BILL REQ. #: S-3781.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Energy, Natural Resources & Marine Waters.
AN ACT Relating to achieving efficiencies in the stocking of trout in freshwater areas to enhance recreational fishing opportunities; amending RCW 41.06.142; adding a new section to chapter 77.18 RCW; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 77.18 RCW
to read as follows:
(1)(a) By July 1, 2014, and thereafter, the department shall
annually use at least fifty percent of all operating moneys expended to
produce or obtain trout for purposes of stocking freshwater areas to
enhance recreational fishing opportunities on contracts with registered
aquatic farmers, as defined in RCW 15.85.020.
(b) The department shall work diligently to achieve the expeditious
implementation of the requirements of (a) of this subsection, and shall
incrementally increase the use of contracts with registered aquatic
farmers in the following manner:
(i) During fiscal year 2013, the department shall expend at least
fifteen percent of relevant operating expenditures on these contracts;
(ii) During fiscal year 2014, the department shall expend at least
thirty percent of relevant operating expenditures on these contracts;
and
(iii) By July 1, 2014, and thereafter, the department shall fully
implement the requirements of (a) of this subsection.
(c)(i) The operating expenditures subject to this subsection
consist of all operating objects of expenditure including operations
and maintenance, administration, and personnel including retirement,
medical, and other benefits used by the department to produce or obtain
trout, including trophy trout, trout fry, and trout fingerlings in
order to stock freshwater areas for the purpose of enhancing
recreational fishing opportunities.
(ii) Current contracting levels for trout production from
registered aquatic farmers do not count towards the requirements of
this subsection. The department shall determine current contracting
levels by calculating the mean average percentage of the annual
operating expenditures subject to this section, as described under this
subsection (1)(c), used by the department to obtain trout through
contracts with registered aquatic farmers during the 2009 through 2011
fiscal years.
(2) In determining what trout production to obtain through
contracts with registered aquatic farmers in order to meet the
requirements of subsection (1) of this section, the department shall
consider factors including the following:
(a) The actual total annual direct and indirect costs of trout
production at department trout production facilities including, but not
limited to: All operating objects of expenditure including operations
and maintenance, administration, and personnel including retirement,
medical, and other benefits; equipment and depreciation; and capital
costs including future capital costs and debt service payments on those
future capital costs;
(b) The relative effectiveness and cost-efficiency of the various
categories of department trout production, including trophy trout,
trout fry, and trout fingerlings;
(c) The relative effectiveness and cost efficiency of the
department's trout production under (a) and (b) of this subsection as
compared to obtaining the production through contracts with registered
aquatic farmers;
(d) The relative effectiveness, cost efficiency, and sustainability
of the department's various trout production facilities; and
(e) The results of the comprehensive performance audit conducted
under section 2 of this act.
(3) Consistent with RCW 43.01.036, the department must submit a
progress report to the appropriate standing committees of the senate
and house of representatives by September 1st of each year that
includes an update on the implementation of subsection (1) of this
section, information and analysis derived from the considerations under
subsection (2) of this section, and any legislative recommendations.
NEW SECTION. Sec. 2 (1) By July 1, 2013, the state auditor shall
complete a comprehensive audit, in accordance with RCW 43.09.470, of
the department of fish and wildlife's program to produce, obtain, and
stock freshwater areas with trout to enhance recreational fishing
opportunities.
(2) This section expires June 30, 2014.
Sec. 3 RCW 41.06.142 and 2011 1st sp.s. c 43 s 408 are each
amended to read as follows:
(1) Any department, agency, or institution of higher education may
purchase services, including services that have been customarily and
historically provided by employees in the classified service under this
chapter, by contracting with individuals, nonprofit organizations,
businesses, employee business units, or other entities if the following
criteria are met:
(a) The invitation for bid or request for proposal contains
measurable standards for the performance of the contract;
(b) Employees in the classified service whose positions or work
would be displaced by the contract are provided an opportunity to offer
alternatives to purchasing services by contract and, if these
alternatives are not accepted, compete for the contract under
competitive contracting procedures in subsection (4) of this section;
(c) The contract with an entity other than an employee business
unit includes a provision requiring the entity to consider employment
of state employees who may be displaced by the contract;
(d) The department, agency, or institution of higher education has
established a contract monitoring process to measure contract
performance, costs, service delivery quality, and other contract
standards, and to cancel contracts that do not meet those standards;
and
(e) The department, agency, or institution of higher education has
determined that the contract results in savings or efficiency
improvements. The contracting agency must consider the consequences
and potential mitigation of improper or failed performance by the
contractor.
(2) Any provision contrary to or in conflict with this section in
any collective bargaining agreement in effect on July 1, 2005, is not
effective beyond the expiration date of the agreement.
(3) Contracting for services that is expressly mandated by the
legislature or was authorized by law prior to July 1, 2005, including
contracts and agreements between public entities, shall not be subject
to the processes set forth in subsections (1), (4), and (5) of this
section.
(4) Competitive contracting shall be implemented as follows:
(a) At least ninety days prior to the date the contracting agency
requests bids from private entities for a contract for services
provided by classified employees, the contracting agency shall notify
the classified employees whose positions or work would be displaced by
the contract. The employees shall have sixty days from the date of
notification to offer alternatives to purchasing services by contract,
and the agency shall consider the alternatives before requesting bids.
(b) If the employees decide to compete for the contract, they shall
notify the contracting agency of their decision. Employees must form
one or more employee business units for the purpose of submitting a bid
or bids to perform the services.
(c) The department of enterprise services, with the advice and
assistance of the office of financial management, shall develop and
make available to employee business units training in the bidding
process and general bid preparation.
(d) The director of enterprise services, with the advice and
assistance of the office of financial management, shall, by rule,
establish procedures to ensure that bids are submitted and evaluated in
a fair and objective manner and that there exists a competitive market
for the service. Such rules shall include, but not be limited to: (i)
Prohibitions against participation in the bid evaluation process by
employees who prepared the business unit's bid or who perform any of
the services to be contracted; (ii) provisions to ensure no bidder
receives an advantage over other bidders and that bid requirements are
applied equitably to all parties; and (iii) procedures that require the
contracting agency to receive complaints regarding the bidding process
and to consider them before awarding the contract. Appeal of an
agency's actions under this subsection is an adjudicative proceeding
and subject to the applicable provisions of chapter 34.05 RCW, the
administrative procedure act, with the final decision to be rendered by
an administrative law judge assigned under chapter 34.12 RCW.
(e) An employee business unit's bid must include the fully
allocated costs of the service, including the cost of the employees'
salaries and benefits, space, equipment, materials, and other costs
necessary to perform the function. An employee business unit's cost
shall not include the state's indirect overhead costs unless those
costs can be attributed directly to the function in question and would
not exist if that function were not performed in state service.
(f) A department, agency, or institution of higher education may
contract with the department of enterprise services to conduct the
bidding process.
(5) As used in this section:
(a) "Employee business unit" means a group of employees who perform
services to be contracted under this section and who submit a bid for
the performance of those services under subsection (4) of this section.
(b) "Indirect overhead costs" means the pro rata share of existing
agency administrative salaries and benefits, and rent, equipment costs,
utilities, and materials associated with those administrative
functions.
(c) "Competitive contracting" means the process by which classified
employees of a department, agency, or institution of higher education
compete with businesses, individuals, nonprofit organizations, or other
entities for contracts authorized by subsection (1) of this section.
(6) The processes set forth in subsections (1), (4), and (5) of
this section do not apply to:
(a) RCW 74.13.031(5);
(b) The acquisition of printing services by a state agency; ((and))
(c) Contracting for services or activities by the department of
enterprise services under RCW 43.19.008 and the department may continue
to contract for such services and activities after June 30, 2018; and
(d) Contracting by the department of fish and wildlife under
section 1 of this act.
(7) The processes set forth in subsections (1), (4), and (5) of
this section do not apply to the consolidated technology services
agency when contracting for services or activities as follows:
(a) Contracting for services and activities that are necessary to
establish, operate, or manage the state data center, including
architecture, design, engineering, installation, and operation of the
facility that are approved by the technology services board created in
RCW 43.41A.070.
(b) Contracting for services and activities recommended by the
chief information officer through a business plan and approved by the
technology services board created in RCW 43.41A.070.