CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 2063

 

 

                   Chapter 363, Laws of 1995

 

 

 

 

                        54th Legislature

                      1995 Regular Session

 

 

PUBLIC WORKS ASSISTANCE PROGRAM‑-ACCELERATED CONSTRUCTION UNDER

 

 

                    EFFECTIVE DATE:  7/23/95

Passed by the House March 13, 1995

  Yeas 96   Nays 0

 

 

 

CLYDE BALLARD

 

Speaker of the

      House of Representatives

 

Passed by the Senate April 12, 1995

  Yeas 45   Nays 3

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2063 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

JOEL PRITCHARD

 

President of the Senate

TIMOTHY A. MARTIN

 

                          Chief Clerk

 

 

Approved May 16, 1995 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

            May 16, 1995 - 11:13 a.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                          HOUSE BILL 2063

          _______________________________________________

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Honeyford, Sehlin and Chopp

 

Read first time 03/01/95.  Referred to Committee on Capital Budget.

 

 

Accelerating the implementation of projects currently eligible for funding under the public works assistance program.



    AN ACT Relating to accelerating the implementation of projects currently eligible for funding under the public works assistance program; amending RCW 43.155.070; adding a new section to chapter 43.155 RCW; and creating a new section.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that there continues to exist a great need for capital projects to plan, acquire, design, construct, and repair local government streets, roads, bridges, water systems, and storm and sanitary sewage systems.  It is the purpose of this act to accelerate the construction of these projects under the public works assistance program.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 43.155 RCW to read as follows:

    (1) The board may make low-interest or interest-free loans to local governments for preconstruction activities on public works projects before the legislature approves the construction phase of the project.  Preconstruction activities include design, engineering, bid-document preparation, environmental studies, right of way acquisition, and other preliminary phases of public works projects as determined by the board.  The purpose of the loans authorized in this section is to accelerate the completion of public works projects by allowing preconstruction activities to be performed before the approval of the construction phase of the project by the legislature.

    (2) Projects receiving loans for preconstruction activities under this section must be evaluated using the priority process and factors in RCW 43.155.070(2).  The receipt of a loan for preconstruction activities does not ensure the receipt of a construction loan for the project under this chapter.  Construction loans for projects receiving a loan for preconstruction activities under this section are subject to legislative approval under RCW 43.155.070 (4) and (5).  The board shall adopt a single application process for local governments seeking both a loan for preconstruction activities under this section and a construction loan for the project.

    (3) Preconstruction activity loans under this section may be made only from those funds specifically appropriated from the public works assistance account for such a purpose by the legislature.

 

    Sec. 3.  RCW 43.155.070 and 1993 c 39 s 1 are each amended to read as follows:

    (1) To qualify for loans or pledges under this chapter the board must determine that a local government meets all of the following conditions:

    (a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;

    (b) The local government must have developed a long-term plan for financing public works needs;

    (c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors; and

    (d) A county, city, or town that is required or chooses to plan under RCW 36.70A.040 must have adopted a comprehensive plan in conformance with the requirements of chapter 36.70A RCW, after it is required that the comprehensive plan be adopted, and must have adopted development regulations in conformance with the requirements of chapter 36.70A RCW, after it is required that development regulations be adopted.

    (2) The board shall develop a priority process for public works projects as provided in this section.  The intent of the priority process is to maximize the value of public works projects accomplished with assistance under this chapter.  The board shall attempt to assure a geographical balance in assigning priorities to projects.  The board shall consider at least the following factors in assigning a priority to a project:

    (a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;

    (b) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;

    (c) The cost of the project compared to the size of the local government and amount of loan money available;

    (d) The number of communities served by or funding the project;

    (e) Whether the project is located in an area of high unemployment, compared to the average state unemployment;

    (f) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such a system;

    (g) The relative benefit of the project to the community, considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic growth; and

    (h) Other criteria that the board considers advisable.

    (3) Existing debt or financial obligations of local governments shall not be refinanced under this chapter.  Each local government applicant shall provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.

    (4) Before November 1 of each year, the board shall develop and submit to the ((chairs of the ways and means)) appropriate fiscal committees of the senate and house of representatives a description of the ((emergency)) loans made under RCW 43.155.065, section 2 of this act, and subsection (7) of this section during the preceding fiscal year and a prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each of the committees.  The list shall include, but not be limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and documentation of local funds being used to finance the public works project.  The list shall also include measures of fiscal capacity for each jurisdiction recommended for financial assistance, compared to authorized limits and state averages, including local government sales taxes; real estate excise taxes; property taxes; and charges for or taxes on sewerage, water, garbage, and other utilities.

    (5) The board shall not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds for a specific list of public works projects.  The legislature may remove projects from the list recommended by the board.  The legislature shall not change the order of the priorities recommended for funding by the board.

    (6) Subsection((s (4) and)) (5) of this section ((do)) does not apply to loans made ((for emergency public works projects)) under RCW 43.155.065, section 2 of this act, and subsection (7) of this section.

    (7)(a) Loans made for the purpose of capital facilities plans shall be exempted from subsection((s (4) and)) (5) of this section.  In no case shall the total amount of funds utilized for capital facilities plans and emergency loans exceed the limitation in RCW 43.155.065.

    (b) For the purposes of this section "capital facilities plans" means those plans required by the growth management act, chapter 36.70A RCW, and plans required by the public works board for local governments not subject to the growth management act.


    Passed the House March 13, 1995.

    Passed the Senate April 12, 1995.

Approved by the Governor May 16, 1995.

    Filed in Office of Secretary of State May 16, 1995.