BP BHEAD INT S [atlas:bill]

AN ACT Relating to community outdoor athletic fields; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature finds that there exists in the state of Washington critical projects for the planning, acquisition, construction, maintenance, repair, replacement, rehabilitation, or improvement of community outdoor athletic fields. The legislature further finds that families in Washington need community outdoor athletic fields for both youth and adults. The legislature recognizes that coordinated funding efforts are needed to plan, acquire, construct, maintain, repair, replace, rehabilitate, improve, and develop the state's community outdoor athletic fields. Rapid population growth and increased urbanization have caused a decline in suitable outdoor fields for community athletic activities and have resulted in overcrowding and deterioration of existing surfaces. Lack of adequate community outdoor athletic fields directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves. Therefore, it is the policy of the state and its agencies to plan, acquire, construct, maintain, repair, replace, rehabilitate, improve, and develop community outdoor athletic fields and provide loans and grants for local governments, school districts, and qualified nonprofit organizations to provide community outdoor athletic fields and make an equitable geographic distribution of the funds.

(2) In carrying out this policy, the legislature intends to promote the planning, acquisition, construction, maintenance, repair, replacement, rehabilitation, or improvement of community outdoor athletic fields across Washington state by providing loans and grants for local governments, school districts, and qualified nonprofit organizations.

(3) It is the policy of the state of Washington to encourage self-reliance by local governments, school districts, and nonprofit organizations in meeting their community outdoor athletic fields needs and to assist in the financing of critical community outdoor athletic fields projects by making loans, financing guarantees, and making technical assistance available to local governments, school districts, and qualified nonprofit organizations for these projects.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.

(1) "Board" means the community outdoor athletic fields board created in this chapter.

(2) "Department" means the department of community, trade, and economic development.

(3) "Financing guarantees" means the pledge of money in the community outdoor athletic fields assistance account, or money to be received by the community outdoor athletic fields assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments, school districts, or qualified nonprofit organizations, to finance community outdoor athletic fields projects.

(4) "Local governments" means cities, towns, counties, special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state including school districts and port districts.

(5) "Qualified nonprofit organization" means those nonprofit organizations qualified to receive funds as established in RCW 43.99N.060(4).

(6) "Community outdoor athletic fields project" means a project of a local government, school district, or qualified nonprofit organization, for the planning, acquisition, construction, maintenance, repair, replacement, rehabilitation, or improvement of community outdoor athletic fields.

(7) "Technical assistance" means training and other services provided to local governments, school districts, and qualified nonprofit organizations to help such local governments, school districts, and qualified nonprofit organizations plan, apply, and qualify for loans and financing guarantees from the board.

NEW SECTION. Sec. 3. (1) The community outdoor athletic fields board is hereby created.

(2) The board shall be composed of thirteen members appointed by the governor for terms of four years, except that five members initially shall be appointed for terms of two years. The board shall include: (a) Three members, two of whom shall be elected officials and one shall be a public works manager, who may be appointed from a list of at least six persons nominated by the association of Washington cities or its successor; (b) three members, two of whom shall be elected officials and one shall be a public works manager who may be appointed from a list of at least six persons nominated by the Washington state association of counties or its successor; (c) three members, who may be appointed from a list of at least six persons nominated by the community outdoor athletic fields advisory council created in RCW 43.99.810 or their successors; and (d) four members who may be appointed from the general public. In appointing the four general public members, the governor shall endeavor to balance the geographical composition of the board and to include members with special expertise in relevant fields such as youth and community athletics, public finance, architecture, civil engineering, public works, and community outdoor athletic fields construction. The governor shall appoint one of the general public members of the board as chair. The term of the chair shall coincide with the term of the governor.

(3) Staff support to the board shall be provided by the department.

(4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term. Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section shall be filled from a list of at least three persons nominated by the relevant association or associations. Any members of the board, appointive or otherwise, may be removed by the governor for cause in accordance with RCW 43.06.070 and 43.06.080.

NEW SECTION. Sec. 4. The board may:

(1) Accept gifts, loans, grants, or endowments from public and private sources for the planning or financing of any community outdoor athletic fields project and enter into agreements with any such agency concerning the loans or grants;

(2) Provide technical assistance to local governments, school districts, or qualified nonprofit organizations;

(3) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter;

(4) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

(5) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

NEW SECTION. Sec. 5. The community outdoor athletic fields assistance account is hereby established in the state treasury. Money may be placed in the community outdoor athletic fields assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the community outdoor athletic fields assistance account shall be used to make loans and to give financial guarantees to local governments for community outdoor athletic fields projects. Moneys in the account may also be appropriated to provide for state match requirements under federal law for projects and activities conducted and financed by the board.

NEW SECTION. Sec. 6. In order to aid the financing of community outdoor athletic fields projects, the board may:

(1) Make low-interest or interest-free loans based on financial considerations according to standards established by the board to local governments, school districts, or qualified nonprofit organizations from the community outdoor athletic fields assistance account or other funds and accounts for the purpose of assisting local governments, school districts, or qualified nonprofit organizations in financing community outdoor athletic fields projects. The board may require such terms and conditions and may charge such rates of interest on its loans as it deems necessary or convenient to carry out the purposes of this chapter. Money received from local governments, school districts, and qualified nonprofit organizations in repayment of loans made under this section shall be paid into the community outdoor athletic fields assistance account for uses consistent with this chapter;

(2) Pledge money in the community outdoor athletic fields assistance account, or money to be received by the community outdoor athletic fields assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance community outdoor athletic fields projects. The board shall not pledge any amount greater than the sum of money in the community outdoor athletic fields assistance account plus money to be received from the payment of the debt service on loans made from that account, nor shall the board pledge the faith and credit or the taxing power of the state or any agency or subdivision thereof to the repayment of obligations issued by any local government;

(3) Create such subaccounts in the community outdoor athletic fields assistance account as the board deems necessary to carry out the purposes of this chapter;

(4) Provide a method for the allocation of loans and financing guarantees and the provision of technical assistance under this chapter.

All local community outdoor athletic fields projects aided in whole or in part under the provisions of this chapter shall be put out for competitive bids. The competitive bids called for shall be administered in the same manner as all other community outdoor athletic fields projects put out for competitive bidding by the local governmental entity aided under this chapter.

NEW SECTION. Sec. 7. (1) The board may make low-interest or interest-free loans, based on financial considerations according to standards established by the board, to local governments, school districts, and qualified nonprofit organizations for preconstruction activities on community outdoor athletic fields 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 community outdoor athletic fields projects as determined by the board. The purpose of the loans authorized in this section is to accelerate the completion of community outdoor athletic fields 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 provided by the board. 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.

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

NEW SECTION. Sec. 8. (1) To qualify for grants, loans, or pledges under this chapter the board must determine that a local government, school district, or qualified nonprofit organization meets all of the following conditions:

(a) The local government must have developed a long-term plan for financing community outdoor athletic fields needs;

(b) The local government must be using all local revenue sources which are reasonably available for funding community outdoor athletic fields, taking into consideration local employment and economic factors; and

(c) 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 community outdoor athletic fields projects as provided in this section. The intent of the priority process is to maximize the value of community outdoor athletic fields 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, school district, or qualified nonprofit organization receiving assistance has experienced severe fiscal distress;

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

(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) 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

(g) Other criteria that the board considers advisable.

(3) Existing debt or financial obligations of local governments, school districts, or qualified nonprofit organizations 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 community outdoor athletic fields project for which financial assistance is sought under this chapter.

(4) Before November 1st of each year, the board shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a description of the loans made under this chapter 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 community outdoor athletic fields project.

(5) The board shall not sign contracts or otherwise financially obligate funds from the community outdoor athletic fields assistance account before the legislature has appropriated funds for a specific list of community outdoor athletic fields 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 (5) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (7) of this section.

(7)(a) Loans made for the purpose of capital facilities plans shall be exempted from subsection (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 community outdoor athletic fields board for local governments not subject to the growth management act.

NEW SECTION. Sec. 9. After ten million dollars has been deposited in the youth athletic facility grant account created in RCW 43.99N.060(4), all subsequent funds that would have been deposited in that account shall be deposited in the community outdoor athletic fields assistance account created in section 5 of this act.

NEW SECTION. Sec. 10. The board shall keep proper records of accounts and shall be subject to audit by the state auditor.

NEW SECTION. Sec. 11. Loans from the community outdoor athletic fields assistance account under this chapter shall be made by loan agreement under chapter 39.69 RCW.

NEW SECTION. Sec. 12. Sections 2 through 11 of this act constitute a new chapter in Title 43 RCW.