1222-S AAS 4/13/99

1222-S AAS 4/13/99

SHB 1222 - S COMM AMD S2620.2

By Committee on Ways & Means

ADOPTED AS AMENDED (FLR 364) 4/13/99

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 43.63A RCW to read as follows:

(1) A competitive grant program to assist nonprofit organizations in acquiring, constructing, or rehabilitating performing arts, art museums, and cultural facilities is created.

(2)(a) The department shall submit a list of recommended performing arts, art museum projects, and cultural organization projects eligible for funding to the governor and the legislature in the department's biennial capital budget request beginning with the 2001-2003 biennium and thereafter. The list, in priority order, shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed four million dollars. The department may provide an additional alternate project list which shall not exceed five hundred thousand dollars.

(b) The department shall establish a competitive process to prioritize applications for state assistance as follows:

(i) The department shall conduct a state-wide solicitation of project applications from nonprofit organizations, local governments, and other entities, as determined by the department. The department shall evaluate and rank applications in consultation with a citizen advisory committee, including a representative from the state arts commission, using objective criteria. The evaluation and ranking process shall also consider local community support for projects and an examination of existing assets that applicants may apply to projects.

(ii) The department may establish the amount of state grant assistance for individual project applications but the amount shall not exceed twenty percent of the estimated total capital cost or actual cost of a project, whichever is less. The remaining portions of the project capital cost shall be a match from nonstate sources. The nonstate match may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department is authorized to set matching requirements for individual projects. State assistance may be used to fund separate definable phases of a project if the project demonstrates adequate progress and has secured the necessary match funding.

(iii) The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the department shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.

Sec. 2. RCW 27.34.330 and 1995 c 182 s 2 are each amended to read as follows:

The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the state office of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to ((be recommended to the governor and the legislature by September 1st of each even-numbered year, beginning in 1996. The prioritized list shall be developed through open and public meetings. The governor and the legislature shall consider the prioritized list of heritage projects as a guide for appropriating funds to heritage capital projects beginning with the 1997-99 biennium and thereafter)) the governor and the legislature in the society's biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed four million dollars. The department may provide an additional alternate project list which shall not exceed five hundred thousand dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.

Sec. 3. RCW 43.63A.125 and 1997 c 374 s 2 are each amended to read as follows:

((~~If the legislature provides an appropriation to~~)) (1) The department shall establish a competitive process to solicit proposals for and prioritize projects that assist nonprofit organizations in acquiring, constructing, or rehabilitating facilities used for the delivery of nonresidential social services((~~, the legislature may direct the department of community, trade, and economic development to~~)).

(2) The department shall establish a competitive process to prioritize applications for the assistance as follows:

((~~(1)~~)) (a) The department shall conduct a state-wide solicitation of project applications from local governments, nonprofit organizations, and other entities, as determined by the department. The department shall evaluate and rank applications in consultation with a citizen advisory committee using objective criteria. At a minimum, applicants must demonstrate that the requested assistance will increase the efficiency or quality of the social services it provides to citizens. The evaluation and ranking process shall also include an examination of existing assets that applicants may apply to projects. Grant assistance under this section shall not exceed twenty-five percent of the total cost of the project. The nonstate portion of the total project cost may include((~~, but is not limited to, land, facilities~~)) cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions.

((~~(2)~~)) (b) The department shall submit a prioritized list of recommended projects to the ((~~legislature by November 1st following the effective date of the appropriation~~)) governor and the legislature in the department's biennial capital budget request beginning with the 2001-2003 biennium and thereafter. For the 1999-2001 biennium, the department shall conduct a solicitation and ranking process, as described in (a) of this subsection, for projects to be funded by appropriations provided for this program in the 1999-2001 capital budget. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed four million dollars. The department may provide an additional alternate project list which shall not exceed five hundred thousand dollars. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects.

((~~(3)~~)) (c) In contracts for grants authorized under this section the department shall include provisions which require that capital improvements shall be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities shall be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.

(((4) The department shall develop model contract provisions for compliance with subsection (3) of this section and shall distribute its recommendations to the appropriate legislative committees, the office of financial management, and to all state agencies which provide capital grants to nonstate entities.))

NEW SECTION. Sec. 4. Section 1 of this act, RCW 27.34.330, and 43.63A.125 shall expire June 30, 2007.

Sec. 5. RCW 80.36.005 and 1993 c 249 s 1 are each amended to read as follows:

((~~As used in this chapter~~)) The definitions in this section apply throughout RCW 80.36.410 through 80.36.475, unless the context ((~~indicates~~)) clearly requires otherwise((,)).

(1) "Community action agency" means local community action agencies or local community service agencies designated by the department of community, trade, and economic development under chapter 43.63A RCW.

(2) "Community service voice mail" means a computerized telephone answering service with the capabilities described in RCW 80.36.420(4).

(3) "Department" means the department of social and health services.

Sec. 6. RCW 80.36.410 and 1987 c 229 s 3 are each amended to read as follows:

(1) The legislature finds that universal telephone service is an important policy goal of the state. The legislature further finds that: (a) Recent changes in the telecommunications industry, such as federal access charges, raise concerns about the ability of low-income persons to continue to afford access to local exchange telephone service; and (b) many low-income persons do not have a permanent residence in which to receive local exchange telephone service.

(2) Therefore, the legislature finds that: (a) It is in the public interest to take steps to mitigate the effects of these changes on low-income persons; and (b) advances in telecommunications technologies, such as community service voice mail, provide new and economically efficient ways to secure many of the benefits of universal service to low-income persons who are not customers of local exchange telephone service.

Sec. 7. RCW 80.36.420 and 1990 c 170 s 2 are each amended to read as follows:

The Washington telephone assistance program shall be available to ((~~participants~~)) eligible clients of department programs ((~~set forth in RCW 80.36.470~~)) and community action agency services, except that clients of community action agency services shall be eligible only for the community service voice mail described in subsection (4) of this section. Assistance shall consist of the following components:

(1) A discount on service connection fees of fifty percent or more as set forth in RCW 80.36.460.

(2) A waiver of deposit requirements on local exchange service, as set forth in RCW 80.36.460.

(3) A discounted flat rate service for local exchange service, which shall be subject to the following conditions:

(a) The commission shall establish a single telephone assistance rate for all local exchange companies operating in the state of Washington. The telephone assistance rate shall include any federal end user access charges and any other charges necessary to obtain local exchange service.

(b) The commission shall, in establishing the telephone assistance rate, consider all charges for local exchange service, including federal end user access charges, mileage charges, extended area service, and any other charges necessary to obtain local exchange service.

(c) The telephone assistance rate shall only be available to eligible customers subscribing to the lowest available local exchange flat rate service, where the lowest local exchange flat rate, including any federal end user access charges and any other charges necessary to obtain local exchange service, is greater than the telephone assistance rate. Low-income senior citizens sixty years of age and older and other low-income persons identified by the department as medically needy shall, where single-party service is available, be provided with single-party service as the lowest available local exchange flat rate service.

(d) The cost of providing the service shall be paid, to the maximum extent possible, by a waiver of all or part of the federal end user access charge and, to the extent necessary, from the telephone assistance fund created by RCW 80.36.430.

(4) A community service voice mailbox that provides recipients with: (a) An individually assigned telephone number; (b) the ability to record a personal greeting; and (c) a secure private security code to retrieve messages. The community service voice mailbox may also include a toll-free line through which recipients can access their community service voice mailboxes at no charge.

Sec. 8. RCW 80.36.430 and 1990 c 170 s 3 are each amended to read as follows:

(1) The Washington telephone assistance program shall be funded by a telephone assistance excise tax on all switched access lines and by funds from any federal government or other programs for this purpose. Switched access lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and business access lines not to exceed fourteen cents per month. The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone assistance program." All money collected from the telephone assistance excise tax shall be transferred to a telephone assistance fund administered by the department.

(2) The department shall be the fund administrator for local exchange companies, and the department of community, trade, and economic development shall be the fund administrator for community action agencies. Local exchange companies and community action agencies shall bill ((~~the~~)) their fund administrator for their expenses incurred in offering the telephone assistance program, including administrative and program expenses.

(3) The department shall disburse the money to the local exchange companies and to the department of community, trade, and economic development, except that the total amount of funds that may be paid annually to the department of community, trade, and economic development shall not exceed ten percent of the total annual telephone assistance fund revenues collected. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department of community, trade, and economic development shall disburse the money to the community action agencies.

(4) The ((~~department~~)) fund administrators shall recover ((~~its~~)) their administrative costs from the fund. The ((~~department~~)) fund administrator may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local exchange companies or community action agencies.

Sec. 9. RCW 80.36.440 and 1990 c 170 s 4 are each amended to read as follows:

(1) The commission ((~~and~~)), the department, and the department of community, trade, and economic development may adopt any rules necessary to implement RCW 80.36.410 through 80.36.470.

(2) The rules relating to community service voice mail shall identify funding priorities that extend the benefits of community service voice mail to the greatest number of eligible clients. Within available resources, funding shall be made available for: (a) Deployment of new community service voice mail systems, including costs for start-up and installation, staff to train participating agencies, and maintaining program data; (b) installation of toll-free lines through which recipients of existing community service voice mail can access their community service voice mailboxes at no charge; (c) expansion of the capacity of existing community service voice mail; and (d) payment for continuing and expanding telephone services of existing community service voice mail, including maintenance expenses, operating expenses, and administrative expenses. The rules may require community action agencies to match up to fifty percent of the funds received from the telephone assistance program or to demonstrate the acquisition of in-kind contributions from local exchange companies or vendors of community service voice mail hardware or software.

Sec. 10. RCW 80.36.450 and 1993 c 249 s 2 are each amended to read as follows:

The Washington telephone assistance program shall be limited to one residential access line per eligible household for services provided by local exchange companies or to one community service voice mailbox per eligible person for services provided by community action agencies.

Sec. 11. RCW 80.36.460 and 1990 c 170 s 5 are each amended to read as follows:

(1) Local exchange companies shall file tariffs with the commission which waive deposits on local exchange service for eligible subscribers and which establish a fifty percent discount on service connection fees for eligible subscribers. Part or all of the remaining fifty percent of service connection fees may be paid by funds from federal government or other programs for this purpose. The commission or other appropriate agency shall make timely application for any available federal funds. The remaining portion of the connection fee to be paid by the subscriber shall be expressly payable by installment fees spread over a period of months. A subscriber may, however, choose to pay the connection fee in a lump sum. Costs associated with the waiver and discount shall be accounted for separately and recovered from the telephone assistance fund. Eligible subscribers shall be allowed one waiver of a deposit and one discount on service connection fees per year.

(2) Community action agencies may not charge recipients for community service voice mail.

Sec. 12. RCW 80.36.470 and 1990 c 170 s 6 are each amended to read as follows:

(1) Adult recipients of department-administered programs for the financially needy which provide continuing financial or medical assistance, food stamps, or supportive services to persons in their own homes are eligible for participation in the telephone assistance program. The department shall notify the participants of their eligibility.

(2) Adult clients of community action agency services are eligible for participation in the community service voice mail of the telephone assistance program if they do not reside in a residence with local exchange telephone service or do not have a reliable means of directly receiving telephone calls or messages.

Sec. 13. RCW 80.36.475 and 1990 c 170 s 7 are each amended to read as follows:

The department shall report to the ((~~energy and utilities~~)) committees of the house of representatives and the senate with jurisdiction over telecommunications services by December 1 of each year on the status of the Washington telephone assistance program. The report shall include the number of participants by qualifying ((~~social service~~)) department or community action agency programs receiving benefits from the telephone assistance program and the type of benefits participants receive. The report shall also include a description of the geographical distribution of participants, the program's annual revenue and expenditures, and any recommendations for legislative action.

NEW SECTION. Sec. 14. RCW 80.36.005 is recodified as a new section in chapter 80.36 RCW to be codified immediately before RCW 80.36.410.

NEW SECTION. Sec. 15. Sections 6 through 12 of this act expire June 30, 2003."

SHB 1222 - S COMM AMD

By Committee on Ways & Means

ADOPTED AS AMENDED (FLR 364) 4/13/99

On page 1, line 2 of the title, after "organizations;" strike the remainder of the title, and insert "amending RCW 27.34.330, 43.63A.125, 80.36.005, 80.36.410, 80.36.420, 80.36.430, 80.36.440, 80.36.450, 80.36.460, 80.36.470, and 80.36.475; adding a new section to chapter 43.63A RCW; adding a new section to chapter 80.36 RCW; recodifying RCW 80.36.005; and providing expiration dates."