[atlas:bill]

AN ACT Relating to state capital funding assistance for jails; amending RCW 43.155.020; adding new sections to chapter 70.48 RCW; creating a new section; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that local governments need financial assistance in constructing new jails or making improvements to existing jails. The public health and safety depends on having space in jails for persons who constitute a danger to society, who have violated parole, or who otherwise legally should be in jail but are not because of a lack of space. The legislature periodically has provided assistance to local governments in the past to build or renovate jails. Examples of this assistance include a 1983 program funded by one hundred forty-four million dollars in general obligation bonds, and three million dollars for the Yakima jail in 1991. The legislature intends to help local governments address a backlog in jail construction and renovation projects.

NEW SECTION. Sec. 2. A new section is added to chapter 70.48 RCW to read as follows:

(1) For the purposes of providing funds for the planning, acquisition, construction, and improvement of jails and necessary supporting facilities within the state, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred million dollars, or as much thereof as may be required, to finance these projects and all costs incidental thereto, except for acquisition and preparation of sites. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.

(2) The proceeds from the sale of bonds authorized in subsection (1) of this section must be deposited in the state building construction account created in RCW 43.83.020.

NEW SECTION. Sec. 3. A new section is added to chapter 70.48 RCW to read as follows:

(1) The department of community, trade, and economic development must make recommendations to the legislature regarding the use of funds provided under section 2 of this act for the purpose of grants to local governments for the planning, acquisition, construction, and improvement of jails and necessary supporting facilities within the state, except for acquisition and preparation of the sites. In making recommendations under this section, the department of community, trade, and economic development must develop a priority process for jail projects. The priority list shall consider, among other things, the following:

(a) Geographic balance;

(b) The cost of the project in comparison to the local government's financial resources;

(d) Other criteria that the department of community, trade, and economic development considers advisable.

(2) The department of community, trade, and economic development must, by December 1st of each year, submit its prioritized list of jail projects to the appropriate fiscal committees of the senate and house of representatives. Projects are considered approved only if the legislature appropriates funds for those specific projects.

NEW SECTION. Sec. 4. The sum of twenty-four million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2003, from the state building construction account from the sale of bonds authorized in section 2 of this act to the department of community, trade, and economic development for a grant to Benton county for a jail facility. Before receiving the grant, the county must demonstrate to the satisfaction of the department of community, trade, and economic development the ability to complete the construction of the facility and fund its operation.

Sec. 5. RCW 43.155.020 and 1996 c 168 s 2 are each amended to read as follows:

((~~Unless the context clearly requires otherwise,~~)) The definitions in this section ((~~shall~~)) apply throughout this chapter unless the context clearly requires otherwise.

(1) "Board" means the public works board created in RCW 43.155.030.

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

(3) "Financing guarantees" means the pledge of money in the public works assistance account, or money to be received by the public works assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance public works projects.

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

(5) "Public works project" means a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, water systems, jails and supporting facilities, or storm and sanitary sewage systems and solid waste facilities, including recycling facilities.

(6) "Solid waste or recycling project" means remedial actions necessary to bring abandoned or closed landfills into compliance with regulatory requirements and the repair, restoration, and replacement of existing solid waste transfer, recycling facilities, and landfill projects limited to the opening of landfill cells that are in existing and permitted landfills.

(7) "Technical assistance" means training and other services provided to local governments to: (a) Help such local governments plan, apply, and qualify for loans and financing guarantees from the board, and (b) help local governments improve their ability to plan for, finance, acquire, construct, repair, replace, rehabilitate, and maintain public facilities.

NEW SECTION. Sec. 6. 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 takes effect immediately.