State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 03/25/11.
AN ACT Relating to financing local government infrastructure; amending RCW 43.155.010, 43.155.020, 43.155.050, and 43.155.060; adding a new section to chapter 43.155 RCW; and repealing RCW 43.155.055, 43.155.070, 43.155.075, 43.155.100, 43.155.110, and 43.155.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.155.010 and 1996 c 168 s 1 are each amended to read
as follows:
(1) The legislature finds that ((there exists in the state of
Washington over four billion dollars worth of critical projects for the
planning, acquisition, construction, repair, replacement,
rehabilitation, or improvement of streets and roads, bridges, water
systems, and storm and sanitary sewage systems. The December, 1983
Washington state public works report prepared by the planning and
community affairs agency documented that local governments expect to be
capable of financing over two billion dollars worth of the costs of
those critical projects but will not be able to fund nearly half of the
documented needs.)), since the creation of the
public works board and the public works assistance account twenty-five
years ago, over two billion dollars in low interest loans to local
governments have financed needed infrastructure repairs and
improvements. Many of these loans have built wastewater treatment
systems resulting in water quality improvements in rivers, lakes, and
Puget Sound. Some of these loans have improved the safety and
efficiency of drinking water systems. Other loans repaired roads and
bridges and financed solid waste recycling programs. Some of these
public work improvements would not have occurred without the low
interest public works loan. Others would have been delayed, and many
would have been constructed with a higher financial burden on utility
ratepayers. Even with these successes, there remains a significant
backlog of projects to repair and improve public infrastructure.
The legislature further finds that Washington's local governments
have unmet financial needs for solid waste disposal, including
recycling, and encourages the board to make an equitable geographic
distribution of the funds.
It is the policy of the state of Washington to encourage self-reliance by local governments in meeting their public works needs and
to assist in the financing of critical public works projects by making
loans, financing guarantees, and technical assistance available to
local governments for these projects.
(2) The legislature finds that capital facilities planning by local
government has improved, and there are a variety of new grant and loan
programs for local government infrastructure financed with state and
federal resources. Prior studies of state programs that provide
assistance for local infrastructure have identified duplication and
redundancy among the various programs leading to coordination
challenges in determining the entire state investment in a particular
project. These studies have also identified the need to clarify state
policy objectives for programs that provide state financial assistance
for local government infrastructure. Further, these studies have found
that state assistance can be delayed by unnecessary steps in the
process and that programs do not rapidly adapt to emerging needs.
(3) The legislature also finds that low interest loans can provide
significant assistance for jurisdictions that have difficulty in
accessing traditional private market tax exempt bond financing.
(4) The legislature recognizes that prior efforts to reform
programs providing assistance for local infrastructure have lacked a
clear and strong mandate to consolidate and simplify the many statutes,
boards, programs, and accounts.
(5) The legislature intends to modernize state programs providing
assistance for local infrastructure. The programs include the public
works assistance account, the clean water and drinking water state
revolving funds, the centennial clean water program, the water system
acquisition and rehabilitation program, the community economic
revitalization board, and other funds and appropriations administered
by state agencies that address any of the policy objectives in section
2(1)(d) of this act. The legislature intends to:
(a) Clarify the policy objectives of state assistance for local
infrastructure;
(b) Focus the criteria to prioritize investment of state resources
according to those policy objectives;
(c) Eliminate redundancy and duplication among the various
infrastructure assistance programs;
(d) Increase the speed of delivering state assistance for local
infrastructure and the ability to respond to emerging infrastructure
needs;
(e) Maximize the acquisition and use of federal funding sources;
(f) Ensure transparency in total state and federal assistance for
individual projects;
(g) Improve access to the lowest cost private market financing; and
(h) Ensure periodic review of progress on meeting the objectives in
(a) through (g) of this subsection.
(6) It is state policy that planning for, developing, and
adequately maintaining local public infrastructure is the
responsibility of local governments. In the provision of utility
services, it is the responsibility of local governments to establish
adequate rates to pay for these systems. While reinforcing that policy
of local responsibility, the legislature recognizes that, in some
cases, compelling state policy objectives justify providing state
assistance for both utility-based and nonutility-based infrastructure.
The legislature intends to create a system for providing assistance for
local infrastructure that is organized around the state policy
objectives for that assistance while reinforcing this policy of local
responsibility.
NEW SECTION. Sec. 2 A new section is added to chapter 43.155 RCW
to read as follows:
(1) The board must prepare and submit to the appropriate committees
of the legislature by November 1, 2011, an implementation plan to
create a reformed state system for providing assistance for local
infrastructure. The implementation plan must include draft legislation
and the organizational and budgetary changes necessary to implement the
new system in time for the 2013-2015 budget cycle. In developing the
implementation plan, the board must consult with the appropriate state
agencies that provide infrastructure funding and technical assistance.
In addition, the board must work in cooperation with local governments
or entities that would benefit from state and federal infrastructure
funding and technical assistance regarding the policy objectives
described in (d) of this subsection. The new system must have the
following characteristics:
(a) Transparency. State assistance for a specific project must be
a consolidated package of loans and/or grants from all sources. For
large, multiphased projects, the consolidated package of assistance may
describe an intent to fund multiple phases over more than one biennium.
In accepting the package of state assistance, the applicant must agree
to not seek additional state assistance unless there are significant
changes to the project or fiscal capacity of the applicant. All state
assistance in the form of low interest loans must describe the annual
debt service value of the low interest loan compared to the likely
annual debt service payments with private market financing. It is the
responsibility of the board to consolidate reporting of all state
assistance for local infrastructure to ensure transparency;
(b) Accountability. Applicants for state assistance for local
infrastructure must accept the policy of local responsibility described
in RCW 43.155.010. The board must collect and monitor information
necessary to report to the legislature progress in meeting this policy.
The board must also offer technical assistance to eligible recipients
that are most challenged by this policy. The board must coordinate
with the appropriate agencies to establish minimum requirements for
eligibility for state assistance for local infrastructure. Applicants
for state assistance must demonstrate that sound financial practices,
proper operation, management, maintenance, and ongoing oversight are in
place to ensure the long-term sustainability and timely future
replacement of the proposed project. Applicants not meeting these
minimum requirements must agree to an implementation plan to assure
they will meet these requirements as a condition of accepting state
assistance;
(c) Efficiency and performance. The board and other appropriate
state agencies must develop a system for applying for state assistance
that standardizes data elements that are common among the applications
for various kinds of assistance and collects the sufficient information
needed to prioritize applications within each policy objective.
Application must be redesigned to reduce steps that unnecessarily delay
projects. Organizational responsibilities to implement the new system
must minimize the portion of infrastructure assistance funding diverted
to agency indirect administrative expenses. Measures of efficiency and
performance must be developed and reported every two years, including
the portion of state assistance funding that is used to administer the
assistance programs and the portion that is spent on agency indirect
administrative expenses. The performance measures must address the
specific policy objectives for each policy focused investment; and
(d) Policy-focused investments. The legislature intends to
consolidate appropriations from all available funds for the following
policy-focused local infrastructure investments in (d)(i) through (vi)
of this subsection. Each policy-focused appropriation, including
appropriations from the public works assistance account, must be to the
agency with the greatest expertise in that policy objective. The board
and each appropriate state agency must develop financial policies to
address account integrity, repayment terms, and other state and federal
requirements. In consultation with the appropriate agencies, the board
must conduct a biennial survey and analysis of local infrastructure
needs and available resources that are related to state policy
objectives for local infrastructure assistance. Based on that
analysis, the board must recommend to the governor and legislature
investment levels towards the various state policy objectives, within
expected levels of funding for state assistance. The board may also
recommend new kinds of infrastructure assistance that address emerging
state policy objectives.
(i) Water quality. State assistance for water quality
infrastructure and other water quality mitigation assets must support
projects that result in the greatest improvements in the state's
surface and groundwater, for communities least able to pay for those
projects or for jurisdictions who are early adopters of new regulations
and effective new technology. Water quality projects must be evaluated
and prioritized against these policy objectives by the department of
ecology. The department of ecology may allocate up to fifteen percent
of the appropriation of the public works assistance account for water
quality for emergency repairs and preconstruction activities.
(ii) Safe drinking water. State assistance for drinking water
infrastructure must support projects that address or prevent violations
of applicable federal, state, and local drinking water requirements,
increase a public water system's ability to protect the public's
health, assist those communities least able to pay for such projects,
and promote increased water or energy efficiency or innovation that
will improve environmental sustainability and protect public health.
State assistance may also support projects that will restructure or
consolidate noncompliant, failing, or struggling public drinking water
systems that have water quality problems or deteriorated
infrastructure. The department of health must evaluate and prioritize
safe drinking water projects based on these policy objectives. The
department of health may allocate up to fifteen percent of the
appropriation of the public works assistance account for safe drinking
water for emergency repairs and preconstruction activities.
(iii) Storm water. State assistance for storm water infrastructure
must support projects that result in the greatest improvements
necessary to meet national pollution discharge elimination system
requirements for communities least able to pay for those projects or
for jurisdictions who are early adopters of new regulations and
effective new technology. Storm water projects must be evaluated and
prioritized against these policy objectives by the department of
ecology. The department of ecology may allocate up to fifteen percent
of the appropriation of the public works assistance account for storm
water for emergency repairs and preconstruction activities.
(iv) Economic development. State assistance for economic
development infrastructure must support the different economic
development challenges of different regions of the state. Economic
development projects in rural areas of the state with high unemployment
must be evaluated based on the retention or creation of family wage
jobs and long-term employment growth potential compared to the existing
employment opportunities in the community. Economic development
projects in areas of the state with high potential for development of
innovative products and services, including innovation partnership
zones under RCW 43.330.270, must be evaluated based on the prospects
for long-term employment growth. Economic development projects in
urban and suburban areas of the state must be evaluated based on the
number of family wage jobs retained or created and on how the project
will support increased density and development along efficient
multimodal transportation systems. The kinds of infrastructure that
may be supported within the economic development policy objective
include all those defined as public facilities in RCW 43.160.020 and
any other public capital asset that supports the policy objectives.
Economic development projects must be evaluated and prioritized against
these policies by the community economic revitalization board under
chapter 43.160 RCW in consultation with the economic development
commission under chapter 43.162 RCW.
(v) Access to private financing. State assistance for local
infrastructure must expand capacity to improve local infrastructure.
Improving access to and reducing the cost of private market financing
for local government infrastructure supports the foundation policy of
local responsibility while expanding the capacity to improve local
infrastructure. The board and the state treasurer must develop an
application and due diligence process for the evaluation and
prioritization of projects receiving assistance to improve access to
private financing under RCW 43.155.060.
(vi) Solid waste and recycling. State assistance for reduction of
solid waste and improved recycling must support projects that divert
waste from landfills and improve efficient recycling efforts in
communities least able to pay for those projects. Solid waste and
recycling projects must be evaluated and prioritized against these
policy objectives by the department of ecology.
(vii) Flood levies. State assistance for flood levy repairs and
improvements must support projects that will achieve the greatest
reduction of the risk to public safety and property from levies at risk
of failure due to changes in flood water flows and deterioration of the
levy structural capacity. State assistance is not intended to supplant
the responsibility of local government and property owners benefiting
from levies to adequately fund the routine repair and maintenance of
levies. Jurisdictions accepting state assistance for flood levies must
demonstrate compliance with the responsibility to adequately fund levy
routine repair and maintenance or agree to a plan to meet that
responsibility. Jurisdictions seeking state assistance for levies must
demonstrate adequate land use policies that prevent inappropriate
development in flood plains, prevent encroachment upon flood levies,
and prevent the inappropriate use of flood levies. Flood levy projects
must be evaluated and prioritized against these policy objectives by
the department of ecology.
(2) The implementation plan must also make recommendations on how
nonrate-based infrastructure could receive state infrastructure
assistance.
Sec. 3 RCW 43.155.020 and 2009 c 565 s 33 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section ((shall)) apply throughout this chapter.
(1) "Board" means the public works board created in RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan required
by the growth management act under chapter 36.70A RCW or, for local
governments not fully planning under the growth management act, a plan
required by the public works board.
(3) "Department" means the department of commerce.
(4) (("Financing guarantees" means the pledge of money in the
public works assistance account, or money to be received by the public
works assistance account, to the repayment of all or a portion of the
principal of or interest on obligations issued by local governments to
finance public works projects.)) "Contingent loan agreement" means an
agreement between the state and a local government in which the state
provides an absolute and unconditional commitment to make a loan to a
local government from the infrastructure financing account in order to
enhance the credit of local government borrowing.
(5) "Local governments" means cities, towns, counties, special
purpose districts, and any other municipal corporations or quasi-municipal corporations in the state excluding school districts ((and
port districts)).
(6) "Public works project" means a project of a local government
for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets and roads,
bridges, water systems, ((or)) storm and sanitary sewage systems and
solid waste facilities, or other capital facilities that support the
policy objectives of the state's local infrastructure investments
described in section 2 of this act, including recycling facilities. A
planning project may include the compilation of biological,
hydrological, or other data on a county, drainage basin, or region
necessary to develop a base of information for a capital facility plan.
(7) (("Solid waste or recycling project" means remedial actions
necessary to bring abandoned or closed landfills into compliance with
regulatory requirements and the repair, restoration, and replacement of
existing solid waste transfer, recycling facilities, and landfill
projects limited to the opening of landfill cells that are in existing
and permitted landfills.)) "Technical assistance" means training and other services
provided to local governments to help such local governments:
(8)
(a) ((Help such local governments)) Plan, apply, and qualify for
loans ((and financing guarantees from the board)), grants, and
contingent loan agreements; and
(b) ((help local governments)) Improve their ability to plan for,
finance, acquire, construct, repair, replace, rehabilitate, and
maintain public facilities; and
(c) Comply with the policies of local responsibility described in
section 2 of this act.
Sec. 4 RCW 43.155.050 and 2010 1st sp.s. c 37 s 932 are each
amended to read as follows:
The public works assistance account is hereby established in the
state treasury. Money may be placed in the public works assistance
account from the proceeds of bonds when authorized by the legislature
or from any other lawful source. Money in the public works assistance
account ((shall)) must be used to make loans, grants, and to give
financial guarantees to local governments for public works projects.
Moneys in the account may also be appropriated to provide for state
match requirements ((under federal law for projects and activities
conducted and financed by the board under the drinking water assistance
account)) for federal assistance for clean water and drinking water
local infrastructure. Moneys in the account may also be appropriated
for payments required under contingent loan agreements for
infrastructure projects. Moneys in the account may be appropriated to
provide financial assistance through the water system acquisition and
rehabilitation program created in chapter 70.119A RCW. Not more than
fifteen percent of the biennial capital budget appropriation to the
public works board from this account may be expended or obligated for
preconstruction loans, emergency loans, or loans for capital facility
planning under this chapter; of this amount, not more than ten percent
of the biennial capital budget appropriation may be expended for
emergency loans and not more than one percent of the biennial capital
budget appropriation may be expended for capital facility planning
loans. ((For the 2007-2009 biennium, moneys in the account may be used
for grants for projects identified in section 138, chapter 488, Laws of
2005 and section 1033, chapter 520, Laws of 2007. During the 2009-2011
fiscal biennium, sums in the public works assistance account may be
used for the water pollution control revolving fund program match in
section 3013, chapter 36, Laws of 2010 1st sp. sess. During the 2009-2011 fiscal biennium, the legislature may transfer from the job
development fund to the general fund such amounts as reflect the excess
fund balance of the fund.))
Sec. 5 RCW 43.155.060 and 1988 c 93 s 2 are each amended to read
as follows:
(1) In order to aid the financing of public works projects, the
board may:
(((1) Make low-interest or interest-free loans to local governments
from the public works assistance account or other funds and accounts
for the purpose of assisting local governments in financing public
works projects. The board may require such terms and conditions and
may charge such rates of interest on its loans as it deems necessary or
convenient to carry out the purposes of this chapter. Money received
from local governments in repayment of loans made under this section
shall be paid into the public works assistance account for uses
consistent with this chapter))
(a) Make loans to local governments to assist those local
governments to pay all or a portion of the principal of or interest on
obligations issued to finance infrastructure projects pursuant to
contingent loan agreements; and
(b)(i) Coordinate with the Washington state treasurer who, on
behalf of the state of Washington, may prescribe the terms of and enter
into a contingent loan agreement between the state and a local
government if the state treasurer determines that such a contingent
loan agreement is financially prudent and is consistent with the
provisions of this chapter. Contingent loan agreements may be entered
into by the state treasurer only with local governments whose limited
tax general obligations or senior revenue obligations, as applicable to
the obligations concerned, are rated not higher than A1 or A+ by at
least one of the nationally recognized rating agencies.
(ii) The state's obligation to make any loan to a local government
pursuant to the terms of a contingent loan agreement is subject to
appropriation from the public works assistance account.
(iii) The office of the state treasurer may charge a fee to local
governments to recover the costs of creating the contingent loan
agreements.
(iv) In order to provide for the state's obligations under the
terms of contingent loan agreements, the legislature must provide, from
time to time in appropriations acts, for such amounts as may be
required to make timely payments from the infrastructure financing
account.
(2) ((Pledge money in the public works assistance account, or money
to be received by the public works assistance account, to the repayment
of all or a portion of the principal of or interest on obligations
issued by local governments to finance public works projects. The
board shall not pledge any amount greater than the sum of money in the
public works assistance account plus money to be received from the
payment of the debt service on loans made from that account, nor shall
the board)) Neither the board nor the state treasurer may pledge the
faith and credit or the taxing power of the state or any agency or
subdivision thereof to the repayment of obligations issued by any local
government.
(3) In order to aid the financing of public works projects, the
board may:
(a) Create such subaccounts in the public works assistance account
as the board deems necessary to carry out the purposes of this
chapter((.)); and
(((4))) (b) Provide a method for the allocation of loans ((and
financing guarantees)), grants, and contingent loan agreements and the
provision of technical assistance under this chapter.
(4) All local public works projects aided in whole or in part under
the provisions of this chapter ((shall)) must be put out for
competitive bids, except for emergency public works under RCW
43.155.065 for which the recipient jurisdiction ((shall)) must comply
with this requirement to the extent feasible and practicable. The
competitive bids called for ((shall)) must be administered in the same
manner as all other public works projects put out for competitive
bidding by the local governmental entity aided under this chapter.
NEW SECTION. Sec. 6 The following acts or parts of acts are each
repealed:
(1) RCW 43.155.055 (Water storage projects and water systems
facilities subaccount) and 2003 c 330 s 1;
(2) RCW 43.155.070 (Eligibility, priority, limitations, and
exceptions) and 2009 c 518 s 16 & 2008 c 299 s 25;
(3) RCW 43.155.075 (Loans for public works projects -- Statement of
environmental benefits -- Development of outcome-focused performance
measures) and 2001 c 227 s 10;
(4) RCW 43.155.100 (Water conservation account) and 2002 c 329 s
11;
(5) RCW 43.155.110 (Puget Sound partners) and 2007 c 341 s 25; and
(6) RCW 43.155.120 (Administering funds -- Preference to an evergreen
community) and 2008 c 299 s 30.