documentation as well
as the proposed method of allocating the costs. Staff recommends approval of the
agreement.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 21, 2013 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 197 of 246
RESOLUTION NO. 4 9 9 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A PAYBACK
AGREEMENT BETWEEN THE CITY OF AUBURN
AND SFGVI FROPERTIE8, LLC FOR
DEVELOPER'S SANITARY SEWER EXTENSION
WHEREAS, Chapter 13.40 of the Aubum City Code (ACC) authorizes the
City Engineer to develop, implement, and administer facility extension payback
agreements for utility improvements, and to execute those agreements upon
Council approval; and
WHEREAS, SFGVI Properties, LLC has constructed the utility
improvements described in the attached payback agreement, and has agreed to
deed those improvements to the City; and
WHEREAS, pursuant to ACC 13.40.030, the City has received and
approved plans for the improvements; and
WHEREAS, the City Council finds that entry into the payback agreemeM
is in 4he best interest of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to
execute a Payback Agreement between the City and SFGVI Properties, LLC, for
Developer's Sanitary Sewer Extension in the form substantially as the agreement
ResolutiDn No. 4996
October 7,2013
Page 1 of 2
RES.B Page 198 of 246
attached hereto, marked as Attachment "1° and incorporated herein by this
reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necess.ary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2013.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP VED AS FORM:.
Daniel B. Heid, City Attomey
Resolution No.4996
October 7, 2013
Page 2 of 2
RES.B Page 199 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 1 OF 7
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
Reference # (if applicable): N/A (unless previous recording #)
Grantor : City of Auburn
Grantee : SFGVI Properties, LLC
Legal Description / STR: Sections 29-32, Township 20 North, Range 5 East
Assessor’s Tax Parcel ID#: See Exhibits C & E
This Agreement made and entered into this __________ day of ______________,
2013, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and SFGVI Properties, LLC, whose address is
188 106th Ave NE, Suite 600, Bellevue, WA 98004 hereinafter referred to as
DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No. 4996, adopted by the City Council of the CITY on the 1st day of July, 2013,
approved the execution of this Payback Agreement with the DEVELOPER above and
referring to facilities described herein; and
RES.B Page 200 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 2 OF 7
WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to
accept the bills of sale found as Exhibit A, attached hereto, as part of the utility systems of
the CITY;
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. DEVELOPER
At the time of construction, the above-described DEVELOPER was the record
OWNER of real property legally described in Exhibit A, submitted by the
DEVELOPER and attached hereto.
“DEVELOPER” shall include successors, heirs, and assigns. The term shall
include a bankruptcy estate and a receivership as long as the City receives notice of
the bankruptcy or receivership as the law requires for notice to creditors, and the
DEVELOPER provides the notice required by section X of this agreement.
II. FACILITIES
The facilities which have been constructed by the DEVELOPER herein are as
shown in the attached Exhibits 1, incorporated herein by this reference, and
processed as Developer Public Facility Extension herein referenced as FAC12-
0005, the originals of which are on file at the office of the City Engineer. The
facilities have been constructed in accordance with the ordinances and
requirements of the CITY governing the construction specifications for facilities of
such type, and have been approved by the City Engineer.
III. AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities constructed by the DEVELOPER are
shown on Exhibits B, C, D-1, D-2, and E, incorporated herein by reference. Any
owner of real estate in the benefit area as shown on the attached Exhibits B, C, D-
1, D-2, and E, shall pay as a condition for connecting to the facilities, an amount as
identified in Section V. All property within the benefit boundary shall be subject to
the connection fee as provided in this agreement as a condition of issuance of the
connection permit by the CITY.
IV. TERMS
For a period of 20 years from the date that the City formally accepts the
developer’s utility extension, any owner (latecomer) of real estate legally described
in Section III, and which owner has not fully contributed their pro rata share to the
RES.B Page 201 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 3 OF 7
original cost of the above-described facility, shall pay to the CITY the amounts
shown in Exhibits C and E attached hereto. The charge herein represents the fair
pro rata share of the cost of construction of said facilities payable by properties
benefited. Payment of the latecomers pro rata share is a condition of issuance of
the connection permit by the CITY.
The CITY shall reimburse the DEVELOPER within 60 days of the date the City
receives payment from a person requesting connection to the facilities.
Upon the expiration of the 20-year term, any moneys collected by the CITY will
not be reimbursed to the DEVELOPER.
V. AMOUNT OF REIMBURSEMENT
Sanitary sewer collection facilities: The DEVELOPER, his successors, heirs and
assigns, agrees that the amounts which the DEVELOPER is reimbursed from the
property owners as specified in Section III of this Agreement, represents a fair pro
rata share reimbursement for the DEVELOPER'S construction of the facilities
described in Section II of this Agreement. The specific amount of reimbursement
for the parcels subject to a “front-footage charge” as shown on Exhibit B and
listed in in Exhibit C, shall be as listed in Exhibit C. Reimbursement for the parcels
subject to the “area charge,” as shown on Exhibit D and listed in Exhibit E, will be
the number of residential customer equivalents (RCE’s) to be connected to the
system under a sewer permit multiplied by $2,236.80.
The total amount of reimbursement to the DEVELOPER for sanitary sewer
facilities from all applicable charges shall not exceed $562,718.11
VI. NOTICE AND REVIEW
Prior to passing the Resolution authorizing this agreement, the CITY, shall have
mailed to the property owners of the parcels listed in Exhibits C and E, as reflected
in the records of the King County Recorder’s Office, as specified in Section III,
notification of the allocation of costs to be levied against the properties which are
payable prior to connection to the systems. The property owner shall have the
right to review the costs with the City Engineer within 21 days from the date of
said notice for the purpose of requesting an adjustment in the allocation of the
charge to the property.
If the City Engineer, upon requested review by a notified property owner(s), does
find cause for adjustment in the allocation of the charge to the benefited
pro perty(s), such adjustment will be made and the DEVELOPER will be notified
of the adjusted amount(s) prior to recordation. The resulting adjusted Exhibits C
RES.B Page 202 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 4 OF 7
and E shall govern reimbursement amounts to be received by the DEVELOPER. If
the adjustment results in an increase to the charge for other parcels, the
notification process in this agreement shall be repeated.
VII. EFFECT OF AGREEMENT
The provisions of this Agreement shall not be effective as to any owner of real
estate not a party hereto unless this Agreement has been recorded in the office of
the County Auditor of the County in which the real estate is located prior to the
time such owner receives a permit to connect to said facilities. The DEVELOPER
shall provide the CITY with proof of recording.
If for any reason, the CITY fails to secure a latecomer payment for Owner's fair
pro rata share of the cost of the facilities, before connection to the extension, the
CITY is not liable for payment to the DEVELOPER.
The entire responsibility recordation and completion of this Agreement is upon the
DEVELOPER, who agrees to do all and to hold the CITY harmless.
VIII. OWNERSHIP OF FACILITY
The DEVELOPER has constructed the facilities described in Section II of this
Agreement, which facilities have been accepted by the CITY as satisfactory.
The facilities have become a part of the municipal system of the CITY. All
maintenance and operation costs of said facility shall be borne by the CITY.
IX. UNAUTHORIZED CONNECTION
Whenever any connection is made into the facilities described in Exhibit A under
this Agreement which is not authorized by the CITY, the CITY shall have the
absolute authority, but not the obligation, to remove or cause to be removed such
unauthorized connections and all connecting lines or pipes located in the facility's
right -of-way. The CITY shall incur no liability for any damage to any person or
property resulting from removal of the unauthorized connection.
X. CURRENT ADDRESS & TELEPHONE NUMBER
The DEVELOPER shall keep a current record of his/her address and telephone
number on file with the City Engineer, and shall within 30 days of any change of
said address and/or telephone number, notify the City Engineer in writing. If the
DEVELOPER fails to do so, the parties agree that the CITY may authorize
connections resulting therefrom and not incur any liability for the non-collection
and/or non-reimbursement of charges to the DEVELOPER under this Agreement.
Every two years from the effective date of this agreement, shown on page one, the
DEVELOPER shall notify the City Engineer of its current name, address, and
telephone number. If the DEVELOPER fails to provide such information within
RES.B Page 203 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 5 OF 7
sixty (60) days of each anniversary, the CITY may collect and retain any
connection charges owed to the DEVELOPER under this contract
XI. ADMINISTRATION
Any inquiries regarding the administration of this agreement shall be directed to
the City Engineer.
XII. COVENANT RUNNING WITH THE LAND
This Agreement shall be binding on the DEVELOPER, its successors, heirs and
assigns and shall so be binding on the legal owners of all properties described
within the benefit boundary of the area as shown in the attached Exhibits B, C, D,
and E, their successors, heirs and assigns. The DEVELOPER agrees to pay all
fees for recording this Agreement with the County Recorder’s Office. The
DEVELOPER shall make the actual recording and provide the CITY with
confirmation thereof.
XIII. HOLD HARMLESS
The DEVELOPER will defend, indemnify, and save the CITY and the CITY'S
officials and agents harmless from all claims and costs of defense, arising out of
this agreement, including but not limited to attorney's fees, expert witness fees, and
the cost of the services of engineering and other personnel whose time is
reasonably devoted to the preparation and attendance of depositions, hearings,
arbitration proceedings, settlement conferences and trials growing out of the
demands and/or actions of property owners incurred in the performance or
completion of this Agreement.
XIV. CONSTITUTIONALITY OR INVALIDITY
If any section, subsection, clause or phrase of this Agreement is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this
Agreement, as it being hereby expressly declared that this Agreement and each
section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted and approved and ratified irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
CITY OF AUBURN
Peter B. Lewis, Mayor
RES.B Page 204 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 6 OF 7
ATTEST: APPROVED AS TO FORM:
Danielle Daskam, City Clerk Daniel B. Heid, City Attorney
DEVELOPER:
Signature Signature
TITLE: TITLE:
RES.B Page 205 of 246
_________________________________________________________________________________________________________
PAYBACK AGREEMENT
DEVELOPER’S EXTENSION
PAGE 7 OF 7
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E.
Daskam were the persons who appeared before me, and said persons acknowledged that
they signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
mentioned in this instrument.
Dated _______________________
Notary Public in and for the State of Washington
My appointment expires
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
is/are the person(s) who appeared before me, and
said person(s) acknowledged that he/she/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as the
of
a limited liability company, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated ___________________
Notary Public in and for the State of Washington
Residing at
My appointment expires
RES.B Page 206 of 246
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Stipp's Meadow Sewer Payback Area
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
9/25/2013
RES.B Page 215 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4997
Date:
October 15, 2013
Department:
Finance
Attachments:
Resolution No. 4997
Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4997.
Background Summary:
The Washington State Department of Ecology (Ecology) requests to enter into an interlocal
agreement with the City of Auburn for the 2013-2015 Coordinated Prevention Grant
Program. Ecology has appropriated $108,869.00 for the City to promote waste reduction and
recycling. The remaining 25% match of $36,289.67 will come from a King County Waste
Reduction and Recycling Grant.
The City of Auburn Solid Waste Division will use the grant funds for the following programs:
1. Residential Recycling: Staff will promote waste reduction and recycling to residents
through a newsletter, presentations at community events, and a community yard
sale. Special emphasis will be placed on reaching non-English speaking residents and
mobile home parks.
2. School Education and Outreach: Staff and a consultant will continue the School
Recycling and Waste Prevention Campaign directed at Auburn School District students.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:October 21, 2013 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 216 of 246
RESOLUTION NO. 4 9 9 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE
ACCEPTANCE OF GRANT FUNDS IN T.HE AMOUNT OF
ONE HUNDRED EIGHT THOUSAND fIGHT HUNDRED
SIXTY-NINE DOLLARS ($108,869.00), AND AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE DEPARTMENT OF
ECOLOGY AND THE CITY OF AUBURN TO ACCEPT
SAID FUNDS FOR IMPLEMENTATION OF THE2013-2015
COORDINATED PREVENTION GRANT PROGRAM
WHEREAS, King County and the City of Auburn have adopted the King Courriy
Solid Waste Management Plan, which indudes recycling and waste reduction goals;
and
WHEREAS, in order to help meet these goals, the Department of Ecology with
King County Solid Waste Division has established a waste reduction and recycling
grant program forthe suburban cities; and
WHEREAS, this program provides funding to further the development of loca
waste reducfiort and recycling for Auburn businesses and residents.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETWG DULYASSEMBLED, HEREWITH RESOLVES AS>FOLLOWS:
Section 7. The City hereby approves acceptance of the grant in the amount of
ONE HUNDRED EIGHT THOUSAND EIGHT HUNDRED SIXTY-NINE DOLLARS
108,869.00), which constitutes reimbursement of funds for implementing the 2013-
2015 Coordinated Prevention Grant Program.
Resolution No. 4997
Octoberl7, 2013
Page 1 of 2
RES.C Page 217 of 246
Section 2. The Mayor of the City of Auburn is authorized to execute an
Interlocal Agreeme t with the Department of Ecology for the reimbursement of said
funds, a copy of which Agreement is attached hereto, designated GranY Number
G1400114 and is incorporated by reference herein. The Mayor is also authorized to
facilitate such other action as is called for to appropriate such funds in accordance with
Chapter 35A.33 of the Revised Code of Washington.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out directions of the legislation.
Section 4. This Resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2013.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APP OVED S TO FORM:
i
aniel B. Heid,
City Attorney
Resolution No. 4997
October 17, 2013
Page 2 of 2
RES.C Page 218 of 246
COORDINATED PREVENTION GRANT (CPG) AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF AUBURN
Grant No. G1400114
RES.C Page 219 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 2 of 19
This is a binding agreement entered into by and between the State of Washington Department of Ecology,
hereinafter referred to as the “DEPARTMENT” or as “ECOLOGY”, and the City of Auburn, hereinafter
referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION:
MAILING ADDRESS:
CITY, STATE, ZIP:
City of Auburn
25 West Main Street
Auburn WA 98001-4998
RECIPIENT GRANT COORDINATOR:
TELEPHONE:
E-MAIL:
Joan Nelson
253-931-5103
JeNelson@auburnwa.gov
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
E-MAIL:
Consuelo Rogel
253-804-5023
crogel@auburnwa.gov
ECOLOGY:
TELEPHONE:
E-MAIL:
Diana Wadley
425-649-7056
Diana.wadley@ecy.wa.gov
FUNDING SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
Local Toxics Control Account
$145,158.67
$108,869.00
$36,289.67
75 %
91-6001228
EFFECTIVE DATE OF THE AGREEMENT: 07-01-2013
EXPIRATION DATE OF THE AGREEMENT: 06-30-2015
RES.C Page 220 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 3 of 19
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT’S activities to be performed under this agreement.
Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget.
The RECIPIENT must complete all deliverables by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing.
Note: The term “task” as used in this agreement is interchangeable with the term “project” as used on the
online Solid Waste Information Clearinghouse and “element” as used on payment request forms.
The “Maximum Eligible Cost” is the maximum amount of eligible costs incurred by a RECIPIENT that
ECOLOGY can reimburse at a rate of 75 percent under this grant.
RECIPIENT shall identify the work plan and activities by “Quarter.” A quarter is defined by calendar
year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes
to the work plan with the ECOLOGY Financial/Project Manager. ECOLOGY shall document mutually
agreed changes to the plan in writing.
Expenses relating to the collection and recycling of mercury containing lights shall be eligible for CPG
reimbursement until such time that the Mercury Light Recycling program is fully implemented or the
grant agreement expires, whichever is the earliest date.
CATEGORY: Waste Reduction and Recycling
1. TASK TITLE: Residential Education and Outreach
Maximum Eligible Task Cost: $92,980.67
Task Description: The RECIPIENT will use different forms of media and promotional
items throughout the grant period to promote waste reduction and recycling programs to
residents. Efforts may include, but are not limited to: producing and mailing a newsletter to all
single-family residents that includes waste prevention and recycling information, distributing
posters and flyers, releasing social media messages, and hiring a consultant to give waste
reduction and recycling presentations at various community events. A special emphasis will be
placed on reaching non-English speaking residents (primarily Hispanic/Latino) and mobile
home parks. To that end, a partnership will be formed with the City's Community Services
Division to enhance cultural diversity outreach efforts, and recycle cart checks for
contamination in mobile home parks will occur both pre- and post- outreach.
Promotion specifically targeted to increasing the volume of offsite-composting of organics is
not eligible during this grant cycle. However, materials or programs addressing contamination
in food and yard waste carts is eligible.
The RECIPIENT is advised to contact its Ecology Financial/Project Manager for prior approval
of promotional giveaway items. See page 49 of the 2013-2015 CPG Guidelines for further
information.
RES.C Page 221 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 4 of 19
Target Audience: Residents within the City of Auburn (single-family, mobile-home, and
non-English (primarily Spanish-speaking)).
Goal Statement: The goal of this task is to increase knowledge and practice of waste
reduction and recycling among City of Auburn residents by developing new programs and
bringing awareness to existing programs.
Outcome Statement: The RECIPIENT will increase the annual average residential
commingled recycling diversion rate in its Waste Management and Republic Services areas
from 21% to 28% and participation rate from 90% to 95%. The RECIPIENT also hopes to see
a reduction of contamination in mobile home recycle carts from the current 38% (mostly odd
plastics) to less than 10%.
Estimated outcomes produced with available budget:
Recycling/Reuse: 5,060 tons
Residential Contacts: 20,586 households via newsletter mailings
Residential Participants: 5,500 residents via outreach events
Work Plan, Deliverables and Timeline:
GRANT- YEAR 1 GRANT- YEAR 2
Jul- Sep Jul- Sep
Write Service Agreement & hire consultant. On-going outreach.
Oct- Dec Oct- Dec
Plan Outreach Program and printed
materials; Evaluate progress of Program Plan
& write Mid-year Summary for 2013.
On-going outreach; Evaluate Program &write
Mid-year Summary for 2014.
Jan-Mar Jan-Mar
Print and mail outreach pieces. Schedule
community events.
Print & mail outreach pieces. Schedule
community events.
Apr -Jun Apr -Jun
On-going outreach. On-going outreach; Evaluate & write Final
Summary report 2013-2014.
RES.C Page 222 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 5 of 19
Method of Evaluation: The RECIPIENT will evaluate this task by: using the tonnage
reports from the solid waste haulers, tracking the number of participants or attendees at events,
tracking the number of materials distributed at presentations and events, and via pre-post
contamination cart checks.
2. TASK TITLE: Community Yard Sale
Maximum Eligible Task Cost: $ 20,938.00
Task Description: The RECIPIENT will promote waste reduction, reuse, and recycling by
sponsoring a three-day city-wide yard sale for all single-family residents. Activities include
promotion of the event and distribution of free “Yard Sale Tool Kits” to registered participants.
The annual Residential Bulky Item Collection, which preceeds the Yard Sale, demonstrates the
need for a re-use program. Residents are allowed to put appliances at the curbside (for
recycling) and large bulky items (for disposal) - many items placed out for collection are
reuseable. Educational material distributed to residents in a newsletter provides alternative
recycle and reuse locations for these items.
Target Audience: Residential households.
Goal Statement: The goal of this task is to encourage residents to reduce their waste by
reusing items and recycling appliances and other items accepted in the local markets.
Outcome Statement: The RECIPIENT will have at least 250 households participate in the
community yard sale. The sale will divert an estimated 6.25 tons of reusable items (50 lbs. per
household) from the landfill.
Work Plan, Deliverables and Timeline:
GRANT- YEAR 1 GRANT- YEAR 2
Jul- Sep Jul- Sep
No activity. Write Final Summary of event.
Oct- Dec Oct- Dec
No activity. No activity.
Jan-Mar Jan-Mar
Create program; start advertising; create &
mail outreach piece
Create program; start advertising; create & mail
outreach piece
Apr -Jun Apr -Jun
RES.C Page 223 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 6 of 19
Continue outreach & registration (April);
create sale ads, flyer & map (May); Event is
first weekend in June. Collect surveys from
those who participanted via mail-in postcard
or online survey(June).
Continue outreach & registration (April); create
sale ads, flyer & map (May); Event is first
weekend in June. Collect surveys from those
who participanted via mail-in postcard or
online survey(June). Write Final Summary of
Event.
Method of Evaluation: The RECIPIENT will record the number of postcards mailed, number
registered participants, and number of Yard Sale Kits distributed. A survey will be conducted
to determine the number of items sold or given away, from which the tonnage diverted will be
estimated.
3. TASK TITLE: School Education and Outreach
Maximum Eligible Task Cost: $31,240.00
Task Description: The RECIPIENT, in conjunction with a consultant, will continue its
school recycling and waste prevention campaign directed at the Auburn School District (ASD)
students. RECIPIENT staff and a consultant will coordinate with the Auburn School District's
Resource Conservation Manager (ASD RCM) to conduct school waste audits, recycle program
tune-ups, staff trainings, reduction and recycling classroom presentations, and to promote King
County Green School Programs and Washington Green Schools.
Waste reduction and recycling education and outreach will be offered through multiple
methods which may include, but are not limited to: classroom presentations, on-site visits and
training, informational hand-outs, and promotional items. Note: promotional items
(giveaways) must have Ecology Financial/Project Manager approval before purchase. (See
page 49 of the 2013-2015 CPG Guidelines.)
Promotion specifically targeted to increasing the volume of offsite-composting of organics is
not eligible during this grant cycle. However, materials or programs addressing
contamination in food and yard waste carts is eligible.
Target Audience: Students and staff at all City of Auburn elementary, middle, and high
schools. In particular, all 3rd grade, 7th/8th grade, and high school students.
Goal Statement: The goal of this task is to increase waste reduction and recycling
awareness among Auburn's elementary and middle school students, resulting in more positive
waste management behaviors both at home and school.
Outcome Statement: Over the 24-month grant period, the RECIPIENT will give 50
elementary classroom presentations, 50 eighth grade middle school (science) classroom
presentations and 4 high-school lunchtime events, as well as promote other local environmental
programs and presentations. A goal is to increase the total recycling for all schools by 8%
(from 1,300 tons to 1,404 tons).
Recycling/Reuse: 104 tons increase
RES.C Page 224 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 7 of 19
Business Participants: (# of schools): 19 schools
Residential Participants: 1,500 elementary school students, 3,000 middle and high school
students.
Work Plan, Deliverables and Timeline:
GRANT- YEAR 1 GRANT- YEAR 2
Jul- Sep Jul- Sep
Update ASD student count database &
recycling programs; Write service contract &
hire consultant; Print student worksheets &
surveys; Meet w/ASD RCM & Consultant to
plan program & update presentations;
Promote programs to principals & teachers.
Update ASD student count database &
recycling programs; Write service contract &
hire consultant; Print student worksheets &
surveys; Meet w/ASD RCM & Consultant to
plan program & update present.; Promote
programs to principals & teachers.
Oct- Dec Oct- Dec
Continue to promote & deliver recycling &
waste reduction information and
presentations; Evaluate & write Mid-year
Summary for 2013.
Continue to promote & deliver recycling &
waste reduction information and presentations;
Evaluate & write Mid-year Summary for 2014.
Jan-Mar Jan-Mar
Promote & deliver recycling information,
classroom presentations and program tune-
ups.
Promote & deliver recycling information,
classroom presentations and program tune-ups.
Apr -Jun Apr -Jun
Promote & deliver recycling information,
classroom presentations and program tune-
ups; Evaluate & write Final Summary for
2013-2014.
Promote & deliver recycling information,
classroom presentations and program tune-ups;
Evaluate & write Final Summary for 2013-
2015.
Method of Evaluation: The RECIPIENT will evaluate this task by the number of students
reached through classroom presentations and the number of recycling presentation packets
distributed. The RECIPIENT will survey the students before and after the presentations to
determine the effectiveness of the presentations. The RECIPIENT will work with the ASD
Resource Conservation Manager to track the tons recycled at each school.
RES.C Page 225 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 8 of 19
PART 2: BUDGET
Budget Information by CATEGORY/TASK Maximum Eligible
Cost
State Grant
Share
CATEGORY: Waste Reduction and Recycling $ 145,158.67 $ 108,869.00
1. Residential Education and Outreach $ 92,980.67 $ 69,735.50
2. Community Yard Sale $ 20,938.00 $ 15,703.50
3. School Education and Outreach $ 31,240.00 $ 23,430.00
TOTAL GRANT BUDGET
TOTAL MAXIMUM ELIGIBLE COST $ 145,158.67
STATE GRANT SHARE (75%) $ 108,869.00
LOCAL CASH MATCH (25%) $ 36,289.67
INTERLOCAL COSTS (0 %) $ - 0 -
PART 3: BUDGET CONDITIONS
A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost
with cash or interlocal costs. Interlocal costs are the only type of in-kind contributions the
RECIPIENT may use as match.
B. If parties are contributing to the local share of task costs (match) through interlocal-in kind
contributions, the RECIPIENT shall negotiate a memorandum of understanding or other written
agreement confirming the contribution between the parties. These agreements shall specify the exact
work to be accomplished and be signed by all parties contributing to the local match of this task.
Copies of these agreements shall be made part of the RECIPIENT’S grant file and submitted to
ECOLOGY.
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on
tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible
(excluding time spent to write a CPG grant application).
D. RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to
modify a scope of work, or for a budget increase or decrease. To increase or decrease the
agreement’s total maximum eligible cost or change the scope of work for any tasks as outlined in this
grant agreement, ECOLOGY requires a formal amendment.
RES.C Page 226 of 246
Washington State Department of Ecology
Grant No. G1400114
City of Auburn
Page 9 of 19
E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by
ECOLOGY.
F. Any work performed or costs incurred prior to the effective date or after the expiration date of this
agreement will be at the sole expense of the RECIPIENT.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment
request to ECOLOGY at least quarterly (by calendar year), but no more often than once per
month.
2. RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19-1A,
B1/B2, C1/C2. Until there is a change in agency policy, the recipient must submit an A19-1A
with an original signature in blue ink, signed by an authorized person. The B2 and C2 forms are
acceptable in electronic format. The RECIPIENT must also include all backup documentation to
support costs itemized on Form C1/C2. The budget is organized by task and therefore, the
RECIPIENT shall itemize costs by task on Form C1/C2 and Form B1/B2. Forms B1 and C1 are
used only when interlocal costs are used towards the 25% match.
3. Any income directly generated as a result of the activities funded by this grant shall be reported
as a credit against the expenses of that activity, as defined by ECOLOGY’S Administrative
Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18.
4. RECIPIENT shall submit supporting documents with each payment request. This includes copies
of invoices, purchase receipts, payroll records, time and attendance records, grant award
documents, and any document deemed relevant by ECOLOGY to establish the approval of an
expense listed on Form C1/C2. Documentation shall be clear and legible and organized by task
in the order in which it is itemized on Form C1/C2.
5. RECIPIENT shall maintain grant related material and supporting documents including invoice
vouchers sent to ECOLOGY in a common file. The RECIPIENT shall keep all supporting
documents for audit purposes for at least three years from the date the agreement is closed by
ECOLOGY.
.
B. REPORTING
1. Progress reports and Final Performance Analyses must be submitted through the web-based
database, the Solid Waste Information Clearinghouse. The RECIPIENT must submit a progress
report with each payment request. If a quarterly payment request is not submitted, the
RECIPIENT is still required to submit a progress report for that quarter. These reports shall
include information that supports incurred costs identified on the corresponding C1 or C2 of the
payment request, and provide a brief update in support of the outcomes and or method of
evaluation in the grant agreement.
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City of Auburn
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a) A Final Performance Analysis (FPA) report must be submitted for each task in a Planning and
Implementation grant before ECOLOGY can process a final payment request.
C. COMPENSATION
Payment to RECIPIENT will be issued through Washington State’s Department of Enterprise
Services (DES). DES maintains a central vendor file for Washington state agency use to process
vendor payments. This allows vendors to receive payments from all participating state agencies.
RECIPIENTS must register as a state-wide vendor (SWV) by submitting a state-wide vendor
registration form and an IRS W-9 form http://www.ofm.wa.gov/isd/vendors/payee_registration.doc to
DES. If you have questions about the vendor registration process you can contact DES at the Payee
Help Desk at (360) 664-7779 or email to payeehelpdesk@ofm.wa.gov.
D. TRAINING
RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to
managing a CPG agreement when feasible unless exempted by ECOLOGY in writing.
E. PROCUREMENT AND CONTRACTS
1. RECIPIENT must follow local procurement procedures or current state procurement
procedures, whichever is stricter. A RECIPIENT with no formal procurement procedures
must certify that they have complied with the "Standards for Competitive Solicitation" found
in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans –
Yellow Book, Ecology Publication #91-18.
2. Upon issuance, the RECIPIENT may submit a copy of all requests for qualifications (RFQs),
requests for proposals (RFPs), and bid documents relating to this grant agreement to
ECOLOGY’S Financial/Project Manager to be placed in the file.
3. Prior to contract execution, the RECIPIENT may submit all draft documents and a copy of the
draft proposed contract to ECOLOGY’S Financial/Project Manager for review. The
RECIPIENT assumes any risks associated with the failure to consult with the regional
Financial/Project Manager. Following the contract execution, the RECIPIENT shall submit a
copy of the final contract to ECOLOGY’s assigned Financial/Project Manager to be placed in
the file.
4. Unless a specific purchase of equipment or real property is already written into a task’s scope
of work, the RECIPIENT must submit a written request to ECOLOGY to purchase any
equipment or real property (Property) with a single unit purchase price of $5,000 or more. The
request must include the justification for the purchase of the property, the total cost, the
intended use, and the anticipated useful life of the property. The request must be approved in
writing by ECOLOGY prior to the purchase.
F. USE OF EXISTING CONTRACTS
RECIPIENT may use existing contracts that conform to local adopted procurement procedures
and applicable state laws. The RECIPIENT shall notify ECOLOGY if intending to use contracts
entered into prior to the execution of the grant agreement for performance of grant-funded
activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY
Financial/Project Manager to be placed in the file. The grant eligibility of products or services
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secured by the RECIPIENT under existing contracts used to perform the scope of work in this
agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
G. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
For equipment or property purchased with a cost of at least $5,000 per unit or functional system,
the RECIPIENT must utilize an inventory control system, including physical inventory to
document the ongoing use, a description of the item (including serial or vehicle identification
number (VIN when possible) and location. The information shall be submitted to ECOLOGY
upon request until final disposition is made. The RECIPIENT shall investigate, document, and
report to ECOLOGY any loss, theft or damage upon discovery of such conditions. The
RECIPIENT will follow manufacturer recommended maintenance procedures to keep the
property in good operating condition.
RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of
the equipment as outlined in this grant agreement, including uses past the expiration date of this
agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in
writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY’s
closure of the grant agreement unless already identified in the task’s scope of work.
o If the equipment is necessary for the continued operation of the project or other projects
administered through ECOLOGY, the Financial/Project Manager may instruct the recipient to
retain the equipment with no further compensation to ECOLOGY.
o If the project has no further significant use for the equipment, the Financial/Project Manager
may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount
equal to ECOLOGY’s share of the current fair market value, sale proceeds or other price
agreed upon by the Financial/Project Manager.
o The Financial/Project Manager may instruct the recipient to transfer title to ECOLOGY or to
a third party named by ECOLOGY who is eligible under existing statutes.
H. ALL WRITINGS CONTAINED HEREIN
This agreement, including the appended “General Terms and Conditions,” current cycle Program
Guidelines – Coordinated Prevention Grants found at
https://fortress.wa.gov/ecy/publications/summarypages/1107008.html, and ECOLOGY’S
Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication
#91-18, contain the entire understanding between the parties, and there are no other
understandings or representations except as those set forth or incorporated by reference herein.
No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or
effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY
and made part of this agreement.
I. ARCHEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the
archeological or cultural resources. RECIPIENT shall immediately cease work and notify
ECOLOGY if any archeological or cultural resources are found while conducting work under this
agreement. In the event that historical or cultural artifacts are discovered at the project site, the
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City of Auburn
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RECIPIENT shall also notify the state historic preservation officer at the Department of
Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic
Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter
27.53 RCW prior to conducting on-site activity with the potential to impact historic properties
(such as invasive sampling, dredging, or cleanup actions).
J. ENVIRONMENTALLY PREFERRABLE PURCHASING
In a joint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agree s
to use both sides of paper sheets for copying and printing when feasible. The RECIPIENT also
agrees to purchase paper products with a high level of post consumer recycled content when they
are comparable in quality, available, and cost effective.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF AUBURN
DEPARTMENT OF ECOLOGY
Laurie G. Davies Date Signatory Date
Program Manager
Waste 2 Resources Program
Printed Name and Title of Signatory
APPROVED AS TO FORM ONLY Assistant Attorney General
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City of Auburn
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APPENDIX A
PART 5: GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement’s final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by
the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make
copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report
to the DEPARTMENT the percent of grant/loan funds available to women or minority owned
businesses.
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3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations,
and policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1,
herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled
or, receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished
under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after
the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or
make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available
to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the
final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit
report.
I. PERFORMANCE REPORTING
RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to
the DEPARTMENT any problems, delays or adverse conditions which will materially affect their
ability to meet project objectives or time schedules. This disclosure shall be accompanied by a
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statement of the action taken or proposed and any assistance needed from the DEPARTMENT to
resolve the situation. Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty (30)
days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified
in the grant agreement and no more often than once per month. Each request for payment will be
submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT
along with documentation of the expenses. Payments shall be made for each task/phase of the
project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT
and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Recipients of Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation
within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days
after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described
herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this agreement and, as appropriate, upon
completion of an audit as specified under section J.5 herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in
the Scope of Work hereunder.
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City of Auburn
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K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the
event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further
funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT
under this agreement, at the option of the DEPARTMENT, shall become Department property
and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT
for damages sustained by the DEPARTMENT and/or the State of Washington because of any
breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from
the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent
upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot
such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
by the RECIPIENT's governing body; provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT
in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of
any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents
any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes.
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Washington State Department of Ecology
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City of Auburn
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Where federal funding is involved, the federal government may have a proprietary interest in
patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and
disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be
returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property
is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each
parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions
establishing that the land is free from any impediment, lien, or claim which would impair the
uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale,
lease or other conversion or encumbrance which monies granted pursuant to this agreement bear
to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practices where and when possible. These practices include use of clean
energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more
information, see www.ecy.wa.gov/sustainability.
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City of Auburn
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O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform
obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole
discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies
which had been paid to the RECIPIENT prior to such termination. Any property acquired under this
agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the
RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director
or duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function
or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
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City of Auburn
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association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the Scope of
Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents
or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are
declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency
shall be resolved by giving precedence in the following order: (a) applicable Federal and State
statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Recipients of
Ecology Grants and Loans"; and (e) the General Terms and Conditions.
RES.C Page 237 of 246
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4998
Date:
October 14, 2013
Department:
Public Works
Attachments:
Resolution No. 4998
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4998.
Background Summary:
The contract adopted by Resolution No. 4998 will allow City of Algona to utilize the City
of Auburn’s Decant Facility to dump Vactor waste material on a space limited
basis. Algona also agrees to participate in long term decant facility improvements.
The City of Auburn will also supply Street Sweeping services on a quarterly basis for the
City of Algona.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:October 21, 2013 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 238 of 246
RESOLUTION NO. 4 9 9 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASIiINGTON, _AUTtiORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRAGT
BETWEEN THE CITY OF AUBURN AND THE CITY OF
ALGONA FOR DECANT FAGILITIES USAGE AND
STREET SWEEPING SERVICES
WhIEREAS, the City of Algona has inadequate facilities to handle the waste.
materials produced from their public works street sweeping and Vactor maintenance;
and
WHEREAS, the City of Aubum has suffcient capacity at their decaM faality to
handle the Algona waste materials and is willing to provide for the proper handling,
processing and disposal of the City of Algona's street sweeper and Vactor truck
materials at a cost that is acceptableto the City.
NOW, THEREFORE, THE CITY COUNCIL OFTHE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of 4he City ofAubum is hereby authorized to execute
an Interlocal Agreement between the City of Aubum and the City of Algona for Decant
Facility Usage and Street Sweeping Services in substantial conformity with the
Agreement attached hereto as Exhibit"A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
ResoluGon No.4998
October 2, 2013
Page 1 of 2RES.D Page 239 of 246
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2013.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, Cfty Clerk
APP OVE O FOR :
Daniel B. Heid, City Attomey -
Resolution No.4998
Octaber 2, 2013
Page 2 of 2RES.D Page 240 of 246
Resolution No. 4998
Exhibit ‘A’
October 2, 2013
Page 1 of 6
Exhibit ‘A’
CONTRACT FOR SERVICES
BETWEEN THE CITY OF ALGONA
AND THE CITY OF AUBURN
FOR DECANT FACILITIES USAGE
AND STREET SWEEPING SERVICES
THIS AGREEMENT is made and executed by and between the City of Algona, a
Washington municipal corporation, hereafter designated as "Algona," and the City of
Auburn, a Washington municipal corporation, hereafter designated as "Auburn."
WHEREAS, Algona has inadequate facilities to properly handle the Waste Materials
produced as a result of their Public Works street sweeping and Vactor maintenance
activities; and
WHEREAS, Auburn has sufficient capacity at their decant facility to handle the Algona
Waste Materials.
NOW, THEREFORE, for the consideration stated in this Agreement, Algona and
Auburn do agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for proper handling, processing and
disposal of Street Sweeper and Vactor truck materials, herein referred to as “Waste
Materials” generated by Algona.
2. RESPONSIBILITIES
The City of Algona shall deliver Waste Materials to the decant area of the City of Auburn
Maintenance & Operations facility (hereafter, the “Facility”), currently located at 1305 C
Street SW, during the hours of 7:00 am and 3:00 pm. The unloading of the Waste
Materials by Algona at the Facility is to be done under the supervision of an Auburn
employee at the Facility. Algona will only send operators to use the decant facility that
have been properly trained by Auburn on the safe and efficient use of the facility and
dumping of Waste Materials.
If conditions at the Auburn Facility require, Auburn reserves the right to request Algona
to retain its Waste Materials until such time as the conditions at the Facility allow
Auburn to accept the Waste Materials again. Auburn will give Algona as much advance
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notice of these conditions as is practicable. Auburn further reserves the right to reject
any individual shipment of Waste Materials.
Auburn will provide for the dewatering and the disposal of the Waste Materials in
compliance with all local, state, and federal permits pertaining to the dewatering and
disposal of such Waste Materials.
3. VOLUME
Auburn shall accept from Algona’s Waste Materials in the following volumes: not to
exceed 20 tons per month or a total of 150 tons per year as measured at Auburn’s truck
scale. Auburn may accept Waste Material from Algona that exceeds these volumes
upon the review of a written request from Algona. All such requests shall be made to
Auburn's Public Works Maintenance and Operations Manager thirty (30) days in
advance of proposed delivery of such additional Waste Materials.
4. COST FOR SERVICES
A. Waste Materials.
Algona shall pay Auburn $30.00 per month base fee for administration costs and $70.00
per ton of Waste Materials for processing, testing and disposal fee (measured as scale
weight). Auburn will bill Algona on a quarterly basis.
B Sweeping Services.
Auburn will provide street sweeping services on an as needed basis to Algona at the
rate of $98.00 per hour for sweeper and operator; this does not include fees for the
handling, processing and disposal of Waste Materials generated from sweeping.
Auburn reserves the right to increase these fees in response to increases in labor,
disposal, and regulatory costs. Auburn shall give Algona at least sixty (60) days’
advance written notification of any proposed fee increases.
5. DECANT FACILITY IMPROVEMENTS
Algona recognizes that the capacity of Auburn’s Facility is limited and that additional
capacity will need to be provided, as both Cities’ waste disposal needs continue to
grow, in order to provide long-term service to Algona.
Algona will also agree to participate in planning and funding of long term capacity
improvements to the decant process in Auburn, including but not limited to
improvements to the existing facility, installation of additional facility or other means to
add additional capacity. By way of example only, and not by way of limitation, Algona
and Auburn contemplate that subsequent amendments or agreements might address
the following types of issues: planning, design and construction costs for potential
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improvements to the existing Facility or construction of a new decant facility. The
parties agree that Auburn will act as lead entity in the all aspects of any proposed
improvement project. Auburn will consult in advance of any final decisions with Algona
for the purposes of determining Algona's future needs and Algona's desire to participate
in funding for an improved facility or a new facility.
6. TERM
The duration of this Agreement shall be for an initial term of three (3) years beginning
January 1, 2014 through December 31, 2016, and may be extended thereafter for an
optional, additional term of three (3) years beginning January 1, 2017 through
December 31, 2019, by written amendment of the Parties, including but not limited to
mutual agreement on proposed changes – increases or decreases – to the cost for
services in Section 4 of this Agreement, not later than sixty (60) days prior to the end of
the initial term. It is further provided, however, that either party may terminate this
Agreement upon providing one hundred twenty (120) days’ advance written notice to
the other party.
7. REOPENER
Either party may request that any provision of this Agreement can be renegotiated by
submitting a written request with fourteen (14) days’ advance notice. Any amendment
of this Agreement shall be in writing and shall be signed by both parties consistent with
Section 13 of this Agreement.
8. HOLD HARMLESS AND INDEMNIFICATION
a. Algona shall indemnify and hold Auburn and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, brought against Auburn arising
out of, in connection with, or incident to the execution of this Agreement and/or
Algona’s performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence
of Auburn, its agents, employees, officers and/or volunteers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Algona; and provided further, that nothing herein shall require Algona to hold
harmless or defend Auburn, its agents, employees officers and/or volunteers from
any claims arising from the sole negligence of Auburn, its agents, employees,
officers and/or volunteers. No liability shall attach to Auburn by reason of entering
into this Agreement except as expressly provided herein.
b. Auburn shall indemnify and hold Algona and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, brought against Algona arising
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out of, in connection with, or incident to the execution of this Agreement and/or
Auburn’s performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence
of Algona, its agents, employees, officers and/or volunteers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Auburn; and provided further, that nothing herein shall require Auburn to hold
harmless or defend Algona, its agents, employees, officers and/or volunteers from
any claims arising from the sole negligence of Algona, its agents, employees,
officers and/or volunteers. No liability shall attach to Algona by reason of entering
into this Agreement except as expressly provided herein.
c. Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Auburn and Algona, its officers, officials,
employees, and volunteers, any damages allowed shall be levied in proportion to
the percentage of negligence attributable to each party, and each party shall
have the right to seek contribution from the other party in proportion to the
percentage of negligence attributable to the other party. It is further specifically
and expressly understood that the indemnification provided herein constitutes
the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually
negotiated by the Parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
d. AUBURN SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS
FROM AND AGAINST, ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS ARISING
OUT OF OR RELATING TO THE PRESENCE, DISCOVERY, OR FAILURE TO
DISCOVER, REMOVE, ADDRESS, REMEDIATE OR CLEANUP ENVIRONMENTAL OR
BIOLOGICAL HAZARDS RESULTING FROM ALGONA DELIVERIES OR OTHERWISE
ATTRIBUTABLE TO ALGONA, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO,
MOLD, FUNGUS, HAZARDOUS WASTE, SUBSTANCES OR MATERIALS.
9. RESOLUTION OF DISPUTES AND GOVERNING LAW
a. Alternative Dispute Resolution If a dispute arises from or relates to this Agreement
or the breach thereof and if the dispute cannot be resolved through direct discussions,
the parties agree to endeavor first to settle the dispute in an amicable manner by
mediation before resorting to arbitration. The mediator may be selected by agreement
of the parties. Following mediation, or upon written agreement of the parties to waive
mediation, any unresolved controversy or claim arising from or relating to this
Agreement or breach thereof shall be settled through arbitration. The arbitrator may
be selected by agreement of the parties or through King County court procedures. All
fees and expenses for mediation or arbitration shall be borne by the parties equally.
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However, each party shall bear the expense of its own counsel, experts, witnesses and
preparation and presentation of evidence.
b. Applicable Law and Jurisdiction This Agreement shall be governed by the laws of the
State of Washington. Although the agreed to and designated primary dispute resolution
method as set forth above, in the event any claim, dispute or action arising from or
relating to this Agreement cannot be submitted to arbitration, then it shall be
commenced exclusively in the King County Superior Court or the United States District
Court, Western District of Washington as appropriate. The prevailing party in any such
action before the courts shall be entitled to recover its costs of suit and reasonable
attorneys' fees.
10. WRITTEN NOTICE
All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing. If written notice is provided by
electronic mail (e-mail), then such written notice shall become effective one (1)
business day after it is successfully sent.
11. NON-DISCRIMINATION
Parties shall not discriminate in any manner related to this Agreement on the basis of
race, color, national origin, sex, religion, age, marital status or disability in employment
or the provision of services.
12. SEVERABILITY
If any provision of the Agreement shall be held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to serve the
purposes and objectives of both parties.
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13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. Any
modifications or amendments to this Agreement shall be in writing and shall be signed
by each party.
DATED this ___________day of ______________________ 2013.
CITY OF ALGONA CITY OF AUBURN
David Hill Mayor Peter Lewis, Mayor
402 Warde Street 25 W. Main Street
Algona, WA 98001 Auburn, WA 98001
ATTEST: ATTEST:
Dianna Quinn, City Clerk Dani Daskam, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kari Sand, City Attorney Dan Heid, City Attorney
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