Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. These rules must include the following:

1. (1) Provisions that specify unsolicited proposals must meet predetermined criteria;
2. (2) Provisions governing procedures for the cessation of negotiations and consideration;
3. (3) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;
4. (4) Provisions that require concept proposals to include at least the following information: Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and

5. (5) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:

   1. (a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;
   2. (b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and
   3. (c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame. The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state. The commission may not accept or consider any unsolicited proposals before July 1, 2018.

[ 2017 c 313 s 711; 2015 1st sp.s. c 10 s 704; 2013 c 306 s 708; 2011 c 367 s 701; 2009 c 470 s 702; 2007 c 518 s 702; 2006 c 370 s 604; 2005 c 317 s 17.]

Notes:

Effective date—2017 c 313: See note following RCW 43.19.642.

Effective date—2015 1st sp.s. c 10: See note following RCW 43.19.642.

Effective date—2013 c 306: See note following RCW 47.64.170.

Effective date—2011 c 367: "Except for sections 703, 704, 705, 716, 719, and 722 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2011]." [ 2011 c 367 s 1102.]

Effective date—2009 c 470: See note following RCW 46.68.170.

Severability—Effective date—2007 c 518: See notes following RCW 46.68.170.

Severability—2006 c 370: "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." [ 2006 c 370 s 701.]

Effective date—2006 c 370: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2006]." [ 2006 c 370 s 702.]