BILL REQ. #:  H-1641.1 

Read first time 02/14/2005.   Referred to Committee on Capital Budget.

     AN ACT Relating to stewardship of state capitol public and historic facilities; amending RCW 43.01.090, 43.19.500, and 79.24.087; adding new sections to chapter 79.24 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 the historic buildings of the Washington state capitol are the most important public buildings in the state. They are a source of beauty and pride, a resource for celebrating our heritage and democratic ideals, and an exceptional educational resource. Therefore, the public and historic facilities and associated public grounds of the state capitol campus should be managed and maintained to the highest standards of excellence, model the best of historic preservation practice, and maximize opportunities for public access and enjoyment. The purpose of this act is to provide authority and direction for the care and stewardship of the public and historic facilities of the state capitol, to facilitate public access, use, and enjoyment of these assets, and to carefully preserve them for the benefit of future generations.

NEW SECTION.  Sec. 2   A new section is added to chapter 79.24 RCW to read as follows:
     For the purposes of sections 3 and 4 of this act, and RCW 43.01.090, 43.19.500, and 79.24.087, "public and historic facilities" includes:
     (1) The east, west and north capitol campus grounds, Sylvester park, Heritage park, Marathon park, Centennial park, the Deschutes river basin commonly known as Capitol lake, the interpretive center, Deschutes parkway, and the landscape, memorials, artwork, fountains, streets, sidewalks, lighting, and infrastructure in each of these areas; and
     (2) The public spaces and the historic interior and exterior features of the following buildings: The visitor center, the Governor's mansion, the legislative building, the John L. O'Brien building, the Cherberg building, the Pritchard building, the temple of justice, the insurance building, the Dolliver building, capitol court, and the old capitol buildings, including the historic state-owned furnishings and works of art commissioned for or original to these buildings.

NEW SECTION.  Sec. 3   A new section is added to chapter 79.24 RCW to read as follows:
     The department of general administration is responsible for the stewardship, preservation, operation, and maintenance of the public and historic facilities of the state capitol, subject to the policy direction of the state capitol committee and the legislative buildings committee as created in chapter . . . (House Bill No. 1301), Laws of 2005, and the guidance of the capitol campus design advisory committee. In administering this responsibility, the department shall:
     (1) Adopt and give substantial deference to the United States secretary of the interior's standards for the treatment of historic properties;
     (2) Seek to balance the functional requirements of state operations with the desire for public access and the long-term preservation needs of the properties themselves; and
     (3) Consult with the capitol furnishings preservation committee, the state historic preservation officer, the state arts commission, and the state facilities accessibility advisory committee in fulfilling the responsibilities provided for in this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 79.24 RCW to read as follows:
     To provide for responsible stewardship of the public and historic facilities, funding for current and future development, maintenance, operation, and preservation needs shall be as follows:
     (1) Maintenance and operational needs will be authorized in the state's omnibus appropriations act and funded by the general administration services account under RCW 43.19.500. The revenue in this account for maintenance and operational needs will be generated from an agency cost allocation system determined jointly by the director of general administration and the director of the office of financial management.
     (2) Development and preservation needs will be authorized in the state's capital budget. To the extent revenue is available, the capitol building construction account under RCW 79.24.087 shall fund capital budget needs. If capitol building construction account funds are not available, the state building construction account funds may be authorized for this purpose.
     (3) The department of general administration is authorized to seek grants, gifts, or donations to support the stewardship of public and historic facilities. The department may sell historic state capitol furnishings and artifacts that have been designated as state surplus by the capitol furnishings preservation committee under RCW 27.48.040(6). Funds generated for omnibus appropriations act needs shall be deposited into the general administration services account. Funds generated for capital budget needs shall be deposited into the capitol building construction account.

Sec. 5   RCW 43.01.090 and 2002 c 162 s 1 are each amended to read as follows:
     The director of general administration may assess a charge or rent against each state board, commission, agency, office, department, activity, or other occupant or user for payment of a proportionate share of costs for occupancy of buildings, structures, or facilities including but not limited to all costs of acquiring, constructing, operating, and maintaining such buildings, structures, or facilities and the repair, remodeling, or furnishing thereof and for the rendering of any service or the furnishing or providing of any supplies, equipment, or materials.
     The director of general administration may recover the full costs including appropriate overhead charges of the foregoing by periodic billings as determined by the director including but not limited to transfers upon accounts and advancements into the general administration services account. Charges related to the rendering of real estate services under RCW 43.82.010 and to the operation ((of nonassigned public spaces in Thurston county)) and maintenance of public and historic facilities at the state capitol, as defined in section 2 of this act, shall be allocated separately from other charges assessed under this section. Rates shall be established by the director of general administration after consultation with the director of financial management. The director of general administration may allot, provide, or furnish any of such facilities, structures, services, equipment, supplies, or materials to any other public service type occupant or user at such rates or charges as are equitable and reasonably reflect the actual costs of the services provided: PROVIDED, HOWEVER, That the legislature, its duly constituted committees, interim committees and other committees shall be exempted from the provisions of this section.
     Upon receipt of such bill, each entity, occupant, or user shall cause a warrant or check in the amount thereof to be drawn in favor of the department of general administration which shall be deposited in the state treasury to the credit of the general administration services account unless the director of financial management has authorized another method for payment of costs.
     Beginning July 1, 1995, the director of general administration shall assess a capital projects surcharge upon each agency or other user occupying a facility owned and managed by the department of general administration in Thurston county, excluding public and historic facilities, as defined in section 2 of this act. The capital projects surcharge does not apply to agencies or users that agree to pay all future repairs, improvements, and renovations to the buildings they occupy and a proportional share, as determined by the office of financial management, of all other campus repairs, installations, improvements, and renovations that provide a benefit to the buildings they occupy or that have an agreement with the department of general administration that contains a charge for a similar purpose, including but not limited to RCW 43.01.091, in an amount greater than the capital projects surcharge. Beginning July 1, 2002, the capital projects surcharge does not apply to department of services for the blind vendors who operate cafeteria services in facilities owned and managed by the department of general administration; the department shall consider this space to be a common area for purposes of allocating the capital projects surcharge to other building tenants beginning July 1, 2003. The director, after consultation with the director of financial management, shall adopt differential capital project surcharge rates to reflect the differences in facility type and quality. The initial payment structure for this surcharge shall be one dollar per square foot per year. The surcharge shall increase over time to an amount that when combined with the facilities and service charge equals the market rate for similar types of lease space in the area or equals five dollars per square foot per year, whichever is less. The capital projects surcharge shall be in addition to other charges assessed under this section. Proceeds from the capital projects surcharge shall be deposited into the Thurston county capital facilities account created in RCW 43.19.501.

Sec. 6   RCW 43.19.500 and 1998 c 105 s 9 are each amended to read as follows:
     The general administration services account shall be used by the department of general administration for the payment of certain costs, expenses, and charges, as specified in this section, incurred by it in the operation and administration of the department in the rendering of services, the furnishing or supplying of equipment, supplies and materials, and for providing or allocating facilities, including the operation, maintenance, rehabilitation, or furnishings thereof to other agencies, offices, departments, activities, and other entities enumerated in RCW 43.01.090 and including the rendering of services in acquiring real estate under RCW 43.82.010 and the operation and maintenance of ((nonassigned public spaces in Thurston county)) public and historic facilities at the state capitol, as defined in section 2 of this act. The department shall treat the rendering of services in acquiring real estate and the operation and maintenance of ((nonassigned public spaces)) public and historic facilities as separate operating entities within the account for financial accounting and control.
     The schedule of services, facilities, equipment, supplies, materials, maintenance, rehabilitation, furnishings, operations, and administration to be so financed and recovered shall be determined jointly by the director of general administration and the director of financial management, in equitable amounts which, together with any other income or appropriation, will provide the department of general administration with funds to meet its anticipated expenditures during any allotment period.
     The director of general administration may adopt rules governing the provisions of RCW 43.01.090 and this section and the relationships and procedures between the department of general administration and such other entities.

Sec. 7   RCW 79.24.087 and 1923 c 12 s 1 are each amended to read as follows:
     All revenues received from leases and sales of lands, timber and other products on the surface or beneath the surface of the lands granted to the state of Washington by the United States pursuant to an act of Congress approved February 22, 1889, for capitol building purposes, shall be paid into the "capitol building construction account". Available revenues in this account shall first be pledged to public and historic facilities as defined under section 2 of this act.