READ FIRST TIME 03/07/05.   

     AN ACT Relating to alternative public works contracting procedures; adding new sections to chapter 39.10 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 39.10 RCW to read as follows:
     (1) The capital projects advisory review board is created in the department of general administration to provide an evaluation of public capital projects construction processes, including the impact of contracting methods on project outcomes, and to advise the legislature on policies related to alternative public works delivery methods.
     (2)(a) The capital projects advisory review board shall consist of the following members appointed by the governor: One representative from construction general contracting; one representative from the design industries; two representatives from construction specialty subcontracting; one representative from a construction trades labor organization; one representative from the office of minority and women's business enterprises; one representative from a higher education institution; one representative from the department of general administration; and one representative of a domestic insurer authorized to write surety bonds for contractors in Washington state. All appointed members must be actively engaged in or authorized to use alternative public works contracting procedures.
     (b) Two members shall be at-large positions representing local public owners. The two at-large positions shall serve on a rotating basis to be determined and appointed by the association of Washington cities, the Washington state association of counties, and the Washington public ports association.
     (c) One member shall be a member of the public hospital district project review board, selected by that board, who shall be nonvoting.
     (d) One member shall be a member of the school district project review board, selected by that board, who shall be nonvoting.
     (e) The advisory review board shall include two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives, and two members of the senate, one from each major caucus, appointed by the president of the senate. Legislative members are nonvoting.
     (3) Members selected under subsection (2)(a) of this section shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial members, four members shall serve four-year terms, four members shall serve three-year terms, and three members shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.
     (4) The capital projects advisory review board chair is selected from among the appointed members by the majority vote of the voting members.
     (5) Legislative members of the capital projects advisory review board shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members of the capital projects advisory review board, including any subcommittee members, except those representing an employer or organization, shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (6) If a vacancy occurs of the appointive members of the board, the governor shall fill the vacancy for the unexpired term. Members of the board may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.05 RCW.
     (7) The capital projects advisory review board shall convene as soon as practical after July 1, 2005, and may meet as often as necessary thereafter.
     (8) Capital projects advisory review board members are expected to consistently attend review board meetings. The chair of the capital projects advisory review board may ask the governor to remove any member who misses more than two meetings in any calendar year without cause.
     (9) The department of general administration shall provide staff support as may be required for the proper discharge of the function of the capital projects advisory review board.
     (10) The capital projects advisory review board may establish subcommittees as it desires and may invite nonmembers of the capital projects advisory review board to serve as committee members.
     (11) The board shall encourage participation from persons and entities not represented on the capital projects advisory review board.

NEW SECTION.  Sec. 2   A new section is added to chapter 39.10 RCW to read as follows:
     The capital projects advisory review board has the following powers and duties:
     (1) Develop and recommend to the legislature criteria that may be used to determine effective and feasible use of alternative contracting procedures;
     (2) Develop and recommend to the legislature qualification standards for general contractors bidding on alternative public works projects;
     (3) Develop and recommend to the legislature policies to further enhance the quality, efficiency, and accountability of capital construction projects through the use of traditional and alternative delivery methods in Washington, and make recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;
     (4) Evaluate the potential future use of other alternative contracting procedures including competitive negotiation contracts.

NEW SECTION.  Sec. 3   A new section is added to chapter 39.10 RCW to read as follows:
     Notwithstanding any other provision of law, and after complying with RCW 39.10.030, any city that: (1) is located in a county authorized under this chapter to use alternative public works procedures or is located in a county that is a member of the Puget Sound regional council; (2) reports in the state auditor's local government financial reporting system combined general fund, special revenue, debt service, capital projects, and enterprise funds revenues that exceed sixty million dollars; and (3) has a population greater than twenty-five thousand but less then forty-five thousand, is authorized to use the general contractor/construction manager or design-build procedure for one demonstration project valued over ten million dollars.
     All contracts authorized under this section must be entered into before March 1, 2006.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, sections 1 and 2 of this act are null and void.