CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 2648

 

 

                   Chapter 312, Laws of 2002

 

                         (partial veto)

 

                        57th Legislature

                      2002 Regular Session

 

 

OFFICE OF FINANCIAL MANAGEMENT--BUDGET INSTRUCTIONS

 

 

 

                    EFFECTIVE DATE:  6/13/02

Passed by the House February 15, 2002

  Yeas 98   Nays 0

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

 

 

 

Passed by the Senate March 7, 2002

  Yeas 49   Nays 0

             CERTIFICATE

 

I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2648 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

 

 

 

 

               BRAD OWEN

President of the Senate

 

 

 

Approved April 2, 2002, with the exception of sections 2 and 3, which are vetoed.Place Style On Codes above, and Style Off Codes below.                

                                FILED                

 

           April 2, 2002 - 10:34 a.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 2648

          _______________________________________________

 

             Passed Legislature - 2002 Regular Session

 

State of Washington      57th Legislature     2002 Regular Session

 

By House Committee on Capital Budget (originally sponsored by Representatives Murray, Esser, Reardon and McIntire)

 

Read first time 02/12/2002.  Referred to Committee on .

Requiring additional information from certain capital budget applicants. 


    AN ACT Relating to the office of financial management; amending RCW 43.88.030; adding a new section to chapter 43.88 RCW; and adding a new section to chapter 43.88A RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 43.88 RCW to read as follows:

    (1) The office of financial management must include in its capital budget instructions, beginning with its instructions for the 2003-05 capital budget, a request for "yes" or "no" answers for the following additional informational questions from capital budget applicants for all proposed major capital construction projects valued over five million dollars and required to complete a predesign:

    (a) For proposed capital projects identified in this subsection that are located in or serving city or county planning under RCW 36.70A.040:

    (i) Whether the proposed capital project is identified in the host city or county comprehensive plan, including the capital facility plan, and implementing rules adopted under chapter 36.70A RCW;

    (ii) Whether the proposed capital project is located within an adopted urban growth area:

    (A) If at all located within an adopted urban growth area boundary, whether a project facilitates, accommodates, or attracts planned population and employment growth;

    (B) If at all located outside an urban growth area boundary, whether the proposed capital project may create pressures for additional development;

    (b) For proposed capital projects identified in this subsection that are requesting state funding:

    (i) Whether there was regional coordination during project development;

    (ii) Whether local and additional funds were leveraged;

    (iii) Whether environmental outcomes and the reduction of adverse environmental impacts were examined.

    (2) For projects subject to subsection (1) of this section, the office of financial management shall request the required information be provided during the predesign process of major capital construction projects to reduce long-term costs and increase process efficiency.

    (3) The office of financial management, in fulfilling its duties under RCW 43.88.030(3) to create a capital budget document, must take into account information gathered under subsections (1) and (2) of this section in an effort to promote state capital facility expenditures that minimize unplanned or uncoordinated infrastructure and development costs, support economic and quality of life benefits for existing communities, and support local government planning efforts.

    (4) The office of community development must provide staff support to the office of financial management and affected capital budget applicants to help collect data required by subsections (1) and (2) of this section.

 

    *Sec. 2.  RCW 43.88.030 and 2000 2nd sp.s. c 4 s 12 are each amended to read as follows:

    (1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management.  The director shall provide agencies and committees that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided.  The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget.  The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy.  Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature.  The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues and caseloads as approved by the economic and revenue forecast council and caseload forecast council or upon the estimated revenues and caseloads of the office of financial management for those funds, accounts, sources, and programs for which the forecast councils do not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070.  In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the transportation revenue forecast council.  Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium.  However, the estimated revenues and caseloads for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue and caseload estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads.  All adjustments to the approved estimated revenues and caseloads must be set forth in the budget document.  The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

    Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070.  Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

    The budget document or documents shall also contain:

    (a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

    (b) The undesignated fund balance or deficit, by fund;

    (c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

    (d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

    (e) Tabulations showing expenditures classified by fund, function, activity, and agency;

    (f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

    (g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.71 RCW, shown by agency and in total; and

    (h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

    (2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures.  The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures.  The budget document or documents shall further include:

    (a) Interest, amortization and redemption charges on the state debt;

    (b) Payments of all reliefs, judgments, and claims;

    (c) Other statutory expenditures;

    (d) Expenditures incident to the operation for each agency;

    (e) Revenues derived from agency operations;

    (f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

    (g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

    (h) Common school expenditures on a fiscal-year basis;

    (i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and

    (j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.

    (3) A separate capital budget document or schedule shall be submitted that will contain the following:

    (a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

    (b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan.  Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

    (c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;

    (d) A strategic plan for reducing backlogs of maintenance and repair projects.  The plan shall include a prioritized list of specific facility deficiencies and capital projects to address the deficiencies for each agency, cost estimates for each project, a schedule for completing projects over a reasonable period of time, and identification of normal maintenance activities to reduce future backlogs;

    (e) A statement of the reason or purpose for a project;

    (f) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

    (g) A statement about the proposed site, size, and estimated life of the project, if applicable;

    (h) Estimated total project cost, including the cost of the raw land, any in lieu of real property taxes, and the cost of development;

    (i) For major projects valued over five million dollars, estimated costs for the following project components:  Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project.  Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

    (j) Estimated total project cost for each phase of the project as defined by the office of financial management;

    (k) Estimated ensuing biennium costs;

    (l) Estimated costs beyond the ensuing biennium;

    (m) Estimated construction start and completion dates;

    (n) Source and type of funds proposed;

    (o) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

    (p) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium.  Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list.  The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

    (q) Such other information bearing upon capital projects as the governor deems to be useful;

    (r) Standard terms, including a standard and uniform definition of normal maintenance, for all capital projects;

    (s) Such other information as the legislature may direct by law or concurrent resolution.

    For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

    (4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence.  Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.

*Sec. 2 was vetoed.  See message at end of chapter.

 

    *NEW SECTION.  Sec. 3.  A new section is added to chapter 43.88A RCW to read as follows:

    Except for transportation projects, trust lands, or purchase or exchange of land by institutions of higher education under RCW 28B.10.016, the legislature must have a fiscal note prepared for any purchase or exchange of land authorized in a capital budget or by separate appropriation.  The appropriate legislative fiscal committees must request a fiscal note containing the following:

    (1) Cost of raw land;

    (2) Cost of ongoing maintenance;

    (3) Cost of ongoing operations and source of funding;

    (4) Employee costs on a full-time equivalent basis including administrative costs;

    (5) Cost of development;

    (6) Any other known costs; and

    (7) Any in lieu of real property taxes, including amounts due junior taxing districts.

*Sec. 3 was vetoed.  See message at end of chapter.


    Passed the House February 15, 2002.

    Passed the Senate March 7, 2002.

Approved by the Governor April 2, 2002, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State April 2, 2002.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to sections 2 and 3, Substitute House Bill No. 2648 entitled:

 

"AN ACT Relating to the office of financial management;"

 

    This bill adds a new section to the law governing budget instructions issued by the Office of Financial Management (OFM), and directs the Office of Community Development to assist in collecting capital budget information.  The intent of the bill is to coordinate development of state facilities, and other capital infrastructure projects, with local jurisdictions at early stages of project planning.  This is a goal I support.

 

    Sections 2 and 3 of the bill would have required estimates of total capital project cost to include the cost of the raw land, any revenues in lieu of property taxes, and the cost of development in OFM-issued fiscal notes.  These requirements would be premature within the fiscal note development process, and costly to estimate for both the state and local government.

 

    For these reasons, I have vetoed sections 2 and 3 of Substitute House Bill No. 2648.

 

    With the exception of sections 2 and 3, Substitute House Bill No. 2648 is approved."