AN
ACT Relating to capital projects for local nonprofit art, cultural, heritage,
and social service organizations; amending RCW 27.34.330 and 43.63A.125; adding
a new section to chapter 43.63A RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 43.63A RCW to read as follows:
(1)
A competitive grant program to assist nonprofit organizations in acquiring,
constructing, or rehabilitating performing arts, art museums, and cultural
facilities is created.
(2)(a)
The department shall submit a list of recommended performing arts, art museum
projects, and cultural organization projects eligible for funding to the
governor and the legislature in the department's biennial capital budget
request beginning with the 2001-2003 biennium and thereafter. The list, in
priority order, shall include a description of each project, the amount of
recommended state funding, and documentation of nonstate funds to be used for
the project. The total amount of recommended state funding for projects on a
biennial project list shall not exceed four million dollars. The department
may provide an additional alternate project list which shall not exceed five
hundred thousand dollars.
(b)
The department shall establish a competitive process to prioritize applications
for state assistance as follows:
(i)
The department shall conduct a state-wide solicitation of project applications
from nonprofit organizations, local governments, and other entities, as
determined by the department. The department shall evaluate and rank
applications in consultation with a citizen advisory committee, including a
representative from the state arts commission, using objective criteria. The
evaluation and ranking process shall also consider local community support for
projects and an examination of existing assets that applicants may apply to
projects.
(ii)
The department may establish the amount of state grant assistance for
individual project applications but the amount shall not exceed twenty percent
of the estimated total capital cost or actual cost of a project, whichever is
less. The remaining portions of the project capital cost shall be a match from
nonstate sources. The nonstate match may include cash, the value of real
property when acquired solely for the purpose of the project, and in-kind
contributions. The department is authorized to set matching requirements for
individual projects. State assistance may be used to fund separate definable
phases of a project if the project demonstrates adequate progress and has
secured the necessary match funding.
(iii)
The department shall not sign contracts or otherwise financially obligate funds
under this section until the legislature has approved a specific list of
projects. In contracts for grants authorized under this section, the department
shall include provisions requiring that capital improvements be held by the
grantee for a specified period of time appropriate to the amount of the grant
and that facilities be used for the express purpose of the grant. If the
grantee is found to be out of compliance with provisions of the contract, the
grantee shall repay to the state general fund the principal amount of the grant
plus interest calculated at the rate of interest on state of Washington general
obligation bonds issued most closely to the date of authorization of the grant.
Sec.
2. RCW
27.34.330 and 1995 c 182 s 2 are each amended to read as follows:
The
Washington state historical society shall establish a competitive process to
solicit proposals for and prioritize heritage capital projects for potential
funding in the state capital budget. The society shall adopt rules governing
project eligibility and evaluation criteria. Application for funding of
specific projects may be made to the society by local governments, public
development authorities, nonprofit corporations, tribal governments, and other
entities, as determined by the society. The society, with the advice of
leaders in the heritage field, including but not limited to representatives
from the office of the secretary of state, the eastern Washington state
historical society, and the state office of archaeology and historic
preservation, shall establish and submit a prioritized list of heritage
capital projects to ((be recommended to the governor and the legislature by
September 1st of each even-numbered year, beginning in 1996. The prioritized
list shall be developed through open and public meetings. The governor and the
legislature shall consider the prioritized list of heritage projects as a guide
for appropriating funds to heritage capital projects beginning with the 1997-99
biennium and thereafter)) the governor and the legislature in the
society's biennial capital budget request. The list shall include a
description of each project, the amount of recommended state funding, and
documentation of nonstate funds to be used for the project. The total amount
of recommended state funding for projects on a biennial project list shall not
exceed four million dollars. The department may provide an additional
alternate project list which shall not exceed five hundred thousand dollars.
The prioritized list shall be developed through open and public meetings and
the amount of state funding shall not exceed thirty-three percent of the total
cost of the project. The nonstate portion of the total project cost may
include cash, the value of real property when acquired solely for the purpose
of the project, and in-kind contributions. The department shall not sign
contracts or otherwise financially obligate funds under this section until the legislature
has approved a specific list of projects. In contracts for grants authorized
under this section, the society shall include provisions requiring that capital
improvements be held by the grantee for a specified period of time appropriate
to the amount of the grant and that facilities be used for the express purpose
of the grant. If the grantee is found to be out of compliance with provisions
of the contract, the grantee shall repay to the state general fund the
principal amount of the grant plus interest calculated at the rate of interest
on state of Washington general obligation bonds issued most closely to the date
of authorization of the grant.
Sec.
3. RCW
43.63A.125 and 1997 c 374 s 2 are each amended to read as follows:
((If
the legislature provides an appropriation to)) (1) The department shall
establish a competitive process to solicit proposals for and prioritize
projects that assist nonprofit organizations in acquiring, constructing, or
rehabilitating facilities used for the delivery of nonresidential social
services((, the legislature may direct the department of community, trade,
and economic development to)).
(2)
The department shall establish a competitive process to prioritize
applications for the assistance as follows:
(((1)))
(a) The department shall conduct a state-wide solicitation of project
applications from local governments, nonprofit organizations, and other
entities, as determined by the department. The department shall evaluate and
rank applications in consultation with a citizen advisory committee using
objective criteria. At a minimum, applicants must demonstrate that the
requested assistance will increase the efficiency or quality of the social
services it provides to citizens. The evaluation and ranking process shall
also include an examination of existing assets that applicants may apply to
projects. Grant assistance under this section shall not exceed twenty-five
percent of the total cost of the project. The nonstate portion of the total
project cost may include((, but is not limited to, land, facilities)) cash,
the value of real property when acquired solely for the purpose of the project,
and in-kind contributions.
(((2)))
(b) The department shall submit a prioritized list of recommended
projects to the ((legislature by November 1st following the effective date
of the appropriation)) governor and the legislature in the department's
biennial capital budget request beginning with the 2001-2003 biennium and
thereafter. For the 1999-2001 biennium, the department shall conduct a
solicitation and ranking process, as described in (a) of this subsection, for
projects to be funded by appropriations provided for this program in the
1999-2001 capital budget. The list shall include a description of each
project, the amount of recommended state funding, and documentation of nonstate
funds to be used for the project. The total amount of recommended state
funding for projects on a biennial project list shall not exceed four million
dollars. The department may provide an additional alternate project list which
shall not exceed five hundred thousand dollars. Except for the 1999-2001
biennium, the department shall not sign contracts or otherwise financially
obligate funds under this section until the legislature has approved a specific
list of projects.
(((3)))
(c) In contracts for grants authorized under this section the department
shall include provisions which require that capital improvements shall be held
by the grantee for a specified period of time appropriate to the amount of the
grant and that facilities shall be used for the express purpose of the grant.
If the grantee is found to be out of compliance with provisions of the
contract, the grantee shall repay to the state general fund the principal
amount of the grant plus interest calculated at the rate of interest on state
of Washington general obligation bonds issued most closely to the date of
authorization of the grant.
(((4)
The department shall develop model contract provisions for compliance with
subsection (3) of this section and shall distribute its recommendations to the
appropriate legislative committees, the office of financial management, and to
all state agencies which provide capital grants to nonstate entities.))
NEW SECTION. Sec. 4.
Section 1 of this act, RCW 27.34.330, and 43.63A.125 shall expire June 30,
2007.
