Z-0759.1          _______________________________________________

                                 SENATE BILL 5392

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators McDonald, Rinehart, Conner, Rasmussen and Erwin; by request of Governor Gardner.

Read first time January 30, 1991.  Referred to Committee on Ways & Means.Adopting a supplemental capital budget.

     AN ACT Relating to the capital budget; amending 1990 c 299 s 202 (uncodified); amending 1989 1st ex.s. c 12 s 395 (uncodified); amending 1989 1st ex.s. c 12 s 397 (uncodified); amending 1989 1st ex.s. c 12 s 398 (uncodified); amending 1989 1st ex.s. c 12 s 462 (uncodified); amending 1989 1st ex.s. c 12 s 466 (uncodified); amending 1989 1st ex.s. c 12 s 709 (uncodified); amending 1989 1st ex.s. c 12 s 729 (uncodified); amending 1989 1st ex.s. c 12 s 733 (uncodified); amending 1989 1st ex.s. c 12 s 739 (uncodified); amending 1989 1st ex.s. c 12 s 792 (uncodified); adding new sections to chapter 12, Laws of 1989 1st ex.s. (uncodified); repealing 1989 1st ex.s. c 12 s 464 (uncodified); making appropriations; and declaring an emergency.

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

                                      PART 1

                                  HUMAN SERVICES

     Sec. 101.  1990 c 299 s 202 (uncodified) is amended to read as follows:

     FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT

     Public works trust fund (90‑2‑001)

     The appropriations in this section are subject to the following conditions and limitations:  The appropriations are provided solely for public works projects recommended by the public works board and approved by the legislature under chapter 43.155 RCW.

                                           Reappropriation     Appropriation

Pub Works Asst Acct                          61,627,871        ((86,957,000))

94,308,667

Prior Biennia Future Biennia Total

       32,446,397                    168,562,493          ((336,339,873))

356,945,428

                                   (End of part)

PART 2

                                 NATURAL RESOURCES

       Sec. 201.  1989 1st ex.s. c 12 s 395 (uncodified) is amended to read as follows:

       FOR THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT

       Community economic revitalization board (86‑1‑001)

                                     Reappropriation             Appropriation

St Bldg Constr Acct                  ((5,340,000))

11,612,461

Prior Biennia Future Biennia Total

       ((19,025,928))                                            24,365,928

12,753,467

       Sec. 202.  1989 1st ex.s. c 12 s 397 (uncodified) is amended to read as follows:

       FOR THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT

       Washington State Agricultural Trade Center‑‑Yakima (88‑3‑004)

       The appropriation in this section is subject to the following conditions and limitations:  Expenditures made under this appropriation shall equal seventy‑five percent of the total project design and construction costs and shall not exceed $6,500,000.  The twenty‑five percent of actual expenditures for design and construction costs shall be cash from nonstate sources.

                                     Reappropriation             Appropriation

St Bldg Constr Acct                  ((2,300,000))

3,531,930

Prior Biennia Future Biennia Total

       ((4,200,000))                                             6,500,000

2,968,070

       Sec. 203.  1989 1st ex.s. c 12 s 398 (uncodified) is amended to read as follows:

       FOR THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT

       Agricultural Complex‑‑Yakima (89‑2‑005)

       The appropriation in this section is subject to the following conditions and limitations:

       (1) $1,000,000 is provided solely for parking lot paving, lighting and landscaping.

       (2) $1,000,000 of this appropriation is contingent on a contribution of an equal amount of funds from nonstate sources.

                                     Reappropriation             Appropriation

St Bldg Constr Acct                  ((750,000))                 2,000,000

1,448,418

Prior Biennia Future Biennia Total

       ((1,250,000))                                             4,000,000

551,582

       Sec. 204.  1989 1st ex.s. c 12 s 462 (uncodified) is amended to read as follows:

       FOR THE DEPARTMENT OF WILDLIFE

       State‑wide fencing repair and replacement (90‑3‑015)

                                     Reappropriation             Appropriation

Wildlife Acct‑‑State                                             ((1,000,000))

900,000

Prior Biennia Future Biennia Total

       368,000                       2,000,000                   ((3,368,000))

3,268,000

       Sec. 205.  1989 1st ex.s. c 12 s 466 (uncodified) is amended to read as follows:

       FOR THE DEPARTMENT OF WILDLIFE

       Acquisition of wildlife habitat (90‑5‑012)

       The appropriation in this section is subject to the following conditions and limitations:  No moneys may be expended from this appropriation without first selling state‑owned land of equal or greater value.

                                     Reappropriation             Appropriation

Wildlife Acct‑‑State                                             ((600,000))

500,000

Prior Biennia Future Biennia Total

                                     800,000                     ((1,400,000))

1,300,000

NEW SECTION. Sec. 206.    1989 1st ex.s. c 12 s 464 (uncodified)

is repealed.

                                   (End of part)

PART 3

                                     EDUCATION

     Sec. 301.  1989 1st ex.s. c 12 s 709 (uncodified) is amended to read as follows:

     FOR THE ((SUPERINTENDENT OF PUBLIC INSTRUCTION)) STATE BOARD OF EDUCATION

     ((School housing emergencies

     The appropriation in this section is subject to the following conditions and limitations:

     (1) This appropriation is provided solely to provide portable classrooms for school districts that have experienced an unanticipated school housing emergency.  Portable classrooms provided under this section shall be leased by the superintendent of public instruction to school districts, and the lease payments shall be deposited into the common school construction fund.  School districts may qualify for assistance under this section only as a result of events barring students from occupying a school or a portion of a school, and portables shall not be provided under this section to address needs attributable to enrollment growth.  The superintendent of public instruction shall provide assistance to a school district under this section only if satisfied that the district has considered other available options and that portable classrooms are the most feasible solution to school housing needs.

     (2) Districts receiving assistance under this section shall submit a plan to replace or reopen their closed facilities prior to the end of the lease period, and shall certify that resources are available to meet all terms of the lease.

     (3) For the purposes of this section, the term "lease" includes a lease with option to purchase.))

The appropriation in this section is subject to the following conditions and limitations:

(1) The state board of education, the superintendent of public instruction and the office of financial management shall jointly conduct and manage a project to develop revisions to the current K-12 capital funding process.  The goal of the project is to (a) achieve a state-wide prioritization of K-12 capital projects that is based on sound planning, accurate cost estimates, and applicable state capital budget process instructions; (b) achieve a system that fits efficiently and effectively into a total state process; and (c) achieve a system that adequately addresses the maintenance of both existing investments and addition of new facilities.

(2) The state board of education shall perform a state study and survey to determine the condition of need in compliance with RCW 28A.47.080 of up to one hundred fifty school districts.  The state board of education shall survey districts in a priority order based on anticipated projects.  The studies must be performed in one of the following ways:

(a) By staff working for the state board of education;

(b) By other state agency staff who are paid through an interagency agreement;

(c) By private consultants hired by the state board of education.

(3) The objectives of the project are to consider revisions that will:

(a) Require preplanning studies for major projects to determine project scope, cost and alternatives;

(b) Require detailed cost and timeline data for each capital request;

(c) Require analysis by the superintendent of public instruction staff of cost, timelines, and alternatives of all projects;

(d) Require approval by the state board of education of all capital projects;

(e) Require a method of monitoring the actual costs and timelines of projects in comparison to those approved;

(f) Establish in statute, criteria for funding modernization projects;

(g) Establish standards and require evaluation and monitoring of annual maintenance cost by local districts.

(4) The completed project and recommended legislation shall be presented to the legislature and the governor by December 1, 1991.

(5) The revised funding process shall be implemented by June 30, 1992.

(6) No debt-supported funding, beyond current bond authorizations for general obligation bonds, will be available for K-12 capital projects until the legislature enacts legislation as recommended in subsection (4) of this section.

                                           Reappropriation     Appropriation

Common School Constr Fund                                        650,000

Prior Biennia Future Biennia Total

                                                                 650,000

       Sec. 302.  1989 1st ex.s. c 12 s 729 (uncodified) is amended to read as follows:

       FOR THE UNIVERSITY OF WASHINGTON

       Energy conservation (86‑4‑023)

                                     Reappropriation             Appropriation

St Bldg Constr Acct                  ((900,000))

181,492

H Ed Constr Acct                     300,000

Prior Biennia Future Biennia Total

       663,566                                                   ((1,863,566))

1,145,058

       Sec. 303.  1989 1st ex.s. c 12 s 733 (uncodified) is amended to read as follows:

       FOR THE UNIVERSITY OF WASHINGTON

       Power plant stack replacement (88‑1‑023)

                                     Reappropriation             Appropriation

UW Bldg Acct                         ((1,050,000))

2,491,170

Prior Biennia Future Biennia Total

       450,000                                                   ((1,500,000))

2,491,170

       Sec. 304.  1989 1st ex.s. c 12 s 739 (uncodified) is amended to read as follows:

       FOR THE UNIVERSITY OF WASHINGTON

       Power plant boiler retrofit (88‑4‑024)

                                     Reappropriation             Appropriation

UW Bldg Acct                         ((2,050,000))

91,834

Prior Biennia Future Biennia Total

       250,000                                                   ((2,300,000))

341,834

NEW SECTION. Sec. 305.  A new section is added to chapter 12, Laws of 1989 1st ex.s. (uncodified) to read as follows:

       FOR THE UNIVERSITY OF WASHINGTON

       Denny Hall exterior repair (91-2-025)

                                     Reappropriation             Appropriation

St Bldg Constr Acct                                              718,508

Prior Biennia Future Biennia Total

                                     718,508                     718,508

NEW SECTION. Sec. 306.  A new section is added to chapter 12, Laws of 1989 1st ex.s. (uncodified) to read as follows:

       FOR THE UNIVERSITY OF WASHINGTON

       Power plant boiler (91-2-026)

                                     Reappropriation             Appropriation

UW Bldg Acct                                                     516,996

Prior Biennia Future Biennia Total

                                     516,996                     516,996

       Sec. 307.  1989 1st ex.s. c 12 s 792 (uncodified) is amended to read as follows:

       FOR CENTRAL WASHINGTON UNIVERSITY

       Shaw/Smyser Hall remodel (90‑2‑005)

                                     Reappropriation             Appropriation

St Bldg Constr Acct                                              2,405,900

CWU Cap Proj Acct                                                ((1,300,000))

3,936,800

Prior Biennia Future Biennia Total

                                                                 ((3,705,900))

6,342,700

                                   (End of part)

PART 4

                                   MISCELLANEOUS

NEW SECTION. Sec. 401.    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.

NEW SECTION. Sec. 402.    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.