CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1000
2001 Regular Legislative Session
Passed by the House February 20, 2001
Yeas 97 Nays 0
Speaker of the House of Representatives
Speaker of the House of Representatives
Passed by the Senate April 10, 2001
Yeas 48 Nays 0
We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1000 as passed by the House of Representatives and the Senate on the dates hereon set forth.
President of the Senate
Governor of the State of Washington
Secretary of State
State of Washington
SUBSTITUTE HOUSE BILL 1000
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001 Regular Session
By House Committee on Capital Budget (originally sponsored by Representatives Murray, Alexander, Ogden, Schoesler, Armstrong, Linville and McIntire; by request of Public Works Board)
Read first time . Referred to Committee on .
AN ACT Relating to the budget authority of the public works board, expenditures from the public works assistance account, and clarifying capital facility planning requirements; amending RCW 43.155.020, 43.155.065, 43.155.068, and 43.155.070; and reenacting and amending RCW 43.155.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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.
(1) "Board" means the public works board created in RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan required by the growth management act under chapter 36.70A RCW or, for local governments not fully planning under the growth management act, a plan required by the public works board.
(3) "Department" means the department of community, trade, and economic development.
"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.
"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.
"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, or
storm and sanitary sewage systems and solid waste facilities, including
recycling facilities. A planning project may include the compilation of
biological, hydrological, or other data on a county, drainage basin, or region
necessary to develop a base of information for a capital facility plan.
"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.
"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.
Sec. 2. RCW 43.155.050 and 1995 2nd sp.s. c 18 s 918 and 1995 c 376 s 11 are each reenacted and amended to read as follows:
The public works
assistance account is hereby established in the state treasury. Money may be
placed in the public works assistance account from the proceeds of bonds when
authorized by the legislature or from any other lawful source. Money in the
public works assistance account shall be used to make loans and to give
financial guarantees to local governments for public works 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 under the drinking water assistance account. ((
During the 1995-97
fiscal biennium, moneys in the public works assistance account may be
appropriated for transfer to the flood control assistance account to be used
for flood control assistance, including grants under chapter 86.26 RCW. To the
extent that moneys in the public works assistance account are not appropriated
during the 1995-97 fiscal biennium for public works or flood control
assistance, the legislature may direct their transfer to the state general
fund. In awarding grants under chapter 86.26 RCW, the department of ecology
shall give strong preference to local governments that have: (1) Implemented,
or are in the process of implementing, an ordinance that establishes a flood
plain policy that is substantially more stringent than minimum federal requirements;
(2) completed a comprehensive flood control plan meeting the requirements of
RCW 86.12.200; or (3) constructed, or are in the process of constructing, a
system of overtopping dikes or levees that allow public access.)) Not
more than fifteen percent of the biennial capital budget appropriation to the
public works board from this account may be expended or obligated for
preconstruction loans, emergency loans, or loans for capital facility planning
under this chapter; of this amount, not more than ten percent of the biennial
capital budget appropriation may be expended for emergency loans and not more
than one percent of the biennial capital budget appropriation may be expended
for capital facility planning loans.
Sec. 3. RCW 43.155.065 and 1990 c 133 s 7 are each amended to read as follows:
The board may make
low-interest or interest-free loans to local governments for emergency public
works projects. Emergency public works projects shall include the
construction, repair, reconstruction, replacement, rehabilitation, or
improvement of a public water system that is in violation of health and safety
standards and is being operated by a local government on a temporary basis.
The loans may be used to help fund all or part of an emergency public works
project less any reimbursement from any of the following sources: (1) Federal
disaster or emergency funds, including funds from the federal emergency
management agency; (2) state disaster or emergency funds; (3) insurance
settlements; or (4) litigation. ((
Emergency loans may be made only from
those funds specifically appropriated from the public works assistance account
for such purpose by the legislature. The amount appropriated from the public
works assistance account for emergency loan purposes shall not exceed five
percent of the total amount appropriated from this account in any biennium.))
Sec. 4. RCW 43.155.068 and 1995 c 363 s 2 are each amended 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.
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. 5. RCW 43.155.070 and 1999 c 164 s 602 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)) capital facility
plan (( for financing public works needs)); and
(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.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 must have adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a loan or loan guarantee under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a loan or loan guarantee under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a loan or loan guarantee.
(3) In considering awarding loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, the board shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(4) 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.
(5) 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.
(6) Before November 1 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 RCW 43.155.065, 43.155.068, and subsection (9) 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.
(7) 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.
(8) Subsection (7) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
made for the purpose of capital facilities plans shall be exempted from
subsection (7) 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
(10) To qualify for loans or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW.
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