5224-S2

AN ACT Relating to international capital projects; adding new sections to chapter 43.330 RCW; adding new sections to chapter 43.131 RCW; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A large number of major urban and rural development projects, which are often referred to as capital projects are undertaken each year throughout the world. Certain of these projects are of such magnitude as to require the expertise and resources of a consortium of businesses. Additionally, initial government involvement is often advantageous for businesses attempting to secure contracts for capital projects.

NEW SECTION. Sec. 2. (1) "Capital project" means a major urban or rural economic development project including, but not limited to, highways, ports, public facilities, power plants, irrigation systems, resorts, and sewage systems.

(2) "Consortium" means a partnership, copartnership, joint venture, joint stock company, business trust, corporation, association, or any group of businesses acting as a unit for the purpose of securing a capital project.

NEW SECTION. Sec. 3. There is established, as a project within the department of community, trade, and economic development, the office of capital projects. The office shall:

(1) Assist consortium and Washington state businesses in obtaining international and domestic capital projects;

(2) Assist businesses in the formation of consortiums, when appropriate, that have the range of services and technical skills to compete for capital projects;

(3) Assist consortiums and businesses to market their services and products in international markets;

(4) Compile information on capital project opportunities for consortiums and businesses including:

(a) Identifying those types of businesses with the type and level of expertise to participate in various capital projects; and

(b) Identifying the type of capital projects and international markets that have the greatest potential for consortiums and businesses to provide products and services;

(5) Provide information to consortiums and businesses on the purpose and services of the office of capital projects;

(6) Provide initial assistance to consortiums and businesses in securing capital project contracts, including such intergovernmental contacts as considered appropriate with countries or regions where capital projects are proposed; and

(7) Provide information to consortiums and businesses on trade tariffs, quotas, government regulations, or other trade restrictions.

NEW SECTION. Sec. 4. The department, through the office of capital projects:

(1) May receive funds, coordinate with other governmental agencies, and carry out such other duties as are deemed necessary to implement the provisions of section 3 of this act;

(2) May receive such gifts, grants, and endowments from private or public sources as may be made available in trust or otherwise for the use and benefit of the office of capital projects, and expend the same, or any income therefrom, according to the terms of gifts, grants, or endowments;

(3) May charge reasonable fees or other appropriate charges for using the services of the office of capital projects, for attendance at workshops and conferences sponsored by the office, and for various publications, materials, and services of the office. These fees shall be charged to defray the costs of operation of the office of capital projects; and

(4) May actively seek cooperation and funding from the private sector.

NEW SECTION. Sec. 5. Contracts entered into by consortiums do not constitute a contract with the state of Washington, and do not incur a liability, obligation, pledge of faith, or credit of the state of Washington.

NEW SECTION. Sec. 6. The office of capital projects is prohibited from entering into any legal or otherwise binding contract with foreign governmental units or consortiums in relation to a capital project.

NEW SECTION. Sec. 7. The office of capital projects shall take whatever steps are necessary to provide its services, if requested, to the states of Oregon, Idaho, Montana, and Alaska, and the Canadian provinces of British Columbia and Alberta. The provision of services may be temporary and subject to the payment of fees, or each state may request permanent services contingent upon a level of permanent funding adequate for services provided. Temporary services and fees may be negotiated by the office of capital projects.

NEW SECTION. Sec. 8. The review pursuant to section 11 of this act shall provide information on any costs to the state resulting from the operation of the program as well as any employment growth, increased business sales, and increased revenue attributable directly or indirectly to the program.

The review under section 11 of this act shall address: The number of firms assisted; the type of assistance provided to each firm; the types of businesses assisted as classified by the standard industrial classification manual; the size and the age of each firm assisted; the number of minority and women-owned businesses assisted; the number of assisted firms in distressed areas of the state; the number of jobs created or retained in each firm as a result of the programs assistance; the wage rates of jobs retained or new jobs created as a result of the program; the results of client satisfaction surveys completed by firms assisted by the program; and sales volume trends for each firm assisted by the program.

NEW SECTION. Sec. 9. The department of community, trade, and economic development, the international business division of the department of agriculture, and the Washington state export assistance center shall actively promote and support the efforts of the office of capital projects to achieve the goals of section 3 of this act.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act are each added to chapter 43.330 RCW.

NEW SECTION. Sec. 11. A new section is added to chapter 43.131 RCW to read as follows:

The office of capital projects and its powers and duties shall be terminated on June 30, 1999, as provided in section 12 of this act.

NEW SECTION. Sec. 12. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2000:

(1) RCW 43.330.--- and 1994 c . . . s 1 (section 1 of this act);

(2) RCW 43.330.--- and 1994 c . . . s 2 (section 2 of this act);

(3) RCW 43.330.--- and 1994 c . . . s 3 (section 3 of this act);

(4) RCW 43.330.--- and 1994 c . . . s 4 (section 4 of this act);

(5) RCW 43.330.--- and 1994 c . . . s 5 (section 5 of this act);

(6) RCW 43.330.--- and 1994 c . . . s 6 (section 6 of this act);

(7) RCW 43.330.--- and 1994 c . . . s 7 (section 7 of this act);

(8) RCW 43.330.--- and 1994 c . . . s 8 (section 8 of this act; and

(9) RCW 43.330.--- and 1994 c . . . s 9 (section 9 of this act).

NEW SECTION. Sec. 13. The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of community, trade, and economic development for the purposes of this act.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.