E2SHB 3125 -
By Committee on Economic Development, Trade & Management
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that:
(a) Many regions of the state are thriving but other communities
throughout rural and urban Washington need increased investments to
create vibrant local business districts and prosperous neighborhoods;
(b) Nonprofit organizations provide a variety of community services
that serve the needs of the citizens of Washington. Many of these
services are implemented under contract with state agencies. The
efficiency and quality of these services may be enhanced by the
provision of safe, reliable, and sound facilities, and, in certain
cases, it may be appropriate for the state to assist in the development
of these facilities; and
(c)Providing capital investments is critical for the economic
health of many communities, helps build strong relationships with the
state, and expands life opportunities for underserved, low-income
populations.
(2) It is the intent of the legislature to enhance community
service programs by nonprofit organizations by creating the building
communities fund.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout sections 3 through 5 of this act unless the context clearly
requires otherwise.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Eligible project area" means: (a) A county that has an
unemployment rate that is twenty percent above the state average for
the immediately previous three years; (b) an area within a county that
the department determines to be a low-income community consistent with
the definition of low-income community in section 45D of the internal
revenue code, as amended; or (c) an area within a school district in
which at least fifty percent of local elementary students receive free
and reduced-price meals.
(3) "Nonprofit organization" means an organization that is tax
exempt, or not required to apply for an exemption, under section
501(c)(3) or 501(c)(6) of the internal revenue code, as amended.
(4) "Technical assistance" means professional services provided
under contract to nonprofit organizations for feasibility studies,
planning, and project management related to acquiring, constructing, or
rehabilitating nonresidential community services facilities.
NEW SECTION. Sec. 3 The building communities fund account is
created in the state treasury. The account shall consist of
legislative appropriations and gifts, grants, or endowments from other
sources as permitted by law. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used only
for capital and technical assistance grants as provided in RCW
43.63A.125.
NEW SECTION. Sec. 4 (1) The building communities fund program is
created in the department. Under the program, capital and technical
assistance grants may be made to nonprofit organizations in eligible
project areas. The department shall establish a statewide competitive
process to solicit, evaluate, and prioritize grant applications for
acquiring, constructing, or rehabilitating facilities, including social
service centers, multipurpose community centers, and cultural centers,
used for the delivery of nonresidential community services. The
department shall evaluate and rank applications in consultation with a
citizen advisory committee. Applicants must demonstrate that:
(a) Their facilities will offer to:
(i) Provide social services;
(ii) Provide technical assistance to start or retain small
businesses;
(iii) Provide employment readiness training for community
residents;
(iv) Increase the job skills of community residents;
(v) Provide educational and recreational opportunities beyond those
available from the public education system; or
(vi) Provide services to meet such other high priority needs of
residents of eligible project areas as are determined by the department
in consultation with the citizen advisory committee required in this
section; and
(b) The proposed project:
(i) Will increase the range, efficiency, or quality of social
services it provides to citizens;
(ii) Will be located in and serve an eligible project area;
(iii) Reflects a long-term vision for the development of the
community, shared by residents, businesses, leaders, and partners;
(iv) Requires state funding to accomplish a discrete, usable phase
of the project;
(v) Is ready to proceed and will make timely use of the funds;
(vi) Is sponsored by one or more entities that have the
organizational and financial capacity to fulfill the terms of the grant
agreement and to maintain the project into the future;
(vii) Fills an unmet need for community services;
(viii) Will achieve its stated objectives; and
(ix) Is a community priority as shown through tangible commitments
of existing or future assets made to the project by community
residents, leaders, businesses, and government partners.
(2) 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 cash, the value of real property when
acquired solely for the purpose of the project, and in-kind
contributions.
(3)(a) The department shall submit a ranked list of recommended
projects to the governor and the legislature in the department's
biennial capital budget requests beginning with the 2009-2011 biennium
and thereafter. The list shall include a description of each project,
its total cost, the amount of requested state funding, and the amount
of recommended state funding.
(b) The total amount of recommended state capital funding for
projects on a biennial ranked project list shall be determined by the
capital budget beginning with the 2009-2011 biennium and thereafter,
and shall not exceed ten million dollars. In addition, if funds not
obtained through the issuance of bonds have been appropriated, up to
three million dollars may be used for technical assistance grants. The
department shall not sign contracts or otherwise financially obligate
funds under this section until the legislature has approved a specific
list of projects.
(4) In addition to the ranked list, the department shall submit to
the appropriate fiscal committees of the legislature all application
materials it received and all working papers it developed during its
evaluation process.
(5) After the legislature has approved a specific list of projects
in law, the department shall:
(a) Develop and manage appropriate contracts with the selected
applicants;
(b) Monitor project expenditures and grantee performance;
(c) Report project and contract information to the appropriate
fiscal and policy committees of the legislature; and
(d) Exercise due diligence and other contract management
responsibilities as required.
(6) In contracts for grants authorized under this section, the
department shall include provisions that require 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.
NEW SECTION. Sec. 5 (1) The department shall develop both
performance measures and accountability and reporting standards for
grant recipients and shall annually evaluate the progress of each grant
recipient applying these measures and standards. At a minimum, the
department shall require performance measures of workload or level of
service, measures of efficiency, and measures of effectiveness.
Performance measures should be as consistent as is practicable to allow
for cross-project comparisons. The department shall, based on its
evaluations, share best practices with grant recipients.
(2) Beginning January 1, 2011, the department shall submit an
annual report to the appropriate committees of the legislature,
including:
(a) A list of projects currently under contract with the department
under the building communities fund program; a description of each
project, its total cost, the amount of state funding awarded and
expended to date, the project status, the number of low-income people
served, and the results of the project evaluations required in
subsection (1) of this section; and
(b) Recommendations, if any, for policy and programmatic changes to
the building communities fund program to better achieve program
objectives.
NEW SECTION. Sec. 6 Sections 2 through 5 of this act are each
added to chapter
E2SHB 3125 -
By Committee on Economic Development, Trade & Management
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "adding new sections to chapter 43.63A RCW; and creating a new section."