[Filed September 14, 2018, 3:01 p.m., effective October 15, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Adopt minor amendment to WAC 30-40-050 Funding, to remove one sentence that places a restriction on artwork funding that does not exist in statute and correct citation for the correct statute referencing the state's capital appropriation.
Citation of Rules Affected by this Order: Amending 1 [WAC 30-40-050].
Adopted under notice filed as WSR 18-16-048 on July 25, 2018.
Changes Other than Editing from Proposed to Adopted Version: Amended reference to RCW 43.46.090
and replaced with RCW 43.17.200
as the correct statute for capital appropriations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: September 13, 2018.
AMENDATORY SECTION(Amending WSR 18-02-086, filed 1/2/18, effective 2/2/18)
(1) Calculation of funds.
(a) Pursuant to RCW ((43.46.090 through 43.46.095
, one-half of one percent of the state's capital appropriation for the original construction of specific public buildings is set aside for the administration, acquisition, and conservation of works of art for the state art collection.
(b) ((The formula is applied to escalated maximum allowable construction cost, and may be applied to architecture and engineering fees and equipment cost.
(c))) Funding is generated by construction of any new building and/or additions to an existing building or structure except for highway construction sheds, warehouses, or other temporary buildings. In addition, funding is generated by any renovation and remodel work exceeding two hundred thousand dollars at universities, colleges, and community colleges. Renovation and remodel work does not include repair, maintenance, or replacement of building systems, such as HVAC, plumbing, wiring, fire sprinklers, roofs, insulation, lighting, or other system that keeps the building functional and safe.
(2) Partner agency eligibility and site requirements of funds.
(a) All state agencies including all state departments, boards, councils, commissions, and quasi-public corporations; all universities, colleges, community colleges, and technical colleges; and the office of the superintendent of public instruction who appropriates state funding to school districts for the original construction of school plant facilities, shall apply the formula.
(b) Works of art must be placed in public buildings or on public lands. In siting works of art, priority is given to state properties and K-12 public schools.
(c) Works of art may be sited in a location other than the construction site generating the funding.
(3) Use of funds.
(a) Staff is responsible for negotiating contracts and expending funds.
(b) Funds may be used for works of art in the state art collection that are:
(i) Integral to or attached to a public building or structure;
(ii) Detached inside or outside a public building or structure;
(iii) On or part of the landscape;
(iv) Permanent or temporary;
(v) Part of a portable exhibition or collection.
(c) Funds may be used for expenses incurred in the design, fabrication, and installation of works of art, artists' fees and expenses, staff administrative expenses, and conservation.
(d) Funds shall not be used for the partner agency's administrative expenses, architectural or professional design services, site preparation, public event expenses, insurance, fees for art selection committee participation, or maintenance of the work of art.
(e) Funds shall not be used for clock towers, electrically powered water features, memorials, logos, signage, or the depiction of school mascots.
(4) Determination of funds. Staff shall determine the funds that are available for projects and sites, in consultation with the partner agency; director of general administration; directors of state agencies; the superintendent of public instruction and school district boards of directors; or the boards of regents or trustees of universities, colleges, and community colleges. (RCW 43.17.210
, and 28B.10.025
(5) Supplemental funds. The one-half of one percent formula is a required minimum for works of art. Partner agencies may designate additional funds from other sources. Works of art acquired using supplemental funding become part of the state art collection.
(6) Transfer of funds. After project funds for works of art are determined, staff may request transfer of the funds from the partner agency.
(7) Pooling of funds.
(a) Staff may determine that funds from multiple construction projects may be combined as part of a pooling program or to fund larger works of art within a partner agency.
(b) Only K-12 school districts with applicable state assisted construction project funds may apply for K-12 pooled funds.
(c) Eligible K-12 school districts may apply for pooled funds pursuant to WAC 30-12-017 (Applications), WAC 30-12-030 (Panels), and in accordance with published application guidelines.