ESSB 5807 -
By Committee on Capital Budget
NOT CONSIDERED 04/26/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the quality of
public school buildings is a vital element of providing a quality
education, and that extending the useful life of such buildings through
major equipment repair and major preventive maintenance is an essential
element of a comprehensive program to provide quality public school
buildings. Further, major equipment repair and major preventive
maintenance which prolongs the useful life of school buildings will
reduce other capital costs needed for school buildings. Accordingly,
the legislature finds that renovation and replacement of major building
facilities and systems that extends the useful life of these facilities
and systems beyond their original planned life shall be considered
construction, remodeling, or modernization of the affected facilities
and systems, as such terms are used in RCW 84.52.053 and Article VII,
section 2 of the state Constitution. It is the intent of the
legislature that these expenditures be deemed for a major capital
purpose and are also permitted uses of funds created by a district's
two to six-year levies authorized by RCW 84.52.053.
Sec. 2 RCW 28A.320.330 and 2007 c 503 s 2 and 2007 c 129 s 2 are
each reenacted and amended to read as follows:
School districts shall establish the following funds in addition to
those provided elsewhere by law:
(1) A general fund for maintenance and operation of the school
district to account for all financial operations of the school district
except those required to be accounted for in another fund.
(2) A capital projects fund shall be established for major capital
purposes. All statutory references to a "building fund" shall mean the
capital projects fund so established. Money to be deposited into the
capital projects fund shall include, but not be limited to, bond
proceeds, proceeds from excess levies authorized by RCW 84.52.053,
state apportionment proceeds as authorized by RCW 28A.150.270, earnings
from capital projects fund investments as authorized by RCW 28A.320.310
and 28A.320.320, and state forest revenues transferred pursuant to
subsection (3) of this section.
Money derived from the sale of bonds, including interest earnings
thereof, may only be used for those purposes described in RCW
28A.530.010, except that accrued interest paid for bonds shall be
deposited in the debt service fund.
Money to be deposited into the capital projects fund shall include
but not be limited to rental and lease proceeds as authorized by RCW
28A.335.060, and proceeds from the sale of real property as authorized
by RCW 28A.335.130.
Money legally deposited into the capital projects fund from other
sources may be used for the purposes described in RCW 28A.530.010, and
for the purposes of:
(a) Major renovation((, including the)) and replacement of
facilities and systems where periodical repairs are no longer
economical or extend the useful life of the facility or system beyond
its original planned useful life. ((Major)) Such renovation and
replacement shall include, but shall not be limited to, major repairs,
replacement and refurbishment of roofing, exterior walls, windows,
heating and ventilating systems, floor covering in classrooms and
public or common areas, and electrical and plumbing systems.
(b) Renovation and rehabilitation of playfields, athletic fields,
and other district real property.
(c) The conduct of preliminary energy audits and energy audits of
school district buildings. For the purpose of this section:
(i) "Preliminary energy audits" means a determination of the energy
consumption characteristics of a building, including the size, type,
rate of energy consumption, and major energy using systems of the
building.
(ii) "Energy audit" means a survey of a building or complex which
identifies the type, size, energy use level, and major energy using
systems; which determines appropriate energy conservation maintenance
or operating procedures and assesses any need for the acquisition and
installation of energy conservation measures, including solar energy
and renewable resource measures.
(iii) "Energy capital improvement" means the installation, or
modification of the installation, of energy conservation measures in a
building which measures are primarily intended to reduce energy
consumption or allow the use of an alternative energy source.
(d) Those energy capital improvements which are identified as being
cost-effective in the audits authorized by this section.
(e) Purchase or installation of additional major items of equipment
and furniture: PROVIDED, That vehicles shall not be purchased with
capital projects fund money.
(f)(i) Costs associated with implementing technology systems,
facilities, and projects, including acquiring hardware, licensing
software, and online applications and training related to the
installation of the foregoing. However, the software or applications
must be an integral part of the district's technology systems,
facilities, or projects.
(ii) Costs associated with the application and modernization of
technology systems for operations and instruction including, but not
limited to, the ongoing fees for online applications, subscriptions, or
software licenses, including upgrades and incidental services, and
ongoing training related to the installation and integration of these
products and services. However, to the extent the funds are used for
the purpose under this subsection (2)(f)(ii), the school district shall
transfer to the district's general fund the portion of the capital
projects fund used for this purpose. The office of the superintendent
of public instruction shall develop accounting guidelines for these
transfers in accordance with internal revenue service regulations.
(g) Major equipment repair, painting of facilities, and other major
preventive maintenance purposes. Funds used for this purpose may not
supplant routine annual preventive maintenance expenditures made from
the district's general fund. However, to the extent the funds are used
for the purpose under this subsection (2)(g), the school district shall
transfer to the district's general fund the portion of the capital
projects fund used for this purpose. The office of the superintendent
of public instruction shall develop accounting guidelines for these
transfers in accordance with internal revenue service regulations.
(3) A debt service fund to provide for tax proceeds, other
revenues, and disbursements as authorized in chapter 39.44 RCW. State
forest land revenues that are deposited in a school district's debt
service fund pursuant to RCW 79.64.110 and to the extent not necessary
for payment of debt service on school district bonds may be transferred
by the school district into the district's capital projects fund.
(4) An associated student body fund as authorized by RCW
28A.325.030.
(5) Advance refunding bond funds and refunded bond funds to provide
for the proceeds and disbursements as authorized in chapter 39.53 RCW.
Sec. 3 RCW 84.52.053 and 2007 c 129 s 3 are each amended to read
as follows:
(1) The limitations imposed by RCW 84.52.050 through 84.52.056, and
84.52.043 shall not prevent the levy of taxes by school districts, when
authorized so to do by the voters of such school district in the manner
and for the purposes and number of years allowable under Article VII,
section 2(a) of the Constitution of this state. Elections for such
taxes shall be held in the year in which the levy is made or, in the
case of propositions authorizing two-year through four-year levies for
maintenance and operation support of a school district, authorizing
two-year levies for transportation vehicle funds established in RCW
28A.160.130, or authorizing two-year through six-year levies to support
the construction, modernization, or remodeling of school facilities,
which includes the purposes of RCW 28A.320.330(2) (f) and (g), in the
year in which the first annual levy is made.
(2) Once additional tax levies have been authorized for maintenance
and operation support of a school district for a two-year through four-year period as provided under subsection (1) of this section, no
further additional tax levies for maintenance and operation support of
the district for that period may be authorized. For the purpose of
applying the limitation of this subsection, a two-year through six-year
levy to support the construction, modernization, or remodeling of
school facilities shall not be deemed to be a tax levy for maintenance
and operation support of a school district.
(3) A special election may be called and the time therefor fixed by
the board of school directors, by giving notice thereof by publication
in the manner provided by law for giving notices of general elections,
at which special election the proposition authorizing such excess levy
shall be submitted in such form as to enable the voters favoring the
proposition to vote "yes" and those opposed thereto to vote "no".
NEW SECTION. Sec. 4 This act expires July 1, 2013."
Correct the title.