BILL REQ. #: H-3276.1
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 04/15/09.
AN ACT Relating to creating jobs by funding construction of safety, health, and energy-saving improvements to public facilities; adding a new chapter to Title 43 RCW; creating new sections; and providing for submission of certain sections of this act to a vote of the people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 This act may be known and cited as the
Washington works act.
NEW SECTION. Sec. 102 The legislature intends to create jobs and
increase the quality of life of all Washington citizens by issuing
bonds for the investment in safety, health, and energy efficient
improvements to public facilities in all public K-12 school districts,
community and technical colleges, state universities, regional
universities, The Evergreen State College, and other public facilities.
This new source of funding for the critical capital needs of the
state's public facilities furthers the policy goals of the state and is
intended to enhance the ability of the state to fulfill its essential
role in stimulating the state's economy by creating jobs.
It is the intent of the legislature that this new source of funding
will not displace funding levels for the capital and operating budgets
of the state. It is instead intended that the new funding will allow
the public entities to use the current level of capital funding to
provide for many of those urgent needs. The legislature also intends
that the funds made available in this act be expended as quickly as
possible consistent with good management practices in order to provide
jobs for Washington families and realize long-term economic benefits
for our state.
NEW SECTION. Sec. 201 (1) For the purpose of creating jobs by
constructing needed capital improvements for the safety, health, and
energy efficiency of public facilities, the state finance committee is
authorized to issue general obligation bonds of the state of Washington
in the sum of three billion dollars, or so much thereof as may be
required, for this purpose and all costs incidental thereto. The bonds
issued under the authority of this section shall be known as Washington
works bonds.
(2) Bonds authorized in this section shall be sold in the manner,
at the time or times, in amounts, and at such prices as the state
finance committee shall determine.
(3) The authorization to issue bonds contained in this chapter does
not expire until the full authorization has been issued.
(4) 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.
NEW SECTION. Sec. 202 (1) The nondebt-limit reimbursable bond
retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in section 201 of this act.
(2) The state finance committee shall, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest
requirements on the bonds authorized in section 201 of this act.
(3) On each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of section 201 of this
act, the state treasurer shall transfer from the stabilization debt
payment account created in section 204 of this act for deposit into the
nondebt-limit reimbursable bond retirement account the amount computed
in subsection (2) of this section for bonds issued for the purposes of
section 201 of this act.
(4) If the stabilization debt payment account has insufficient
revenues to pay the principal and interest computed in subsection (2)
of this section, then the nondebt-limit general fund bond retirement
account shall be used for the payment of the remaining principal and
interest computed in subsection (2) of this section from any additional
means provided by the legislature.
NEW SECTION. Sec. 203 (1) Bonds issued under part II of this act
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and shall
contain an unconditional promise to pay the principal and interest as
the same shall become due.
(2) The owner and holder of each of the bonds or the trustee for
the owner and holder of any of the bonds may by mandamus or other
appropriate proceeding require the transfer and payment of funds as
directed in this section.
NEW SECTION. Sec. 204 The stabilization debt payment account is
created in the state treasury. All receipts from energy savings
authorized in section 309 of this act must be deposited in the account.
Moneys in the account may be spent only after appropriation.
NEW SECTION. Sec. 301 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION
K-12 School Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation is provided solely for modernization and
renovation of school facilities to address the safety and health needs
and to improve the energy efficiency of school facilities. Immediate
safety and health improvements shall be considered the highest
priority. Within the total amount, the office of the superintendent of
public instruction shall provide $100,000 to each school district and
distribute the remainder by equal amounts per full-time equivalent
student in each school district.
(2) The superintendent of public instruction shall report to the
appropriate committees of the legislature and the office of financial
management on the timing and use of the funds by the end of each fiscal
year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $2,002,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $2,002,000,000
NEW SECTION. Sec. 302 FOR THE COMMUNITY AND TECHNICAL COLLEGE
SYSTEM
Community and Technical College Safety, Health, and Energy
Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. The state board for community
and technical colleges system board shall report to the appropriate
committees of the legislature and the office of financial management on
the timing and use of the funds by the end of each fiscal year, until
the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $286,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $286,000,000
NEW SECTION. Sec. 303 FOR THE UNIVERSITY OF WASHINGTON
University of Washington Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. The University of Washington
shall report to the appropriate committees of the legislature and the
office of financial management on the timing and use of the funds by
the end of each fiscal year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $79,100,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $79,100,000
NEW SECTION. Sec. 304 FOR WASHINGTON STATE UNIVERSITY
Washington State University Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. Washington State University
shall report to the appropriate committees of the legislature and the
office of financial management on the timing and use of the funds by
the end of each fiscal year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $45,700,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $45,700,000
NEW SECTION. Sec. 305 FOR WESTERN WASHINGTON UNIVERSITY
Western Washington University Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. Western Washington University
shall report to the appropriate committees of the legislature and the
office of financial management on the timing and use of the funds by
the end of each fiscal year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $25,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $25,000,000
NEW SECTION. Sec. 306 FOR EASTERN WASHINGTON UNIVERSITY
Eastern Washington University Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. Eastern Washington University
shall report to the appropriate committees of the legislature and the
office of financial management on the timing and use of the funds by
the end of each fiscal year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $19,100,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $19,100,000
NEW SECTION. Sec. 307 FOR CENTRAL WASHINGTON UNIVERSITY
Central Washington University Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. Central Washington University
shall report to the appropriate committees of the legislature and the
office of financial management on the timing and use of the funds by
the end of each fiscal year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $18,800,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $18,800,000
NEW SECTION. Sec. 308 FOR THE EVERGREEN STATE COLLEGE
The Evergreen State College Safety, Health, and Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
improvements related to safety, health, and energy efficiency of
facilities. Energy efficiency projects shall take priority for the
funds received from this appropriation. The Evergreen State College
shall report to the appropriate committees of the legislature and the
office of financial management on the timing and use of the funds by
the end of each fiscal year, until the funds are fully expended.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $8,600,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $8,600,000
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF GENERAL
ADMINISTRATION
Public Facility Energy Efficiency
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation is provided solely for energy efficiency
improvements to public facilities. The director of general
administration, in consultation with the Washington State University
energy extension program and the department of community, trade, and
economic development, shall provide energy efficiency services as soon
as practicable for all public facilities. Performance-based
contracting shall be the preferred method of delivering energy
efficiency services, unless the department of general administration
finds another method of delivering energy efficiency services will be
more efficient or cost-effective.
(2) One-half of the funds provided from the Washington works bonds
for energy efficiency improvements must be repaid from the energy
savings within ten years. The repayments shall be deposited into the
stabilization debt payment account.
(3) Up to $200,000,000 of the appropriation is provided for energy
efficiency improvements in public schools, including K-12 schools,
community and technical colleges, state universities, regional
universities, and The Evergreen State College.
(4) The department shall report to the appropriate committees of
the legislature and the office of financial management on the timing
and use of the funds by the end of each fiscal year, until the funds
are fully expended.
(5) The definitions in this section apply throughout this act
unless the context clearly requires otherwise.
(a) "Energy-saving performance contracting" means the process
authorized by chapter 39.35C RCW by which a company contracts with a
state agency to conduct no-cost energy audits, guarantee energy savings
from energy efficiency, provide financing for energy efficiency
improvements, and agree to be paid for its investment solely from
savings resulted from the energy efficiency improvement installed or
implemented.
(b) "Energy efficiency services" includes energy audits,
weatherization, energy efficiency retrofits, and energy efficiency
measures or improvements.
(c) "Public facilities" means buildings, building components, and
major equipment or systems.
Appropriation:
Washington Works Account--State . . . . . . . . . . . . $500,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $500,000,000
NEW SECTION. Sec. 401 (1) The legislature may provide additional
means for raising moneys for the payment of the principal of and
interest on the bonds authorized in section 201 of this act, and
section 309 of this act shall not be deemed to provide an exclusive
method for their payment.
(2) The issuance of bonds under this chapter is not deemed to be
the only method to fund projects under this chapter.
(3) The office of the state treasurer shall determine a mechanism
to allow individual Washington state residents to purchase Washington
works bonds.
NEW SECTION. Sec. 402 The bonds authorized by this chapter shall
constitute a legal investment for all state funds or for funds under
state control and all funds of municipal corporations.
NEW SECTION. Sec. 403 The state finance committee is authorized
to prescribe the form, terms, conditions, and covenants of the bonds
provided for in this act, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale and
issuance.
NEW SECTION. Sec. 404 The Washington works account is created in
the state treasury. All receipts from bonds authorized under section
201 of this act must be deposited in the account. Moneys in the
account may be spent only after appropriation. The proceeds from the
sale of the bonds authorized in section 201 of this act shall be
deposited in the account. Moneys in the account shall be used
exclusively for:
(1) The purposes of part III of this act, which includes the
safety, health, and energy efficiency improvements to schools and other
public facilities; and
(2) The payment of the expenses incurred in connection with the
sale and issuance of the bonds.
NEW SECTION. Sec. 501 (1) The secretary of state shall submit
parts I and II of this act to the people for their adoption and
ratification, or rejection, at the next general election to be held in
this state, in accordance with Article II, section 1 and Article VIII,
section 3 of the state Constitution and the laws adopted to facilitate
their operation.
(2) If the people ratify this act as specified under subsection (1)
of this section, revenues generated shall be spent as detailed in this
act.
(3) Pursuant to RCW 29A.72.050(6), the statement of subject and
concise description for the ballot title shall read: "The legislature
has passed House Bill No . . . . (this act), concerning funding
improvements for schools and other public facilities. This bill would
authorize bonds to construct safety, health, and energy efficiency
improvements to schools and other public facilities."
NEW SECTION. Sec. 502 This act is contingent upon approval by
the voters of parts I and II of this act. If parts I and II of this
act are not approved by the voters by December 1, 2009, this act is
null and void.
NEW SECTION. Sec. 503 Part headings used in this act are not any
part of the law.
NEW SECTION. Sec. 504 Sections 201 through 204 and 401 through
403 of this act constitute a new chapter in Title