Preproposal statement of inquiry was filed as WSR 98-06-004.

Title of Rule: Chapter 180-29 WAC , State assistance in providing school plant facilities--Procedural regulations.

Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: See Purpose above.

Reasons Supporting Proposal: Amend to provide clarity and rewrite outdated wording; repeal sections that are no longer applicable.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: Technical corrections - 6; repeals - 5; paperwork reductions - 0; clarifications - 2; authority transfers (local control) - 1; new sections - 0; and additional requirements - 2.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Center for Education Leadership, 2921 Falk Road, Vancouver, WA 98661, on August 19, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by August 5, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by August 12, 1998.

Date of Intended Adoption: August 20, 1998.

July 1, 1998

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-29-005  Authority. This chapter is adopted pursuant to RCW ((28A.525.200)) 28A.525.020 relating to authority of the state board of education to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provision of chapter 28A.525 RCW currently applicable to state assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-29-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-005, filed 10/17/83.]

AMENDATORY SECTION (Amending Order 27-85, filed 11/27/85)

WAC 180-29-021  Deadline for submission of agenda items. ((The superintendent of public instruction shall not place on the agenda of any regular meeting of the state board of education any item requested by a district pertaining to the approval of school facilities, including state board of education action regarding study and surveys, site approval or waiver, planning grants, and any other matters requiring action by the state board of education pertaining to a school facility unless such district has presented to the superintendent of public instruction in satisfactory form all materials required by law or rule or regulation of the state board of education pertaining to such action at least sixty calendar days preceding the date of commencement of the next scheduled meeting of the state board of education: Provided, That if any error or omission in such materials is found prior to the thirtieth calendar day preceding the first day of such meeting and is corrected prior to such date, the superintendent of public instruction shall place such item on the agenda of the state board of education.)) All items related to the approval of school facilities and requiring action by the state board of education shall be submitted to the superintendent of public instruction no later than sixty days prior to the date of any regular state board of education meeting at which action is expected.

[Statutory Authority: RCW 28A.47.830. 85-24-050 (Order 27-85), § 180-29-021, filed 11/27/85.]

AMENDATORY SECTION (Amending Order 12-83, filed 10/17/83)

WAC 180-29-025  State board of education review. Upon completion of the study and survey by the superintendent of public instruction and review by district board of directors, the study and survey shall be submitted to the state board of education, accompanied by recommendations from the superintendent of public instruction and an application for state assistance from the district for the project(s) to be considered by the board. State board of education approval of a proposed project(s) shall establish the ((maximum)) area cost allowance and estimated amount of state financial assistance based upon the information furnished in the study and survey.

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-025, filed 10/17/83.]

AMENDATORY SECTION (Amending Order 12-83, filed 10/17/83)

WAC 180-29-035  Site((--Acceptance requirements)). (1) The district shall provide the superintendent of public instruction with ((evidence of compliance with applicable site conditions pursuant to chapter 180-26 WAC and)) certification from the district board of directors that the site will not create or aggravate racial imbalance.

(2) ((The superintendent of public instruction shall conduct an on-site review as required by chapter 180-26 WAC.

(3) Acceptance)) Review of the site by the superintendent of public instruction as required by chapter 180-26 WAC shall be ((a prerequisite to commencing with the design of a school facility project)) completed prior to issuance of preliminary funding status.

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-035, filed 10/17/83.]

AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-29-080  Construction documents--Bids and contract provisions. The construction documents shall include the following bid and contract provisions:

(1) Separate or combined bids. The school district shall determine if the bids for general, mechanical, or electrical are to be separate or combined.

(2) Combination projects. For those projects which include a combination of both new construction and modernization, bid documents shall provide for separate and distinct bids for each and shall, when combined, be the low bid for the project.

(3) Ineligible items. Items ineligible for state matching shall be bid separate or as an alternate.

(4) Bid law. All items included in the construction documents shall be bid in accordance with RCW 28A.335.190 and 43.19.1906.

(5) ((Fire)) Insurance. Provision for ((fire)) insurance is mandatory for all school facilities under construction. The insurance shall cover at a minimum the amount of the work in place and materials to be used in the project which is in place and on the site. Evidence shall be submitted to the superintendent of public instruction that insurance is provided for by the contractor or the school district. Only costs for insurance provided for in the construction documents will be matched.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-29-080, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-080, filed 10/17/83.]

AMENDATORY SECTION (Amending WSR 92-16-058, filed 8/3/92, effective 9/3/92)

WAC 180-29-085  Construction and other documents--Submittal. (1) For the purpose of determining that the provisions set forth in chapters 180-25 through 180-29 WAC have been complied with prior to the opening of bids of any project to be financed with state moneys, the school district shall ((submit to or)) have on file with the superintendent of public instruction the following:

(a) One microfilm copy of the construction documents;

(b) Cost estimate of construction on a form approved by the superintendent of public instruction, completed and signed by the architect-engineer;

(c) Signed copy or photocopy of letters of approval by other governmental agencies in accordance with WAC 180-29-090;

(d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter 180-27 WAC;

(e) Complete listing of construction special inspections and/or testing to be performed by independent sources that are included in the project pursuant to WAC 180-27-100;

(f) One copy of the value engineering report ((signed)) as accepted by the school district board of directors. The report shall include the following:

(i) A brief description of the original design;

(ii) A brief description of the value engineering methodology used;

(iii) The areas analyzed;

(iv) The design alternatives proposed;

(v) The cost changes proposed;

(vi) The alternates accepted; and

(vii) A brief statement ((by the school district board of directors)) explaining why each alternate not accepted was rejected;

(g) ((A)) Completed ((standardized)) Building ((inventory and)) Condition Evaluation Forms (BCEF) as required by WAC 180-27-535 for every school facility in the district.

(2) If the above documents reflect an increase in square foot size from the application approved by the state board of education as per WAC 180-29-030 which will result in an increase in state support, a new application must be submitted to the state board of education.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-29-085, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-085, filed 10/17/83.]

AMENDATORY SECTION (Amending WSR 94-01-014, filed 12/3/93, effective 1/3/94)

WAC 180-29-090  Construction documents--Other governmental agency approval. (((1))) The construction documents shall be submitted for the approval of the following other governmental agencies:

(((a))) (1) Fire marshal or fire chief having jurisdiction;

(((b))) (2) Department of labor and industries or local jurisdiction when permitted by the department of labor and industries (electrical);

(((c))) (3) Health agency having jurisdiction;

(((d))) (4) Department of ecology or the local agency having jurisdiction for environmental approvals (when applicable); and

(((e))) (5) Building official ((of the)) having jurisdiction.

Approvals shall be in respect to compliance with pertinent rules and regulations established by said agencies.

(((2) The school district shall receive)) Written approvals of the construction documents by the agencies ((and submit proof of such approvals)) shall be submitted to the superintendent of public instruction in accordance with WAC 180-29-085.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-014, § 180-29-090, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.802. 84-21-003 (Order 11-84), § 180-29-090, filed 10/4/84. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-090, filed 10/17/83.]

AMENDATORY SECTION (Amending WSR 91-20-151, filed 10/2/91, effective 11/2/91)

WAC 180-29-1075  State board of education commitment when district is authorized to open bids. ((Except as provided at WAC 180-29-1076)) When a district is granted approval to open bids pursuant to WAC 180-29-107, the state board of education is committed as provided at WAC 180-29-107 as well as to all other state building assistance determinations including but not limited to((, for example,)) additional state assistance((,)) and professional fees((,)) determined pursuant to state building assistance rules and regulations in effect at the time such approval to open bids is granted. This commitment is subject to the district's compliance with the time limitation for requesting an authorization for contract award as set forth in WAC 180-29-108.

[Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-1075, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-29-1075, filed 2/4/86.]

AMENDATORY SECTION (Amending WSR 91-20-151, filed 10/2/91, effective 11/2/91)

WAC 180-29-115  Authorization for contract award. (1) Upon receipt of the items as per WAC 180-29-110, the superintendent of public instruction shall:

(a) Analyze the bids;

(b) Determine the amount of state moneys allocable; and

(c) ((Except as provided at WAC 180-29-116)) Make an allocation of state moneys for construction and other items as per chapter 180-27 WAC.

(2) Authorization for contract award and allocation of state moneys shall be contingent upon the following:

(a) The contract price for the construction has been established by competitive bid(s); and

(b) The school district has available sufficient local funds pursuant to chapter 180-25 WAC.

[Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-115, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-115, filed 10/17/83.]

AMENDATORY SECTION (Amending Order 12-83, filed 10/17/83)

WAC 180-29-155  Final acceptance of project by architect/engineer. Upon final completion of the project by contractor(s), the architect/engineer shall inspect the project to determine compliance with the construction documents. The architect/engineer, upon determining that the project has been completed satisfactorily, shall make such recommendation through the issuance of a certificate of completion to the school district board of directors. Separate certificates of completion shall be written for each contract awarded. Certificates of completion shall provide a statement of work completed including the gross square footage of new and/or modernized construction.

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-155, filed 10/17/83.]

AMENDATORY SECTION (Amending Order 24-85, filed 11/27/85)

WAC 180-29-200  Forms. In addition to forms prescribed in WAC 180-25-200 and 180-26-200, commencing January 1, 1986, forms applicable to the provisions of this chapter for school facility projects ((after such date)) shall be as follows:

(1) Applications for secured funding status pursuant to WAC 180-29-107 shall be designated as SPI Form D-7.

(2) Grants of secured funding status pursuant to WAC 180-29-107 shall be given to districts through SPI Form D-8.

(3) Grants of authority for school districts to proceed without secured funding status pursuant to WAC 180-29-107 shall be given to districts through SPI Form D-8-1.

(4) Applications for authority to enter into contracts pursuant to WAC 180-29-110 shall be designated as SPI Form D-9.

(5) Grants of authority to enter into contracts pursuant to WAC 180-29-115 shall be given to districts through SPI Form D-10.

(6) Grants of authority for school districts to enter into contracts without secured funding status pursuant to WAC 180-29-115 shall be given to districts through SPI Form D-10-1.

(7) Applications for SPI to release retainage pursuant to WAC 180-29-165 shall be designated as SPI Form D-11.

(((7))) (8) Grants of release of final retainage pursuant to WAC 180-29-165 shall be given through SPI Form D-12.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-29-200, filed 11/27/85.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 180-29-015 Application--Study and survey by the superintendent of public instruction.

WAC 180-29-020 Study and survey--Local involvement.

WAC 180-29-030 State board of education approval.

WAC 180-29-1076 Suspension of state building assistance commitments pending adoption of new priority system for allocating state assistance.

WAC 180-29-116 Suspension of state building assistance commitments pending adoption of new priority system for allocating state assistance.