BILL REQ. #:  S-2967.2 

READ FIRST TIME 04/14/03.   

     AN ACT Relating to the stewardship and preservation of state college and university facilities; amending RCW 43.88.032; adding a new chapter to Title 28B RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   This chapter is created in furtherance of findings from the higher education facility preservation study, undertaken by the joint legislative audit and review committee, whose final report was submitted to the legislature January 8, 2003. The legislature affirms that preventive and ongoing facility maintenance, properly supported, can prevent and mitigate preservation backlogs. The legislature declares its intent to set in motion a series of structural changes that will support facility stewardship and ensure that, moving forward in time, the state of Washington and its institutions of higher education do not again face a 1.3 billion dollar deficit of capital improvements to preserve existing buildings for their current use; preservation needs that will likely take a decade or longer to redress. To that end and as a first step, this chapter implements the summary recommendation that asks the legislature to designate an agency to sustain and expand the comparable framework and assemble information as needed to support facilities-related budget and policy development for biennial sessions starting in 2005.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Auxiliary programs" are secondary to the missions of state institutions of higher education and, being enterprise in character, draw supporting revenue from user fees and charges. Examples include housing and dining; food services; vehicular parking; infirmaries; hospitals; recreation and student-activity centers; campus stores retailing textbooks, supplies, clothing, and objects bearing institutional logos or emblems; and media reproduction centers, among others.
     (2) "Comparable framework" means methods and systems to collect, cross-walk, calibrate, verify on a sample basis, and assemble facilities information produced and maintained by institutions of higher education and other state agencies into a data framework that can be used to understand and budget for state and mixed facilities.
     (3) "Educational and general programs" are those that support the primary missions of state institutions of higher education: Student instruction, faculty research, and educational public service.
     (4) "Enterprise facility" means a state-owned building structure exclusively housing auxiliary programs, and includes infrastructure necessary for safe and normal operations by its occupants.
     (5) "Facility rating" is a score that reflects an individual building's ability to support its current use as measured against one out of five condition classes as follows:
     (a) "One" or "superior" means a building with major systems that are in extremely good condition and functioning well;
     (b) "Two" or "good" means a building with major systems in good condition, functioning adequately, and within their expected life cycles;
     (c) "Three" or "adequate" means a building with some older major systems that, though still functional, are approaching the end of their expected life cycles;
     (d) "Four" or "limited functionality" means a building with some major systems that are in poor condition, exceed expected life cycles, and require immediate attention to prevent or mitigate impacts on function;
     (e) "Five" or "marginal functionality" means a building with some major systems that are failing and significantly restrict continued use of the building.
     (6) "Major building system" refers to foundations, building structures, roofs, interior construction and finishes, heating, ventilation and air condition systems, electrical systems, plumbing, and other components necessary for safe and normal plant operation.
     (7) "Mixed facility" means a state-owned building structure where educational and general and auxiliary programs are jointly housed, and includes infrastructure necessary for safe and normal operations by its occupants.
     (8) "Preservation" means routine and preventive inspection, mechanical adjustments, and minor work to replace or repair systems, surfaces, or materials undertaken to maintain a building and its existing infrastructure for current use by current occupants.
     (9) "State facility" means a state-owned building structure exclusively housing educational and general programs, and includes infrastructure necessary for safe and normal operation by its occupants.
     (10) "Stewardship" means the collective action undertaken with appropriated and nonappropriated funds by institutional authorities to keep facilities in safe and functional condition for occupants, without deterioration for lack of attention or resources, that optimize the useful life of installed building systems and material construction, given advancing age.

NEW SECTION.  Sec. 3   The joint legislative audit and review committee shall periodically update the comparative framework. The scope of work, focus, funding, and expectations for data and support from state agencies shall be as defined by the legislature through the omnibus appropriations act.

NEW SECTION.  Sec. 4   The higher education facility preservation account is created in the state treasury. The account shall consist of moneys transferred or appropriated to the account by the legislature. Moneys in the account may be spent only after appropriation and solely for preservation projects and activities to keep state and mixed facilities that are currently classified in the comparable framework as adequate, good, or superior in condition from deteriorating until such time as a capital project to modernize, renovate, or replace the facility is approved by the legislature. Preservation projects and activities must clearly extend the remaining useful life of the facility, and shall only take place in state and mixed facilities that will be operated for not less than thirteen years from the date of investment.

Sec. 5   RCW 43.88.032 and 1997 c 96 s 5 are each amended to read as follows:
     (1) Normal maintenance costs, except for funds appropriated for facility preservation of state institutions of higher education under chapter 28B.--- RCW (sections 1 through 4 of this act), shall be programmed in the operating budget rather than in the capital budget.
     (2) All debt-financed pass-through money to local governments shall be programmed and separately identified in the budget document.

NEW SECTION.  Sec. 6   Sections 1 through 4 of this act constitute a new chapter in Title 28B RCW.

NEW SECTION.  Sec. 7   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 July 1, 2003.