H-4755

AN ACT Relating to fire protection contracts; amending RCW 28B.35.190, 28B.40.190, and 35.21.775; adding new sections to chapter 35.21 RCW; repealing RCW 35.21.777; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28B.35.190 and 1977 ex.s. c 169 s 49 are each amended to read as follows:

Subject to the provisions of section 6 of this act, each board of trustees of the regional universities may:

(1) Contract for such fire protection services as may be necessary for the protection and safety of the students, staff and property of the regional university;

(2) By agreement pursuant to the provisions of chapter 239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter amended, join together with other agencies or political subdivisions of the state or federal government and otherwise share in the accomplishment of any of the purposes of subsection (1) of this section:

PROVIDED, HOWEVER, That neither the failure of the trustees to exercise any of its powers under this section nor anything herein shall detract from the lawful and existing powers and duties of political subdivisions of the state to provide the necessary fire protection equipment and services to persons and property within their jurisdiction.

Sec. 2. RCW 28B.40.190 and 1977 ex.s. c 169 s 69 are each amended to read as follows:

Subject to the provisions of section 6 of this act, the board of trustees of The Evergreen State College may:

(1) Contract for such fire protection services as may be necessary for the protection and safety of the students, staff and property of the college;

NEW SECTION. Sec. 3. A new section is added to chapter 35.21 RCW to read as follows:

The legislature finds that certain state-owned facilities and institutions impose a financial burden on the cities and towns responsible for providing fire protection services to those state facilities. The legislature endeavors pursuant to this act (chapter ..., Laws of 1992), to establish a process whereby cities and towns that have a significant share of their total assessed valuation taken up by state-owned facilities can enter into fire protection contracts with state agencies or institutions to provide a share of the jurisdiction's fire protection funding.

Sec. 4. RCW 35.21.775 and 1985 c 6 s 4 are each amended to read as follows:

Subject to the provisions of section 6 of this act, whenever a city or town has located within its territorial limits ((~~buildings or equipment~~)) facilities, except those leased to a nontax-exempt person or organization, owned by the state or an agency or institution of the state, the state or agency or institution ((~~shall~~)) owning such facilities and the city or town may contract ((~~with the city or town~~)) for an equitable share of fire protection services ((~~necessary~~)) for the protection and safety of personnel and property, pursuant to chapter 39.34 RCW, as now or hereafter amended. Nothing in this section shall be construed to require the state, or any state agency or institution, to contract for services which are performed by the staff and equipment of such an entity or by a fire protection district pursuant to RCW 52.30.020. ((The director of community development shall present in the budget submitted to the governor for each biennium, an amount sufficient to fund any fire protection service contracts negotiated under the provisions of this section.))

NEW SECTION. Sec. 5. A new section is added to chapter 35.21 RCW to read as follows:

Nothing in this act (chapter ..., Laws of 1992), shall be interpreted to abrogate existing contracts for fire protection services and equipment, nor be deemed to authorize cities and towns to negotiate additional contractual provisions to apply prior to the expiration of such existing contracts. Upon expiration of contracts negotiated prior to the effective date of this act, future contracts between such cities and towns and state agencies and institutions shall be governed by the provisions of sections 4 and 6 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 35.21 RCW to read as follows:

(1) In cities or towns where the estimated value of state-owned facilities constitutes ten percent or more of the total assessed valuation, the state agency or institution owning the facilities shall contract with the city or town to pay an equitable share for fire protection services. The contract shall be negotiated as provided in subsections (2) through (6) of this section and shall provide for payment by the agency or institution to the city or town.

(2) A city or town seeking to enter into fire protection contract negotiations shall provide written notification to the department of community development and the state agencies or institutions that own property within the jurisdiction, of its intent to contract for fire protection services. Where there are multiple state agencies located within a single jurisdiction, a city may choose to notify only the department of community development, which in turn shall notify the agencies or institution that own property within the jurisdiction of the city's intent to contract for fire protection services. Any such notification shall be based on the valuation procedures, based on commonly accepted standards, adopted by the department of community development in consultation with the department of general administration and the association of Washington cities.

(3) The department of community development shall review any such notification to ensure that the valuation procedures and results are accurate. The department will notify each affected city or town and state agency or institution of the results of their review within thirty days of receipt of notification.

(4) The parties negotiating fire protection contracts under this section shall conduct those negotiations in good faith. Whenever there are multiple state agencies located within a single jurisdiction, every effort shall be made by the state to consolidate negotiations on behalf of all affected agencies.

(5) In the event of notification by one of the parties that an agreement cannot be reached on the terms and conditions of a fire protection contract, the director of the department of community development shall mediate a resolution of the disagreement. In the event of a continued impasse, the director of the department of community development shall recommend a resolution.

(6) If the parties reject the recommendation of the director and an impasse continues, the director shall direct the parties to arbitration. The parties shall agree on a neutral arbitrator, and the fees and expenses of the arbitrator shall be shared equally between the parties. The arbitration shall be a final offer, total arbitration, with the arbitrator empowered only to pick the final offer of one of the parties or the recommended resolution by the director of the department of community development. The decision of the arbitrator shall be final, binding, and nonappealable on the parties.

(7) The provisions of this section shall not apply if a city or town and a state agency or institution have contracted pursuant to section 4 of this act.

(8) The provisions of this section do not apply to cities and towns not meeting the conditions in subsection (1) of this section. Cities and towns not meeting the conditions of subsection (1) of this section may enter into contracts pursuant to section 4 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 35.21 RCW to read as follows:

On or before May 1, 1992, the department of community development shall, in consultation with the association of Washington cities, adopt rules pursuant to chapter 34.05 RCW for the implementation of this act (chapter ..., Laws of 1992).

NEW SECTION. Sec. 8. RCW 35.21.777 and 1983 c 87 s 1 are each repealed.

NEW SECTION. Sec. 9. 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 shall take effect immediately.