S-4277.1  _______________________________________________

 

                         SENATE BILL 6456

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By Senators Vognild, Sellar, Snyder, Haugen, Anderson, Newhouse, Loveland, Spanel, Wojahn, Prince, Drew, Owen and Gaspard

 

Read first time 01/24/94.  Referred to Committee on Government Operations.

 

Authorizing state agencies to acquire responsibility for operation on maintenance of buildings they occupy.



    AN ACT Relating to management of state buildings; amending RCW 43.01.090, 43.19.125, and 43.82.010; adding a new section to chapter 43.19 RCW; and providing an effective date.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 43.19 RCW to read as follows:

    (1) Any state board, commission, agency, office, or department occupying more than fifty percent by area of a building, structure, or facility managed by the director of general administration may acquire the responsibility for the operation and maintenance of the building, structure, or facility.  Such transfer of responsibility shall occur ninety days after the director receives a written notice from the state board, commission, agency, office, or department acquiring such functions.

    (2) Such transfer may not impair any contracts relating to the operation or maintenance of the building, structure, or facility in effect at the time the notice is received.

    (3) For the purposes of this section, operation and maintenance includes, without limitation, repair, remodeling, furnishing, the rendering of any service, and the furnishing or providing of any supplies, equipment, or materials.

 

    Sec. 2.  RCW 43.01.090 and 1991 sp.s. c 31 s 10 are each amended to read as follows:

    The director of general administration may assess a charge or rent against each state board, commission, agency, office, department, activity, or other occupant or user for payment of a proportionate share of costs for occupancy of buildings, structures, or facilities including but not limited to all costs of acquiring, constructing, operating, and maintaining such buildings, structures, or facilities and the repair, remodeling, or furnishing thereof and for the rendering of any service or the furnishing or providing of any supplies, equipment, or materials.  However, the director may not charge for operation and maintenance, including repair, remodeling, furnishing, the rendering of any service, and the furnishing or providing of any supplies, equipment, or materials, against any board, commission, agency, office, or department that has removed those functions from the director pursuant to section 1 of this act.

    The director of general administration may recover the full costs including appropriate overhead charges of the foregoing by periodic billings as determined by the director including but not limited to transfers upon accounts and advancements into the general administration facilities and services revolving fund.  Rates shall be established by the director of general administration after consultation with the director of financial management.  The director of general administration may allot, provide, or furnish any of such facilities, structures, services, equipment, supplies, or materials to any other public service type occupant or user at such rates or charges as are equitable and reasonably reflect the actual costs of the services provided:  PROVIDED, HOWEVER, That the legislature, its duly constituted committees, interim committees and other committees shall be exempted from the provisions of this section.

    Upon receipt of such bill, each entity, occupant, or user shall cause a warrant or check in the amount thereof to be drawn in favor of the department of general administration which shall be deposited in the state treasury to the credit of the general administration facilities and services revolving fund established in RCW 43.19.500 unless the director of financial management has authorized another method for payment of costs.

 

    Sec. 3.  RCW 43.19.125 and 1965 c 8 s 43.19.125 are each amended to read as follows:

    The director of general administration, through the division of capitol buildings, shall have custody and control of the capitol buildings and grounds, supervise and direct proper care, heating, lighting and repairing thereof, and designate rooms in the capitol buildings to be occupied by various state officials except to the extent that such powers and duties have been removed pursuant to section 1 of this act.

 

    Sec. 4.  RCW 43.82.010 and 1990 c 47 s 1 are each amended to read as follows:

    (1) The director of the department of general administration, on behalf of the agency involved, shall purchase, lease, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate.  This section does not transfer financial liability for the acquired property to the department of general administration.

    (2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section.

    (3) The director is authorized to purchase, lease, rent, or  otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies.  The director shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.

    (4) If the director determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsections (1) or (3) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his or her office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds:  PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars.  Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.

    (5) In order to obtain maximum utilization of space, the director shall make space utilization studies, and shall establish standards for use of space by state agencies.

    (6) The director may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his or her management.

    (7) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director or the director's designee, and recorded with the county auditor of the county in which the property is located.

    (8) The director may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable and shall delegate any functions removed from the director pursuant to section 1 of this act.

    (9) This section does not apply to the acquisition of real estate by:

    (a) The state college and universities for research or experimental purposes;

    (b) The state liquor control board for liquor stores and warehouses; and

    (c) The department of natural resources, the department of ((fisheries, the department of)) fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.

    (10) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.

 

    NEW SECTION.  Sec. 5.  This act shall take effect July 1, 1994.

 


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