Passed by the Senate March 11, 2010 YEAS 44   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 10, 2010 YEAS 97   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6355 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 29, 2010, 2:41 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 30, 2010 Secretary of State State of Washington |
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 01/29/10.
AN ACT Relating to expanding the higher education system upon proven demand; amending RCW 28B.50.020, 28B.50.810, 28B.76.020, 28B.76.230, 28B.120.005, 28B.120.010, 28B.120.020, 43.88D.010, and 28B.76.210; adding a new section to chapter 28B.20 RCW; adding new sections to chapter 43.131 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 state
institutions of higher education are providing a high quality education
to the citizens of the state. The legislature further finds that to
meet goals of the strategic master plan for higher education the state
needs a higher education system that is capable of delivering many more
degrees. The legislature also finds that expansion of the system
should be based on the proven demands of the citizens and the
marketplace, a concept called "expand on demand." The legislature
further finds that the higher education coordinating board, in
collaboration with the state board for community and technical
colleges, the two-year and four-year institutions of higher education,
and other stakeholders developed a system design plan that contains
seven guiding principles for system expansion, focuses near-term
enrollment growth at university branch campuses, comprehensive
universities, and university centers where existing capacity is
available without new state capital investment, establishes a process
for evaluating major new capital expansion, and creates a fund for
innovation to foster change and innovation in higher education
delivery. The legislature finds that the strategies in the plan
support the concept of expand on demand and would increase degree
production by first reinvesting in higher education to use existing
capacity while also providing long-term strategies to guide decisions
on when and where to build new campuses, significantly expand existing
sites, and change missions of existing institutions.
The legislature endorses the system design plan, approved by the
higher education coordinating board in November 2009, and adopts the
recommendations and strategies in the plan.
Sec. 2 RCW 28B.50.020 and 2009 c 64 s 2 are each amended to read
as follows:
The purpose of this chapter is to provide for the dramatically
increasing number of students requiring high standards of education
either as a part of the continuing higher education program or for
occupational education and training, or for adult basic skills and
literacy education, by creating a new, independent system of community
and technical colleges which will:
(1) Offer an open door to every citizen, regardless of his or her
academic background or experience, at a cost normally within his or her
economic means;
(2) Ensure that each college district shall offer thoroughly
comprehensive educational, training, and service programs to meet the
needs of both the communities and students served by combining high
standards of excellence in academic transfer courses; realistic and
practical courses in occupational education, both graded and ungraded;
community services of an educational, cultural, and recreational
nature; and adult education, including basic skills and general,
family, and workforce literacy programs and services;
(3) Provide for basic skills and literacy education, and
occupational education and technical training at technical colleges in
order to prepare students for careers in a competitive workforce;
(4) Provide or coordinate related and supplemental instruction for
apprentices at community and technical colleges;
(5) Provide administration by state and local boards which will
avoid unnecessary duplication of facilities or programs; and which will
encourage efficiency in operation and creativity and imagination in
education, training, and service to meet the needs of the community and
students;
(6) Allow for the growth, improvement, flexibility and modification
of the community colleges and their education, training, and service
programs as future needs occur; and
(7) Establish firmly that((, except on a pilot basis)) as provided
under RCW 28B.50.810, community colleges are, for purposes of academic
training, two year institutions, and are an independent, unique, and
vital section of our state's higher education system, separate from
both the common school system and other institutions of higher
learning((, and never to be considered for conversion into four-year
liberal arts colleges)).
Sec. 3 RCW 28B.50.810 and 2008 c 166 s 2 are each amended to read
as follows:
(1) ((By April 2006,)) The college board ((shall)) may select
((four)) community or technical colleges to develop and offer programs
of study leading to ((an)) applied baccalaureate degrees. ((At least
one of the four pilot programs chosen must lead to a baccalaureate of
applied science degree which builds on an associate of applied science
degree. The college board shall convene a task force that includes
representatives of both the community and technical colleges to develop
objective selection criteria.)) Colleges may submit ((
(2) By February 2008, the college board shall select up to three
colleges to develop and offer programs of study leading to an applied
baccalaureate degree. At least one of the colleges selected must be a
technical college. The college board shall use the objective selection
criteria developed under subsections (1) and (3) of this section to
make the selection.
(3)an)) applications to ((become a pilot
college under this section)) the college board. The college board and
the higher education coordinating board shall review the applications
and select the ((pilot)) colleges using objective criteria, including,
but not limited to:
(a) The college demonstrates the capacity to make a long-term
commitment of resources to build and sustain a high quality program;
(b) The college has or can readily engage faculty appropriately
qualified to develop and deliver a high quality curriculum at the
baccalaureate level;
(c) The college can demonstrate demand for the proposed program
from a sufficient number of students within its service area to make
the program cost-effective and feasible to operate;
(d) The college can demonstrate that employers demand the level of
technical training proposed within the program, making it cost-effective for students to seek the degree; and
(e) The proposed program fills a gap in options available for
students because it is not offered by a public four-year institution of
higher education in the college's geographic area.
(((4))) (2) A college selected ((as a pilot college)) under this
section may develop the curriculum for and design and deliver courses
leading to an applied baccalaureate degree. However, degree programs
developed under this section are subject to approval by the college
board under RCW 28B.50.090 and by the higher education coordinating
board under RCW 28B.76.230 before a ((pilot)) college may enroll
students in upper division courses. ((A pilot college approved under
subsection (1) of this section may not enroll students in upper
division courses before the fall academic quarter of 2006. A pilot
college approved under subsection (2) of this section may not enroll
students in upper division courses before the fall academic quarter of
2009.))
Sec. 4 RCW 28B.76.020 and 1985 c 370 s 2 are each amended to read
as follows:
((For the purposes of this chapter:)) The definitions in this
section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the higher education coordinating board((; and)).
(2) "Four-year institutions" means the University of Washington,
Washington State University, Central Washington University, Eastern
Washington University, Western Washington University, and The Evergreen
State College.
(3) "Major expansion" means expansion of the higher education
system that requires significant new capital investment, including
building new institutions, campuses, branches, or centers or conversion
of existing campuses, branches, or centers that would result in a
mission change.
(4) "Mission change" means a change in the level of degree awarded
or institutional type not currently authorized in statute.
Sec. 5 RCW 28B.76.230 and 2005 c 258 s 11 are each amended to
read as follows:
(1) The board shall develop a comprehensive and ongoing assessment
process to analyze the need for additional degrees and programs,
additional off-campus centers and locations for degree programs, and
consolidation or elimination of programs by the four-year institutions.
Board recommendations regarding proposed major expansion shall be
limited to determinations of whether the major expansion is within the
scope indicated in the most recent strategic master plan for higher
education or most recent system design plan. Recommendations regarding
existing capital prioritization processes are not within the scope of
the evaluation of major expansion. Major expansion and proposed
mission changes may be proposed by the board, any public institution of
higher education, or by a state or local government.
(2) As part of the needs assessment process, the board shall
examine:
(a) Projections of student, employer, and community demand for
education and degrees, including liberal arts degrees, on a regional
and statewide basis;
(b) Current and projected degree programs and enrollment at public
and private institutions of higher education, by location and mode of
service delivery; ((and))
(c) Data from the workforce training and education coordinating
board and the state board for community and technical colleges on the
supply and demand for workforce education and certificates and
associate degrees ; and
(d) Recommendations from the technology transformation task force
created in chapter 407, Laws of 2009, and institutions of higher
education relative to the strategic and operational use of technology
in higher education. These and other reports, reviews, and audits
shall allow for: The development of enterprise-wide digital
information technology across educational sectors, systems, and
delivery methods; the integration and streamlining of administrative
tools including but not limited to student information management,
financial management, payroll, human resources, data collection,
reporting, and analysis; and a determination of the costs of multiple
technology platforms, systems, and models.
(3) Every two years the board shall produce, jointly with the state
board for community and technical colleges and the workforce training
and education coordinating board, an assessment of the number and type
of higher education and training credentials required to match employer
demand for a skilled and educated workforce. The assessment shall
include the number of forecasted net job openings at each level of
higher education and training and the number of credentials needed to
match the forecast of net job openings.
(4) The board shall determine whether certain major lines of study
or types of degrees, including applied degrees or research-oriented
degrees, shall be assigned uniquely to some institutions or
institutional sectors in order to create centers of excellence that
focus resources and expertise.
(5) The following activities are subject to approval by the board:
(a) New degree programs by a four-year institution;
(b) Creation of any off-campus program by a four-year institution;
(c) Purchase or lease of major off-campus facilities by a four-year
institution or a community or technical college;
(d) Creation of higher education centers and consortia;
(e) New degree programs and creation of off-campus programs by an
independent college or university in collaboration with a community or
technical college; and
(f) Applied baccalaureate degree programs developed by colleges
under RCW 28B.50.810.
(6) Institutions seeking board approval under this section must
demonstrate that the proposal is justified by the needs assessment
developed under this section. Institutions must also demonstrate how
the proposals align with or implement the statewide strategic master
plan for higher education under RCW 28B.76.200.
(7) The board shall develop clear guidelines and objective
decision-making criteria regarding approval of proposals under this
section, which must include review and consultation with the
institution and other interested agencies and individuals.
(8) The board shall periodically recommend consolidation or
elimination of programs at the four-year institutions, based on the
needs assessment analysis.
(9) In the case of a proposed major expansion or mission change,
the needs assessment process under subsection (2) of this section
constitutes a threshold inquiry. If the board determines that the need
for the proposed major expansion or mission change has not been
justified, the inquiry is concluded. If the board determines that the
need for the proposed major expansion or mission change has been
sufficiently established, the board, in consultation with any directly
involved institutions and other interested agencies and individuals,
shall proceed to examine the viability of the proposal using criteria
including, but not limited to:
(a) The specific scope of the project including the capital
investment requirements, the number of full-time equivalent students
anticipated, and the number of academic programs planned;
(b) The existence of an efficient and sustainable financial plan;
(c) The extent to which existing resources can be leveraged;
(d) The current and five-year projected student population,
faculty, and staff to support the proposed programs, institution, or
innovation;
(e) The plans to accommodate expected growth over a twenty-year
time frame;
(f) The extent to which new or existing partnerships and
collaborations are a part of the proposal; and
(g) The feasibility of any proposed innovations to accelerate
degree production.
(10) After the board completes its evaluation of the proposed major
expansion or mission change using the needs assessment under subsection
(2) of this section and viability determination under subsection (9) of
this section, the board shall make a recommendation to either proceed,
modify, or not proceed with the proposed major expansion or mission
change. The board's recommendation shall be presented to the governor
and the legislature.
Sec. 6 RCW 28B.120.005 and 1999 c 169 s
2 are each amended to
read as follows:
The legislature finds that encouraging collaboration among the
various educational sectors to meet statewide productivity and
educational attainment needs as described in the system design plan
developed by the higher education coordinating board will strengthen
the entire educational system, kindergarten through twelfth grade and
higher education. The legislature also recognizes that the most
effective way to develop innovative and collaborative programs is to
encourage institutions to develop them voluntarily, in line with
established state goals. Through a system of competitive grants, the
legislature shall encourage the development of innovative and
collaborative and cost-effective solutions to issues of critical
statewide need, including:
(1) Raising educational attainment and planning and piloting
innovative initiatives to reach new locations and populations;
(2) Recognizing needs of special populations of students, including
access and completion efforts targeting underrepresented populations;
(((2))) (3) Furthering the development of learner-centered,
technology-assisted course delivery, including expansion of online and
hybrid coursework, open courseware, and other uses of technology in
order to effectively and efficiently share costs, improve the quality
of instruction and student, faculty, and administrative services,
increase undergraduate and graduate student access, retention, and
graduation, and to enhance transfer capability;
(((3))) (4) Furthering the development of competency-based
measurements of student achievement to be used as the basis for
awarding degrees and certificates; ((and)) (5) Increasing the collaboration among both public and
private sector institutions of higher education; and
(4)
(6) Improving productivity through innovations such as accelerated
programs and alternative scheduling.
Sec. 7 RCW 28B.120.010 and 1999 c 169 s 5 are each amended to
read as follows:
The Washington fund for innovation and quality in higher education
program is established. The higher education coordinating board shall
administer the program ((for the purpose of awarding grants in which a
four-year institution of higher education is named as the lead
institution. The state board for community and technical colleges
shall administer the program for the purpose of awarding grants in
which a community or technical college is named as the lead
institution)) and shall work in close collaboration with the state
board for community and technical colleges and other local and regional
entities. Through this program the higher education coordinating
board((s)) may award on a competitive basis incentive grants to state
public or private nonprofit institutions of higher education or
consortia of institutions to encourage ((cooperative)) programs
designed to address specific system problems. ((Grants shall not
exceed a two-year period.)) Each institution or consortia of
institutions receiving the award shall contribute some financial
support, either by covering part of the costs for the program during
its implementation, or by assuming continuing support at the end of the
grant period. Strong priority will be given to proposals that involve
more than one sector of education((, and to proposals that show
substantive institutional commitment)). Institutions are encouraged to
solicit nonstate funds to support these cooperative programs.
Sec. 8 RCW 28B.120.020 and 1999 c 169 s 3 are each amended to
read as follows:
The higher education coordinating board shall have the following
powers and duties in administering the program for those proposals in
which a four-year institution of higher education is named as the lead
institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) ((To establish one or more review committees to assist in the
evaluation of proposals for funding. The review committee shall
include individuals with significant experience in higher education in
areas relevant to one or more of the funding period priorities and
shall include representatives from both the four-year and two-year
sectors of higher education;)) To award grants no later than September 1st in those years
when funding is available by June 30th;
(3)
(((4))) (3) To establish each biennium specific guidelines for
submitting grant proposals consistent with RCW 28B.120.005 and
consistent with the strategic master plan for higher education, the
system design plan, the overall goals of the program and ((consistent
with)) the guidelines established by the state board for community and
technical colleges under RCW 28B.120.025. ((During the 1999-01
biennium the guidelines shall be consistent with the following desired
outcomes of:))
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students
with disabilities;
(b) K-12 teacher preparation models that encourage collaboration
between higher education and K-12 to improve the preparedness of
teachers, including provisions for higher education faculty involved
with teacher preparation to spend time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12, community
and technical colleges, and four-year institutions of higher education
to develop a three-year degree program, or reduce the time to degree;
(d) Contracts with public or private institutions or businesses to
provide services or the development of collaborative programs;
(e) Articulation and transfer activities to smooth the transfer of
students from K-12 to higher education, or from the community colleges
and technical colleges to four-year institutions;
(f) Projects that further the development of learner-centered,
technology-assisted course delivery; and
(g) Projects that further the development of competency-based
measurements of student achievement to be used as the basis for
awarding degrees and certificates.
After June 30, 2001, and each biennium thereafter, the board shall
determine funding priorities for ((collaborative)) proposals for the
biennium in consultation with the governor, the legislature, the office
of the superintendent of public instruction, the state board for
community and technical colleges, the workforce training and education
coordinating board, higher education institutions, educational
associations, and business and community groups consistent with
statewide needs;
(((5))) (4) To solicit grant proposals and provide information to
the institutions of higher education about the program; and
(((6))) (5) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the
grants awarded by the higher education coordinating board.
Sec. 9 RCW 43.88D.010 and 2008 c 205 s 2 are each amended to read
as follows:
(1) By October ((15th)) 1st of each even-numbered year, the office
of financial management shall complete an objective analysis and
scoring of all capital budget projects proposed by the public four-year
institutions of higher education and submit the results of the scoring
process to the legislative fiscal committees, the higher education
coordinating board, and the four-year institutions((, except that, for
2008, the office of financial management shall complete the objective
analysis and scoring by November 1st)). Each project must be reviewed
and scored within one of the following categories, according to the
project's principal purpose. Each project may be scored in only one
category. The categories are:
(a) Access-related projects to accommodate enrollment growth at
main and branch campuses, at existing or new university centers, or
through distance learning. Growth projects should provide significant
additional student capacity. Proposed projects must demonstrate that
they are based on solid enrollment demand projections, more
cost-effectively provide enrollment access than alternatives such as
university centers and distance learning, and make cost-effective use
of existing and proposed new space;
(b) Projects that replace failing permanent buildings ((or renovate
facilities to restore building life and upgrade space to meet current
program requirements)). Facilities that cannot be economically
renovated are considered replacement projects. ((Renovation projects
should represent a complete renovation of a total facility or an
isolated wing of a facility. A reasonable renovation project should
cost between sixty to eighty percent of current replacement value and
restore the renovated area to at least twenty-five years of useful
life.)) New space may be programmed for the same or a different use
than the space being replaced ((or renovated)) and may include
additions to improve access and enhance the relationship of program or
support space;
(c) Projects that renovate facilities to restore building life and
upgrade space to meet current program requirements. Renovation
projects should represent a complete renovation of a total facility or
an isolated wing of a facility. A reasonable renovation project should
cost between sixty to eighty percent of current replacement value and
restore the renovated area to at least twenty-five years of useful
life. New space may be programmed for the same or a different use than
the space being renovated and may include additions to improve access
and enhance the relationship of program or support space;
(d) Major stand-alone campus infrastructure projects;
(((d))) (e) Projects that promote economic growth and innovation
through expanded research activity. The acquisition and installation
of specialized equipment is authorized under this category; and
(((e))) (f) Other project categories as determined by the office of
financial management in consultation with the legislative fiscal
committees.
(2) The office of financial management, in consultation with the
legislative fiscal committees ((and the joint legislative audit and
review committee)), shall establish a scoring system and process for
each four-year project category that is based on the framework used in
the community and technical college system of prioritization. Staff
from the state board for community and technical colleges, the higher
education coordinating board, and the four-year institutions shall
provide technical assistance on the development of a scoring system and
process.
(3) The office of financial management shall consult with the
legislative fiscal committees in the scoring of four-year institution
project proposals, and may also solicit participation by ((the joint
legislative audit and review committee and)) independent experts.
(a) For each four-year project category, the scoring system must,
at a minimum, include an evaluation of enrollment trends,
reasonableness of cost, the ability of the project to enhance specific
strategic master plan goals, age and condition of the facility if
applicable, and impact on space utilization.
(b) Each four-year project category may include projects at the
predesign, design, or construction funding phase.
(c) To the extent possible, the objective analysis and scoring
system of all capital budget projects shall occur within the context of
any and all performance agreements between the office of financial
management and the governing board of a public, four-year institution
of higher education that aligns goals, priorities, desired outcomes,
flexibility, institutional mission, accountability, and levels of
resources.
(4) In evaluating and scoring four-year institution projects, the
office of financial management shall take into consideration project
schedules that result in realistic, balanced, and predictable
expenditure patterns over the ensuing three biennia.
(5) The office of financial management shall distribute common
definitions, the scoring system, and other information required for the
project proposal and scoring process as part of its biennial budget
instructions((, except that, for the 2009-2011 budget development
cycle, this information must be distributed by July 1, 2008)). The
office of financial management, in consultation with the legislative
fiscal committees ((and the joint legislative audit and review
committee)), shall develop common definitions that four-year
institutions must use in developing their project proposals and lists
under this section.
(6) In developing any scoring system for capital projects proposed
by the four-year institutions, the office of financial management:
(a) Shall be provided with all required information by the four-year institutions as deemed necessary by the office of financial
management;
(b) May utilize independent services to verify, sample, or evaluate
information provided to the office of financial management by the four-year institutions; and
(c) Shall have full access to all data maintained by the higher
education coordinating board and the joint legislative audit and review
committee concerning the condition of higher education facilities.
(7) By August ((15th)) 1st of each even-numbered year((, beginning
in 2008,)) each public four-year higher education institution shall
prepare and submit prioritized lists of the individual projects
proposed by the institution for the ensuing six-year period in each
category. ((On a pilot basis, the office of financial management shall
require one research university to prepare two separate prioritized
lists for each category, one for the main campus, and one covering all
of the institution's branch campuses. The office of financial
management shall report to the legislative fiscal committees by
December 1, 2009, on the effect of this pilot project on capital
project financing for all branch campuses.)) The lists must be
submitted to the office of financial management and the legislative
fiscal committees. The four-year institutions may aggregate minor
works project proposals by primary purpose for ranking purposes.
Proposed minor works projects must be prioritized within the aggregated
proposal, and supporting documentation, including project descriptions
and cost estimates, must be provided to the office of financial
management and the legislative fiscal committees.
Sec. 10 RCW 28B.76.210 and 2008 c 205 s 4 are each amended to
read as follows:
(1) The board shall collaborate with the four-year institutions
including the council of presidents, the community and technical
college system, and when appropriate the workforce training and
education coordinating board, the superintendent of public instruction,
and the independent higher educational institutions to identify budget
priorities and levels of funding for higher education, including the
two and four-year institutions of higher education and state financial
aid programs. It is the intent of the legislature that recommendations
from the board reflect not merely the sum of budget requests from
multiple institutions, but prioritized funding needs for the overall
system of higher education.
(2) By December of each odd-numbered year, the board shall
distribute guidelines which outline the board's fiscal priorities to
the institutions and the state board for community and technical
colleges.
(a) The institutions and the state board for community and
technical colleges shall submit an outline of their proposed operating
budgets to the board no later than July 1st of each even-numbered year.
Pursuant to guidelines developed by the board, operating budget
outlines submitted by the institutions and the state board for
community and technical colleges after January 1, 2007, shall include
all policy changes and enhancements that will be requested by the
institutions and the state board for community and technical colleges
in their respective biennial budget requests. Operating budget
outlines shall include a description of each policy enhancement, the
dollar amount requested, and the fund source being requested.
(b) Capital budget outlines for the two-year institutions shall be
submitted by August 15th of each even-numbered year, and shall include
the prioritized ranking of the capital projects being requested, a
description of each capital project, and the amount and fund source
being requested.
(c) Capital budget outlines for the four-year institutions must be
submitted by August 15th of each even-numbered year, and must include:
The institutions' priority ranking of the project; the capital budget
category within which the project will be submitted to the office of
financial management in accordance with RCW 43.88D.010; a description
of each capital project; and the amount and fund source being
requested.
(d) The office of financial management shall reference these
reporting requirements in its budget instructions.
(3) The board shall review and evaluate the operating and capital
budget requests from four-year institutions and the community and
technical college system based on how the requests align with the
board's budget priorities, the missions of the institutions, and the
statewide strategic master plan for higher education under RCW
28B.76.200.
(4) The board shall submit recommendations on the proposed
operating budget and priorities to the office of financial management
by October 1st of each even-numbered year, and to the legislature by
January 1st of each odd-numbered year.
(5) The board's capital budget recommendations for the community
and technical college system and the four-year institutions must be
submitted to the office of financial management ((by November 15th of
each even-numbered year)) and to the legislature by ((January 1st of
each odd-numbered)) November 15th of each even-numbered year. The
board's recommendations for the four-year institutions must include
((the relative share of the higher education capital budget that the
board recommends be assigned to each project category, as defined in
RCW 43.88D.010, and to minor works program and preservation)) a single,
prioritized list of the major projects that the board recommends be
funded with state bond and building account appropriations during the
forthcoming fiscal biennium. In developing this single prioritized
list, the board shall:
(a) Seek to identify the combination of projects that will most
cost-effectively achieve the state's goals. These goals include
increasing baccalaureate and graduate degree production, particularly
in high-demand fields; promoting economic development through research
and innovation; providing quality, affordable educational environments;
preserving existing assets; and maximizing the efficient utilization of
instructional space;
(b) Be guided by the objective analysis and scoring of capital
budget projects completed by the office of financial management
pursuant to chapter 43.88D RCW;
(c) Anticipate (i) that state bond and building account
appropriations continue at the same level during each of the two
subsequent fiscal biennia as has actually been appropriated for the
baccalaureate institutions during the current one; (ii) that major
projects funded for design during a biennium are funded for
construction during the subsequent one before state appropriations are
provided for new major projects; and (iii) that minor health, safety,
code, and preservation projects are funded at the same average level as
in recent biennia before state appropriations are provided for new
major projects.
(((5))) (6) Institutions and the state board for community and
technical colleges shall submit any supplemental budget requests and
revisions to the board at the same time they are submitted to the
office of financial management. The board shall submit recommendations
on the proposed supplemental budget requests to the office of financial
management by November 1st and to the legislature by January 1st.
NEW SECTION. Sec. 11 A new section is added to chapter 28B.20
RCW to read as follows:
(1) This section provides an alternative process for awarding
contracts for construction, building, renovation, remodeling,
alteration, repair, or improvement of university buildings and
facilities in which critical patient care or highly specialized medical
research is located. These provisions may be used, in lieu of other
procedures to award contracts for such work, when the estimated cost of
the work is equal to or less than five million dollars and the project
involves construction, renovation, remodeling, or alteration of
improvements within a building that is used directly for critical
patient care or highly specialized medical research.
(2) The university may create a single critical patient care or
specialized medical research facilities roster or may create multiple
critical patient care or specialized medical research facilities
rosters for different trade specialties or categories of anticipated
work. At least once a year, the university shall publish in a
newspaper of general circulation a notice of the existence of the
roster or rosters and solicit a statement of qualifications from
contractors who wish to be on the roster or rosters of prime
contractors. In addition, qualified contractors shall be added to the
roster or rosters at any time they submit a written request, necessary
records, and meet the qualifications established by the university.
The university may require eligible contractors desiring to be placed
on a roster to keep current records of any applicable licenses,
certifications, registrations, bonding, insurance, or other appropriate
matters on file with the university as a condition of being placed on
a roster or rosters. Placement on a roster shall be on the basis of
qualifications.
(3) The public solicitation of qualifications shall include but not
be limited to:
(a) A description of the types of projects to be completed and
where possible may include programmatic, performance, and technical
requirements and specifications;
(b) The reasons for using the critical patient care and specialized
medical research roster process;
(c) A description of the qualifications to be required of a
contractor, including submission of an accident prevention program;
(d) A description of the process the university will use to
evaluate qualifications, including evaluation factors and the relative
weight of factors;
(e) The form of the contract to be awarded;
(f) A description of the administrative process by which the
required qualifications, evaluation process, and project types may be
appealed; and
(g) A description of the administrative process by which decisions
of the university may be appealed.
(4) The university shall establish a committee to evaluate the
contractors submitting qualifications. Evaluation criteria for
selection of the contractor or contractors to be included on a roster
shall include, but not be limited to:
(a) Ability of a contractor's professional personnel;
(b) A contractor's past performance on similar projects, including
but not limited to medical facilities, and involving either negotiated
work or other public works contracts;
(c) The contractor's ability to meet time and budget requirements;
(d) The contractor's ability to provide preconstruction services,
as appropriate;
(e) The contractor's capacity to successfully complete the project;
(f) The contractor's approach to executing projects;
(g) The contractor's approach to safety and the contractor's safety
history; and
(h) The contractor's record of performance, integrity, judgment,
and skills.
(5) Contractors meeting the evaluation committee's criteria for
selection must be placed on the applicable roster or rosters.
(6) When a project is selected for delivery through this roster
process, the university must establish a procedure for securing written
quotations from all contractors on a roster to assure that a
competitive price is established. Invitations for quotations shall
include an estimate of the scope and nature of the work to be performed
as well as materials and equipment to be furnished. Plans and
specifications must be included in the invitation but may not be
detailed. Award of a project must be made to the responsible bidder
submitting the lowest responsive bid.
(7) The university shall make an effort to solicit proposals from
certified minority or certified woman-owned contractors to the extent
permitted by the Washington state civil rights act, RCW 49.60.400.
(8) Beginning in September 2010 and every other year thereafter,
the university shall provide a report to the capital projects advisory
review board which must, at a minimum, include a list of rosters used,
contracts awarded, and a description of outreach to and participation
by women and minority-owned businesses.
NEW SECTION. Sec. 12 A new section is added to chapter 43.131
RCW to read as follows:
The alternative process for awarding contracts established in
section 11 of this act terminates June 30, 2015, as provided in section
13 of this act.
NEW SECTION. Sec. 13 A new section is added
to chapter 43.131
RCW to read as follows:
Section 11 of this act, as now existing or hereafter amended, is
repealed, effective June 30, 2016.