BILL REQ. #: H-4160.12
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 02/22/12. Referred to Committee on Capital Budget.
AN ACT Relating to creating jobs by funding public capital projects; amending RCW 82.18.020, 82.18.040, 82.16.020, 82.16.020, 82.21.030, 79.105.150, 43.155.050, and 43.155.070; reenacting and amending RCW 70.105D.070; amending 2011 1st sp.s. c 48 s 3024 (uncodified); adding new chapters to Title 43 RCW; creating new sections; making appropriations; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
NEW SECTION. Sec. 102 This act shall be known as the 2012 jobs
now act.
NEW SECTION. Sec. 201
NEW SECTION. Sec. 202
(2) The state finance committee shall supervise and provide for the
sale, issuance, and retirement of the bonds authorized by this section
and sections 203 through 207 of this act in accordance with chapter
39.42 RCW. Bonds authorized by this section and sections 203 through
207 of this act shall be sold in the manner, at the time or times, in
one or more series, in amounts, and at the prices as the state finance
committee shall determine. No bonds may be offered for sale without
prior legislative appropriation of the net proceeds of the sale of the
bonds.
(3) The state finance committee may determine and include in any
resolution authorizing the issuance of any bonds authorized by this
section and sections 203 through 207 of this act such terms,
provisions, covenants, and conditions as it may deem appropriate in
order to assist with the marketing and sale of the bonds, confer rights
upon the owners of bonds, and safeguard rights of the owners of bonds,
including, among other things:
(a) Provisions that the bonds shall be payable solely from and
secured solely by the tax revenues received in the local government
capital construction assistance account and by amounts in the 2012 jobs
act credit enhancement reserve account created in section 601 of this
act;
(b) The conditions that must be satisfied prior to the issuance of
any additional bonds that are to be payable from and secured by the tax
revenues received in the local government capital construction
assistance account on an equal basis with previously issued and
outstanding bonds payable from the tax revenues received in the local
government capital construction assistance account;
(c) Provisions regarding reserves and credit enhancement,
including, without limitation, the 2012 jobs act credit enhancement
reserve account created in section 601 of this act; and
(d) Whether bonds may be issued as tax-exempt bonds or must be
issued as taxable bonds under the applicable provisions of the federal
internal revenue code.
(4) Bond proceeds must be used exclusively for the purposes
specified in subsection (1) of this section.
NEW SECTION. Sec. 203
NEW SECTION. Sec. 204
NEW SECTION. Sec. 205
(2) The state finance committee must, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest
requirements on the bonds authorized in section 202 of this act.
(3) On each date on which principal and interest payment is due on
bonds issued for the purposes of section 202 of this act, the state
treasurer shall withdraw from any tax revenues placed in the local
government capital construction assistance account and deposit in the
local government capital construction assistance bond retirement
account an amount equal to the amount certified by the state finance
committee to be due on the bond payment date. If the amount of tax
revenues on deposit in the local government capital construction
assistance account is insufficient to make the bond payment amount then
due, the state treasurer shall withdraw from the 2012 jobs act credit
enhancement reserve account and deposit in the local government capital
assistance bond retirement account the additional amount required to
provide sufficient funds for the bond payment amount then due.
NEW SECTION. Sec. 206
NEW SECTION. Sec. 207
Sec. 208 RCW 82.18.020 and 1989 c 431 s 79 are each amended to
read as follows:
Sec. 209 RCW 82.18.040 and 2011 1st sp.s. c 48 s 7034 are each
amended to read as follows:public works assistance account created in
RCW 43.155.050: PROVIDED, That during the fiscal year 2011, taxes
received by the state under this chapter must be deposited in the
general fund for general purpose expenditures)) local government
capital construction assistance account created in section 206 of this
act for the specific purpose of funding a program of state aid for
local government capital construction including, but not limited to,
payment of debt service on bonds issued under section 202 of this act.
Any person collecting the tax who appropriates or converts the tax
collected shall be guilty of a gross misdemeanor if the money required
to be collected is not available for payment on the date payment is
due. If a taxpayer fails to pay the tax imposed by this chapter to the
person charged with collection of the tax and the person charged with
collection fails to pay the tax to the department, the department may,
in its discretion, proceed directly against the taxpayer for collection
of the tax.
(2) The tax shall be due from the taxpayer within twenty-five days
from the date the taxpayer is billed by the person collecting the tax.
(3) The tax shall be due from the person collecting the tax at the
end of the tax period in which the tax is received from the taxpayer.
If the taxpayer remits only a portion of the total amount billed for
taxes, consideration, and related charges, the amount remitted shall be
applied first to payment of the solid waste collection tax and this tax
shall have priority over all other claims to the amount remitted.
NEW SECTION. Sec. 301
NEW SECTION. Sec. 302
(2) The state finance committee shall supervise and provide for the
sale, issuance, and retirement of the bonds authorized by this section
and sections 303 through 307 of this act in accordance with chapter
39.42 RCW. Bonds authorized by this section and sections 303 through
307 of this act shall be sold in the manner, at the time or times, in
one or more series, in amounts, and at the prices as the state finance
committee shall determine. No bonds may be offered for sale without
prior legislative appropriation of the net proceeds of the sale of the
bonds.
(3) The state finance committee may determine and include in any
resolution authorizing the issuance of any bonds authorized by this
section and sections 303 through 307 of this act such terms,
provisions, covenants, and conditions as it may deem appropriate in
order to assist with the marketing and sale of the bonds, confer rights
upon the owners of bonds, and safeguard rights of the owners of bonds,
including, among other things:
(a) Provisions that the bonds shall be payable solely from and
secured solely by the tax revenues received in the water quality and
safe drinking water account and by amounts in the 2012 jobs act credit
enhancement reserve account created in section 601 of this act;
(b) The conditions that must be satisfied prior to the issuance of
any additional bonds that are to be payable from and secured by the tax
revenues received in the water quality and safe drinking water account
on an equal basis with previously issued and outstanding bonds payable
from the tax revenues received in the water quality and safe drinking
water account;
(c) Provisions regarding reserves and credit enhancement,
including, without limitation, the 2012 jobs act credit enhancement
reserve account created in section 601 of this act; and
(d) Whether bonds may be issued as tax-exempt bonds or must be
issued as taxable bonds under the applicable provisions of the federal
internal revenue code.
(4) Bond proceeds must be used exclusively for the purposes
specified in subsection (1) of this section.
NEW SECTION. Sec. 303
NEW SECTION. Sec. 304
NEW SECTION. Sec. 305
(2) The state finance committee must, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest
requirements on the bonds authorized in sections 302 through 307 of
this act.
(3) On each date on which principal and interest payment is due on
bonds issued for the purposes of section 302 of this act, the state
treasurer shall withdraw from any tax revenues placed in the water
quality and safe drinking water account and deposit in the water
quality and safe drinking water bond retirement account an amount equal
to the amount certified by the state finance committee to be due on the
bond payment date. If the amount of tax revenues on deposit in the
water quality and safe drinking water account is insufficient to make
the bond payment amount due, the state treasurer shall withdraw from
the 2012 jobs act credit enhancement reserve account and deposit in the
water quality and safe drinking water bond retirement account the
additional amount required to provide sufficient funds for the bond
payment amount then due.
NEW SECTION. Sec. 306
NEW SECTION. Sec. 307
Sec. 308 RCW 82.16.020 and 2011 1st sp.s. c 48 s 7032 are each
amended to read as follows:
(a) Express((, sewerage collection,)) and telegraph businesses:
Three and six-tenths percent;
(b) Light and power business: Three and sixty-two one-hundredths
percent;
(c) Gas distribution business: Three and six-tenths percent;
(d) Urban transportation business: Six-tenths of one percent;
(e) Vessels under sixty-five feet in length, except tugboats,
operating upon the waters within the state: Six-tenths of one percent;
(f) Motor transportation, railroad, railroad car, and tugboat
businesses, and all public service businesses other than ones mentioned
above: One and eight-tenths of one percent;
(g) Water distribution business: ((Four and seven-tenths percent))
Three and seventy-six one-hundredths percent;
(h) Log transportation business: One and twenty-eight one-hundredths percent;
(i) Sewerage collection business: One and forty-four
one-hundredths percent;
(j) For the specific purpose of financing the construction,
acquisition, and improvement of public facilities and watershed
improvements that improve water quality and safe drinking water,
including, but not limited to, payment of debt service on bonds issued
under section 302 of this act, sewerage collection business: Two and
sixteen one-hundredths percent;
(k) For the specific purpose of financing the construction,
acquisition, and improvement of public facilities and watershed
improvements that improve water quality and safe drinking water,
including, but not limited to, payment on debt service on bonds issued
under section 302 of this act, water distribution business:
Ninety-four one-hundredths percent.
(2) An additional tax is imposed equal to the rate specified in RCW
82.02.030 multiplied by the tax payable under subsection (1) of this
section.
(3) ((Twenty percent of the moneys collected under subsection (1)
of this section on water distribution businesses and sixty percent of
the moneys collected under subsection (1) of this section on sewerage
collection businesses shall be deposited in the public works assistance
account created in RCW 43.155.050: PROVIDED, That during the fiscal
year 2011, twenty percent of the moneys collected under subsection (1)
of this section on water distribution businesses and sixty percent of
the moneys collected under subsection (1) of this section on sewerage
collection businesses must be deposited in the general fund for general
purpose expenditures.)) Moneys collected under subsection (1)(j) and
(k) of this section must be deposited in the water quality and safe
drinking water account established in section 306 of this act.
Sec. 309 RCW 82.16.020 and 2011 1st sp.s. c 48 s 7033 are each
amended to read as follows:
(a) Express((, sewerage collection,)) and telegraph businesses:
Three and six-tenths percent;
(b) Light and power business: Three and sixty-two one-hundredths
percent;
(c) Gas distribution business: Three and six-tenths percent;
(d) Urban transportation business: Six-tenths of one percent;
(e) Vessels under sixty-five feet in length, except tugboats,
operating upon the waters within the state: Six-tenths of one percent;
(f) Motor transportation, railroad, railroad car, and tugboat
businesses, and all public service businesses other than ones mentioned
above: One and eight-tenths of one percent;
(g) Water distribution business: ((Four and seven-tenths percent))
Three and seventy-six one-hundredths percent;
(h) Sewerage collection business: One and forty-four
one-hundredths percent;
(i) For the specific purpose of financing the construction,
acquisition, and improvement of public facilities and watershed
improvements that improve water quality and safe drinking water,
including, but not limited to, financing the bonds issued under section
302 of this act, sewerage collection business: Two and sixteen
one-hundredths percent;
(j) For the specific purpose of financing the construction,
acquisition, and improvement of public facilities and watershed
improvements that improve water quality and safe drinking water,
including, but not limited to, financing the bonds issued under section
302 of this act, water distribution business: Ninety-four
one-hundredths percent.
(2) An additional tax is imposed equal to the rate specified in RCW
82.02.030 multiplied by the tax payable under subsection (1) of this
section.
(3) ((Twenty percent of the moneys collected under subsection (1)
of this section on water distribution businesses and sixty percent of
the moneys collected under subsection (1) of this section on sewerage
collection businesses shall be deposited in the public works assistance
account created in RCW 43.155.050: PROVIDED, That during the fiscal
year 2011, twenty percent of the moneys collected under subsection (1)
of this section on water distribution businesses and sixty percent of
the moneys collected under subsection (1) of this section on sewerage
collection businesses must be deposited in the general fund for general
purpose expenditures.)) Moneys collected under subsection (1)(i) and
(j) of this section must be deposited in the water quality and safe
drinking water account established in section 306 of this act.
NEW SECTION. Sec. 310 Section 308 of this act expires June 30,
2013.
NEW SECTION. Sec. 311 Section 309 of this act takes effect June
30, 2019.
NEW SECTION. Sec. 401
NEW SECTION. Sec. 402
(2) The state finance committee shall supervise and provide for the
sale, issuance, and retirement of the bonds authorized by this section
and sections 403 through 407 of this act in accordance with chapter
39.42 RCW. Bonds authorized by this section and sections 403 through
407 of this act shall be sold in the manner, at the time or times, in
one or more series, in amounts, and at the prices as the state finance
committee shall determine. No bonds may be offered for sale without
prior legislative appropriation of the net proceeds of the sale of the
bonds.
(3) The state finance committee may determine and include in any
resolution authorizing the issuance of any bonds authorized by this
section and sections 403 through 407 of this act such terms,
provisions, covenants, and conditions as it may deem appropriate in
order to assist with the marketing and sale of the bonds, confer rights
upon the owners of bonds, and safeguard rights of the owners of bonds,
including, among other things:
(a) Provisions that the bonds shall be payable solely from and
secured solely by the tax revenues received in the environmental
cleanup and restoration account and by amounts in the 2012 jobs act
credit enhancement reserve account created in section 601 of this act;
(b) The conditions that must be satisfied prior to the issuance of
any additional bonds that are to be payable from and secured by the tax
revenues received in the environmental cleanup and restoration account
on an equal basis with previously issued and outstanding bonds payable
from the tax revenues received in the environmental cleanup and
restoration account;
(c) Provisions regarding reserves and credit enhancement,
including, without limitation, the 2012 jobs act credit enhancement
reserve account created in section 601 of this act; and
(d) Whether bonds may be issued as tax-exempt bonds or must be
issued as taxable bonds under the applicable provisions of the federal
internal revenue code.
(4) Bond proceeds must be used exclusively for the purposes
specified in subsection (1) of this section.
NEW SECTION. Sec. 403
NEW SECTION. Sec. 404
NEW SECTION. Sec. 405
(2) The state finance committee must, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest
requirements on the bonds authorized in section 402 of this act.
(3) On each date on which principal and interest payment is due on
bonds issued for the purposes of section 402 of this act, the state
treasurer shall withdraw from any tax revenues placed in the
environmental cleanup and restoration account and deposit in the
environmental cleanup and restoration bond retirement account an amount
equal to the amount certified by the state finance committee to be due
on the bond payment date. If the amount of tax revenues on deposit in
the environmental cleanup and restoration account is insufficient to
make the bond payment amount then due, the state treasurer shall
withdraw from the 2012 jobs act credit enhancement reserve account and
deposit in the environmental cleanup and restoration bond retirement
account the additional amount required to provide sufficient funds for
the bond payment amount then due.
NEW SECTION. Sec. 406
NEW SECTION. Sec. 407
Sec. 408 RCW 82.21.030 and 1989 c 2 s 10 are each amended to read
as follows:
(2) Moneys collected under this chapter shall be deposited ((in the
toxics control accounts under RCW 70.105D.070)) into the environmental
cleanup and restoration account in section 406 of this act.
(3) Chapter 82.32 RCW applies to the tax imposed in this chapter.
The tax due dates, reporting periods, and return requirements
applicable to chapter 82.04 RCW apply equally to the tax imposed in
this chapter.
Sec. 409 RCW 70.105D.070 and 2011 1st sp.s. c 50 s 964 are each
reenacted and amended to read as follows:
(1) The state toxics control account and the local toxics control
account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics
control account: (a) Those revenues which are raised by the tax
imposed under RCW 82.21.030 ((and which are attributable to that
portion of the rate equal to thirty-three one-hundredths of one
percent)) and are transferred from the environmental cleanup and
restoration account into the state toxics control account under section
406 of this act; (b) the costs of remedial actions recovered under this
chapter or chapter 70.105A RCW; (c) penalties collected or recovered
under this chapter; and (d) any other money appropriated or transferred
to the account by the legislature. Moneys in the account may be used
only to carry out the purposes of this chapter, including but not
limited to the following activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this
chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with
chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling,
or disposal of hazardous wastes from households, small businesses, and
agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring
programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen
advisory committees;
(xi) Public funding to assist potentially liable persons to pay for
the costs of remedial action in compliance with cleanup standards under
RCW 70.105D.030(2)(e) but only when the amount and terms of such
funding are established under a settlement agreement under RCW
70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup
than would otherwise occur, and (B) the prevention or mitigation of
unfair economic hardship;
(xii) Development and demonstration of alternative management
technologies designed to carry out the hazardous waste management
priorities of RCW 70.105.150;
(xiii) During the 2009-2011 and 2011-2013 fiscal biennia, shoreline
update technical assistance;
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional
permitting teams; and
(xv) During the 2011-2013 fiscal biennium, actions for reducing
public exposure to toxic air pollution.
(3) The following moneys shall be deposited into the local toxics
control account: Those revenues which are raised by the tax imposed
under RCW 82.21.030 ((and which are attributable to that portion of the
rate equal to thirty-seven one-hundredths of one percent)) and are
transferred to the local toxics control account under section 406 of
this act.
(a) Moneys deposited in the local toxics control account shall be
used by the department for grants or loans to local governments for the
following purposes in descending order of priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C,
70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and cleanup of
sites of methamphetamine production, but not to be used for the initial
containment of such sites, consistent with the responsibilities and
intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from abandoned or
derelict vessels, defined for the purposes of this section as vessels
that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and
dispose of the vessel, that pose a threat to human health or the
environment.
(b) Funds for plans and programs shall be allocated consistent with
the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW, except that any applicant that
is a Puget Sound partner, as defined in RCW 90.71.010, along with any
project that is referenced in the action agenda developed by the Puget
Sound partnership under RCW 90.71.310, shall, except as conditioned by
RCW 70.105D.120, receive priority for any available funding for any
grant or funding programs or sources that use a competitive bidding
process. During the 2007-2009 fiscal biennium, moneys in the account
may also be used for grants to local governments to retrofit public
sector diesel equipment and for storm water planning and implementation
activities.
(c) To expedite cleanups throughout the state, the department shall
partner with local communities and liable parties for cleanups. The
department is authorized to use the following additional strategies in
order to ensure a healthful environment for future generations:
(i) The director may alter grant-matching requirements to create
incentives for local governments to expedite cleanups when one of the
following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship
imposed by the clean-up liability;
(B) Funding would create new substantial economic development,
public recreational, or habitat restoration opportunities that would
not otherwise occur; or
(C) Funding would create an opportunity for acquisition and
redevelopment of vacant, orphaned, or abandoned property under RCW
70.105D.040(5) that would not otherwise occur;
(ii) The use of outside contracts to conduct necessary studies;
(iii) The purchase of remedial action cost-cap insurance, when
necessary to expedite multiparty clean-up efforts.
(d) To facilitate and expedite cleanups using funds from the local
toxics control account, during the 2009-2011 fiscal biennium the
director may establish grant-funded accounts to hold and disperse local
toxics control account funds and funds from local governments to be
used for remedial actions.
(4) Except for unanticipated receipts under RCW 43.79.260 through
43.79.282, moneys in the state and local toxics control accounts may be
spent only after appropriation by statute.
(5) Except during the 2009-2011 fiscal biennium, one percent of the
moneys deposited into the state and local toxics control accounts shall
be allocated only for public participation grants to persons who may be
adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by
persons and organizations in the investigation and remedying of
releases or threatened releases of hazardous substances and to
implement the state's solid and hazardous waste management priorities.
No grant may exceed sixty thousand dollars. Grants may be renewed
annually. Moneys appropriated for public participation from either
account which are not expended at the close of any biennium shall
revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics
control account may be used for solid waste incinerator feasibility
studies, construction, maintenance, or operation, or, after January 1,
2010, for projects designed to address the restoration of Puget Sound,
funded in a competitive grant process, that are in conflict with the
action agenda developed by the Puget Sound partnership under RCW
90.71.310.
(7) The department shall adopt rules for grant or loan issuance and
performance.
(8) ((During the 2007-2009 and 2009-2011 fiscal biennia, the
legislature may transfer from the local toxics control account to
either the state general fund or the oil spill prevention account, or
both such amounts as reflect excess fund balance in the account.)) During the 2011-2013 fiscal biennium, the local toxics
control account may also be used for local government shoreline update
grants and actions for reducing public exposure to toxic air pollution.
(9) During the 2009-2011 fiscal biennium, the local toxics control
account may also be used for a standby rescue tug at Neah Bay, local
government shoreline update grants, private and public sector diesel
equipment retrofit, and oil spill prevention, preparedness, and
response activities.
(10) During the 2009-2011 fiscal biennium, the legislature may
transfer from the state toxics control account to the state general
fund such amounts as reflect the excess fund balance in the account.
(11)
(9) During the 2011-2013 fiscal biennium, the legislature may
transfer from the local toxics control account to the 2012 jobs act
credit enhancement reserve account such amounts as reflect the excess
fund balance of the account.
NEW SECTION. Sec. 501
NEW SECTION. Sec. 502
(2) The state finance committee shall supervise and provide for the
sale, issuance, and retirement of the bonds authorized by this section
and sections 503 through 506 of this act in accordance with chapter
39.42 RCW. Bonds authorized by this section and sections 503 through
506 of this act shall be sold in the manner, at the time or times, in
one or more series, in amounts, and at the prices as the state finance
committee shall determine. No bonds may be offered for sale without
prior legislative appropriation of the net proceeds of the sale of the
bonds.
(3) The state finance committee may determine and include in any
resolution authorizing the issuance of any bonds authorized by this
section and sections 503 through 506 of this act such terms,
provisions, covenants, and conditions as it may deem appropriate in
order to assist with the marketing and sale of the bonds, confer rights
upon the owners of bonds, and safeguard rights of the owners of bonds,
including, among other things:
(a) Provisions that the bonds shall be payable from and secured
solely by the aquatic lands enhancement account;
(b) The conditions that must be satisfied prior to the issuance of
any additional bonds that are to be payable from and secured by the
aquatic lands revenues received in the aquatic lands enhancement
account on an equal basis with previously issued and outstanding bonds
payable from the aquatic lands revenues received in the aquatic lands
enhancement account;
(c) Provisions regarding reserves and credit enhancement,
including, without limitation, the 2012 jobs act credit enhancement
reserve account; and
(d) Whether bonds may be issued as tax-exempt bonds or must be
issued as taxable bonds under the applicable provisions of the federal
internal revenue code.
(4) Bond proceeds must be used exclusively for the purposes
specified in subsection (1) of this section.
NEW SECTION. Sec. 503
NEW SECTION. Sec. 504
NEW SECTION. Sec. 505
(2) The state finance committee must, on or before June 30th of
each year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest
requirements on the bonds authorized in sections 502 through 506 of
this act.
(3) On each date on which principal and interest payment is due on
bonds issued for the purposes of section 502 of this act, the state
treasurer shall withdraw from any revenues placed in the aquatic lands
enhancement account and deposit in the forest to shore restoration bond
retirement account an amount equal to the amount certified by the state
finance committee to be due on the bond payment date. If the amount of
revenues on deposit in the aquatic lands enhancement account is
insufficient to make the bond payment amount then due, the state
treasurer shall withdraw from the 2012 jobs act credit enhancement
reserve account and deposit in the Puget Sound restoration bond
retirement account the additional amount required to provide sufficient
funds for the bond payment amount then due.
NEW SECTION. Sec. 506
Sec. 507 RCW 79.105.150 and 2011 2nd sp.s. c 9 s 911 are each
amended to read as follows:
(2) In providing grants for aquatic lands enhancement projects, the
recreation and conservation funding board shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications;
(b) Utilize the statement of environmental benefits, consideration,
except as provided in RCW 79.105.610, of whether the applicant is a
Puget Sound partner, as defined in RCW 90.71.010, whether a project is
referenced in the action agenda developed by the Puget Sound
partnership under RCW 90.71.310, and except as otherwise provided in
RCW 79.105.630, and effective one calendar year following the
development and statewide availability of model evergreen community
management plans and ordinances under RCW 35.105.050, whether the
applicant is an entity that has been recognized, and what gradation of
recognition was received, in the evergreen community recognition
program created in RCW 35.105.030 in its prioritization and selection
process; and
(c) Develop appropriate outcome-focused performance measures to be
used both for management and performance assessment of the grants.
(3) To the extent possible, the department should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270.
(4) The department shall consult with affected interest groups in
implementing this section.
(5) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under RCW 90.71.310.
NEW SECTION. Sec. 601
(2) The 2012 jobs act credit enhancement reserve account
constitutes a common reserve account for all bonds issued by the state
pursuant to this act. The amount on deposit in the 2012 jobs act
credit enhancement reserve account shall be maintained in an amount
equal to maximum annual debt service on all outstanding bonds secured
thereby or in such other amount as may be required by the bond
proceedings. Any withdrawal from the 2012 jobs act credit enhancement
reserve account to pay debt service on bonds secured thereby shall be
replenished within six months after the withdrawal or in such other
manner as may be required by the bond proceedings by transfers from the
public works assistance account required by section 602 of this act.
(3) By July 1st of each year, the state treasurer must transfer
sufficient amounts from loan repayment revenues received in the public
works assistance account under RCW 43.155.060(1) to the 2012 jobs act
credit enhancement reserve account so that the account balance is equal
to the sum of the amounts certified in sections 205, 305, 405, and 505
of this act.
Sec. 602 RCW 43.155.050 and 2011 1st sp.s. c 50 s 951 are each
amended to read as follows:
(2) Money in the public works assistance account shall be used to
make loans and to give financial guarantees to local governments for
public works projects.
(3) Repayments of loans made under this chapter must be deposited
in the public works assistance account. Moneys in the account received
from loan repayments under RCW 43.155.060(1) also must be transferred
to the 2012 jobs act credit enhancement reserve account as required to
maintain a balance therein as provided by section 601 of this act and
to secure payment of debt service on all bonds issued by the state
under this act in accordance with the bond proceedings. The
legislature pledges to continue and maintain and not to impair the
statutory and financial framework contained in this act and in this
chapter to provide loan repayments under RCW 43.155.060(1) and to fund
transfers to the 2012 jobs act credit enhancement reserve account as
required to secure payment of debt service on all bonds issued by the
state under this act in accordance with the bond proceedings. The
legislature further pledges to continue to use amounts held in the
public works assistance account to make loans to local governments for
public works projects in a manner that is reasonably calculated to
produce loan repayments in amounts at least sufficient to meet the
requirements of this subsection (3) in accordance with the bond
proceedings.
(4) Moneys in the account may also be appropriated or transferred
to provide for state match requirements under federal law for projects
((and activities conducted and financed by the board under)) funded by
the drinking water assistance account and the water pollution control
revolving account.
(5) Not more than fifteen percent of the biennial capital budget
appropriation to the public works board from this account may be
expended or obligated for preconstruction loans, emergency loans, or
loans for capital facility planning under this chapter; of this amount,
not more than ten percent of the biennial capital budget appropriation
may be expended for emergency loans and not more than one percent of
the biennial capital budget appropriation may be expended for capital
facility planning loans. ((For the 2007-2009 biennium, moneys in the
account may be used for grants for projects identified in section 138,
chapter 488, Laws of 2005 and section 1033, chapter 520, Laws of 2007.
During the 2009-2011 fiscal biennium, sums in the public works
assistance account may be used for the water pollution control
revolving fund program match in section 3013, chapter 36, Laws of 2010
1st sp. sess. During the 2009-2011 fiscal biennium, the legislature
may transfer from the job development fund to the general fund such
amounts as reflect the excess fund balance of the fund.)) During the
2011-2013 fiscal biennium, the legislature may transfer from the public
works assistance account to the general fund((, the water pollution
control revolving account, and the drinking water assistance account))
and the 2012 jobs act credit enhancement reserve account such amounts
as reflect the excess fund balance of the account.
NEW SECTION. Sec. 603
(2) No later than June 30, 2012, the state treasurer shall transfer
the sum of fifteen million seven hundred dollars from the local toxics
control account to the 2012 jobs act credit enhancement reserve
account.
NEW SECTION. Sec. 701 FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Local Governments (91000241)
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation is provided solely for grants to local
agencies for operational cost savings improvements to local agency
facilities and related projects that result in energy and operational
cost savings. Related projects are those projects that must be
completed in order for the energy efficiency improvements to be
effective. Grants may also be used for loan interest payments over the
term of a loan.
(2) The community services and housing division within the
department of commerce, in consultation with the department of
enterprise services, and the Washington State University energy program
shall establish a competitive process to solicit and evaluate
applications from local agencies. Final grant awards shall be
determined by the department of commerce.
(3) For the purposes of this section:
(a) "Cost-effectiveness" means that the present value to the local
agency of the energy reasonably expected to be saved or produced by a
facility, activity, measure, or piece of equipment over its useful
life, including any compensation received from a utility or the
Bonneville power administration, is greater than the net present value
of the costs of implementing, maintaining, and operating such facility,
activity, measure, or piece of equipment over its useful life, when
discounted at the cost of public borrowing.
(b) "Energy equipment" means energy management systems and any
equipment, materials, or supplies that are expected, upon installation,
to reduce the energy use or energy cost of an existing building or
facility, and the services associated with the equipment, materials, or
supplies, including, but not limited to, design, engineering,
financing, installation, project management, guarantees, operations,
and maintenance. Reduction in energy use or energy cost may also
include reductions in the use or cost of water, wastewater, or solid
waste.
(c) "Energy cost savings" means savings realized in expenses for
energy use and expenses associated with water, wastewater, or solid
waste systems.
(d) "Energy savings performance contracting" means the process
authorized by chapter 39.35C RCW by which a company contracts with a
local agency to conduct energy audits and guarantee energy savings from
energy efficiency.
(e) "Operational cost savings" means savings realized from parts,
service fees, capital renewal costs, and other measurable annual
expenses to maintain and repair systems. This definition does not mean
labor savings related to existing facility staff.
(f) "Public facilities" means buildings, building components, and
major equipment or systems owned by local agencies.
(g) "Local agency" means any city and any town, county, special
district, municipal corporation, agency, port district or authority, or
political subdivision of any type, or any other entity or authority of
local government in corporate form or otherwise.
(4) Grants must be awarded in competitive rounds, based on demand
and capacity, with at least ten percent of each competitive grant round
awarded to small cities or towns with a population of fewer than five
thousand residents.
(5) In order to be eligible for energy efficiency grants under this
section, applicants must complete an investment grade audit, or an
equivalent, prior to submitting an application for funding.
(6) Within each competitive round, projects must be weighted and
prioritized based on the following criteria and in the following order:
(a) Leverage ratio: In each round, the higher the leverage ratio
of nonstate funding sources to state grant, the higher the project
ranking.
(b) Energy savings: In each round, the higher the energy savings,
the higher the project ranking. Applicants must submit documentation
that demonstrates energy and operational cost savings resulting from
the installation of the energy equipment and improvements. The energy
savings analysis shall be performed by a licensed engineer, and the
documentation must include but is not limited to the following:
(i) A description of the energy equipment and improvements; and
(ii) A description of the energy and operational cost savings.
(c) Expediency of expenditure: Project readiness to spend funds
must be prioritized so that the legislative intent to expend funds
quickly is met.
(7) Projects that do not use energy savings performance contracting
must: (a) Verify energy and operational cost savings for ten years or
until the energy and operational costs savings pay for the project,
whichever is shorter; (b) follow the department of enterprise services
energy savings performance contracting project guidelines; and (c)
employ a licensed engineer for the energy audit and construction. The
department of commerce may require third-party verification of savings
if a project is not implemented by an energy savings performance
contractor selected by the department of enterprise services through
the request of qualifications process. Third-party verification must
be conducted either by an energy savings performance contractor
selected by the department of enterprise services through a request for
qualifications, a licensed engineer that is a certified energy manager,
or a project resource conservation manager.
(8) To intensify competition, the department of commerce may only
award funds to the top eighty-five percent of projects applying in a
round until the department of commerce determines a final round is
appropriate. Projects that do not receive a grant award in one round
may reapply in subsequent rounds.
(9) Grant amounts awarded to each project must allow for the
maximum number of projects funded with the greatest energy and cost
benefit.
(10) The department of commerce may charge projects administrative
fees and may pay the department of enterprise services, and the
Washington State University energy program administration fees in an
amount determined through a memorandum of understanding.
(11) The department of commerce and the department of enterprise
services must submit a joint report to the appropriate committees of
the legislature and the office of financial management on the timing
and use of the grant funds, program administrative function, compliance
with apprenticeship utilization requirements in RCW 39.04.320,
compliance with prevailing wage requirements, and administration fees
by the end of each fiscal year, until the funds are fully expended and
all savings verification requirements are fulfilled.
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $43,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $43,000,000
NEW SECTION. Sec. 702 FOR THE DEPARTMENT OF COMMERCE
State Aid for Local Governments (91000324)
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as directed otherwise prior to the effective date of
this section, the department shall not expend the appropriations in
this section unless and until the nonstate share of project costs have
been either expended, or firmly committed, or both, in an amount
sufficient to complete the project or a distinct phase of the project
that is useable to the public for the purpose intended by the
legislature.
(2) Prior to receiving funds, project recipients must demonstrate
that the project site is under control for a minimum of ten years,
either through ownership or a long-term lease. This requirement does
not apply to appropriations for preconstruction activities or
appropriations whose sole purpose is to purchase real property that
does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with
Washington's high performance building standards as required by chapter
39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and
shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient
for a minimum of ten years and used for the same purpose or purposes
intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned
and operated by nonprofit organizations, are generally required to pay
state prevailing wages.
(7) The appropriation is provided solely for the following list of
projects:
| Project | Authorized Amount |
| Port of Quincy Industrial Park No. 6 Infrastructure | $1,100,000 |
| Roslyn Northwest Improvement Building | $1,035,000 |
| Main Street Edmonds | $500,000 |
| Federal Way Sewer Line | $1,500,000 |
| Everett Park Roofs | $400,000 |
| Total | $4,535,000 |
NEW SECTION. Sec. 703 FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program--Additional Round
(91000320)
The appropriation in this section is subject to the following
conditions and limitations: The public works board must conduct an
additional funding round for public works projects. The public works
board, local government applicants, and proposed projects must meet all
requirements of chapter 43.155 RCW; except that, the public works board
must approve the prioritized list of projects and loan amounts without
seeking legislative approval.
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $70,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $70,000,000
NEW SECTION. Sec. 704 FOR THE DEPARTMENT OF COMMERCE
Financing Energy/Water Efficiency (30000180)
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $5,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $5,000,000
NEW SECTION. Sec. 705 FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000183)
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $15,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $15,000,000
NEW SECTION. Sec. 706 FOR THE DEPARTMENT OF COMMERCE
Public Works Pre-Construction Loan Program (91000319)
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $15,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $15,000,000
NEW SECTION. Sec. 707 FOR THE DEPARTMENT OF COMMERCE
New Energy (91000254)
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation in this section is provided solely for grants
to fund installation of Washington-manufactured solar energy systems,
including solar modules and inverters, in public buildings. The
purpose of the grants is to create immediate, high quality jobs in an
emerging local manufacturing industry and reduce the costs of
electrical energy.
(2) The department must conduct a competitive application process,
evaluate project proposals according to objective criteria, allocate
grant funds, and enter into contracts with the selected local agencies.
(a) Eligible applicants are "local agencies," which include cities,
towns, counties, special districts, school districts, municipal
corporations, port districts or authorities, political subdivisions of
any type, or any other entity or authority of local government in
corporate form or otherwise.
(b) The department must, to the extent possible, allocate one-third
of the dollars to projects in eastern Washington.
(c) To be considered for funding, project proposals must, at a
minimum, include:
(i) Purchasing and installing solar modules and inverters
manufactured in Washington; and
(ii) Installing solar energy systems of 40kW or less in order to
ensure maximum public exposure to different solar power applications.
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $5,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $5,000,000
NEW SECTION. Sec. 708 FOR THE DEPARTMENT OF COMMERCE
Connell Klindworth Water Line Distribution (91000318)
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $540,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $540,000
NEW SECTION. Sec. 709 FOR THE OFFICE OF FINANCIAL MANAGEMENT
HB 2783 Infrastructure Funding (91000397)
The appropriation in this section is subject to the following
conditions and limitations: The appropriation in this section is
provided solely to facilitate infrastructure funding coordination as
agreed to in the memorandum of understanding signed by the Governor on
December 23, 2011.
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $5,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $5,000,000
NEW SECTION. Sec. 710 FOR THE DEPARTMENT OF ARCHAEOLOGY AND
HISTORIC PRESERVATION
Courthouse Preservation (91000001)
The appropriation in this section is subject to the following
conditions and limitations: $150,000 of the appropriation is provided
solely for the Mason County Courthouse Renovation Project.
Appropriation:
Local Government Capital Construction Assistance
Bond Proceeds Account--State . . . . . . . . . . . . $338,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $338,000
NEW SECTION. Sec. 801 FOR THE DEPARTMENT OF COMMERCE
Scriber Creek Pedestrian Bridge (91000330)
Appropriation:
Water Quality and Safe Drinking Water Construction
Bond Proceeds Account--State . . . . . . . . . . . . $800,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $800,000
NEW SECTION. Sec. 802 FOR THE DEPARTMENT OF HEALTH
Drinking Water Safety (91000004)
The appropriation in this section is provided solely for the
following ranked list of projects:
| Project | Authorized Amount |
| Whatcom PUD Water System Consolidation | $2,925,000 |
| Cowlitz County Water Treatment | $200,000 |
| Kapowsin Water District Water Treatment | $50,000 |
| Rhodena Beach Water District Water Treatment | $721,000 |
| Greater Bar Water District Water System Consolidation | $1,000,000 |
| City of Ilwaco Water Treatment | $940,000 |
| Town of Malden Water Facility Repair | $975,000 |
| Kitsap PUD Water System Consolidation | $5,000,000 |
| City of Colville System Repair/Upgrade | $750,000 |
| City of Buckley System Repair/Upgrade | $4,000,000 |
| City of Shelton Water System Consolidation | $6,000,000 |
| City of Moses Lake Water System Consolidation | $4,700,000 |
| Skagit PUD Water System Consolidation | $200,000 |
| Pend Oreille PUD System Repair/Upgrade | $900,000 |
| Administrative Costs | $340,000 |
| Total | $28,701,000 |
NEW SECTION. Sec. 803 FOR THE DEPARTMENT OF HEALTH
Drinking Water Grants: Hanson Harbor (91000021)
The appropriation in this section is subject to the following
conditions and limitations: $699,000 of the appropriation is provided
solely for the Hanson Harbor water supply project.
Appropriation:
Water Quality and Safe Drinking Water Construction
Bond Proceeds Account--State . . . . . . . . . . . . $699,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $699,000
Sec. 804 2011 1st sp.s. c 48 s 3024 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000208)
The appropriations in this section are subject to the following
conditions and limitations:
(1) $3,500,000 of the appropriation is provided solely to the city
of Snohomish to implement the near-term wastewater treatment plant
improvement project required under agreed order No. 7973 between the
department of ecology and the city.
(2) $3,500,000 of the appropriation is provided solely for a grant
for the Freeland sewer project.
(3) (($540,000 of the appropriation is provided solely for the city
of Connell's Klindworth Campbell waterline distribution project.)) $600,000 of the appropriation is provided solely for a grant
for the town of Mabton's wastewater treatment project.
(4)
(((5))) (4) For projects involving repair, replacement, or
improvement of a wastewater treatment plant or other public works
facility for which an investment grade audit is obtainable, the
department of ecology must require as a contract condition that the
project sponsor undertake an investment grade audit. The project
sponsor may finance the costs of the audit as part of its centennial
clean water program grant.
(5) $20,709,000 of the appropriation is provided solely as grants
for the following ranked list of projects:
| Project | Authorized Amount |
| Granger Wastewater System Improvements | $3,838,000 |
| Mabton Wastewater Treatment Facility Improvements | $4,400,000 |
| Rock Island Wastewater Treatment Plant and Side Sewers | $1,618,000 |
| Potlatch Wastewater Reclamation Facility | $1,203,000 |
| Belfair WWTP Phase 2 | $4,982,000 |
| Deer Park Wastewater Storage Lagoon Upgrade | $4,668,000 |
| Total | $20,709,000 |
NEW SECTION. Sec. 805 FOR THE STATE CONSERVATION COMMISSION
Farms and Water Quality (91000004)
Appropriation:
Water Quality and Safe Drinking Water Construction
Bond Proceeds Account--State . . . . . . . . . . . . $6,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $6,000,000
NEW SECTION. Sec. 806 FOR THE STATE CONSERVATION COMMISSION
Conservation Reserve Enhancement Program (CREP) (91000006)
Appropriation:
Water Quality and Safe Drinking Water Construction
Bond Proceeds Account--State . . . . . . . . . . . . $3,277,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $3,277,000
NEW SECTION. Sec. 807 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Improvements (91000142)
Appropriation:
Water Quality and Safe Drinking Water Construction
Bond Proceeds Account--State . . . . . . . . . . . . $8,580,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $8,580,000
NEW SECTION. Sec. 808 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works--Dam and Dike (91000143)
Appropriation:
Water Quality and Safe Drinking Water Construction
Bond Proceeds Account--State . . . . . . . . . . . . $3,200,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $3,200,000
NEW SECTION. Sec. 901 FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxic Sites - Puget Sound (91000032)
The appropriation in this section is provided solely for the
following ranked list of projects:
| Project | Authorized Amount |
| Port Gamble Bay - Open up 90 acres of geoduck tracks | $2,000,000 |
| Port Gamble Bay - Source control, habitat preservation, and cleanup sustainability | $7,000,000 |
| Olympia West Bay Marina | $500,000 |
| Olympia Reliable Steel | $750,000 |
| Oak Harbor Cornet Bay | $2,500,000 |
| Seattle Lower Duwamish Waterway Slivers | $5,000,000 |
| Anacortes Guemes Channel | $6,000,000 |
| Puget Sound Bioaccumulative Levels | $950,000 |
| Bellingham Bay Site - Habitat Restoration | $1,500,000 |
| Anacortes Whitmarsh Landfill Accelerated Cleanup | $1,500,000 |
| Port Gardner Bay | $75,000 |
| Port Angeles Harbor | $850,000 |
| Anacortes Custom Plywood Dioxin Removal Interim Action | $3,500,000 |
| Seattle Jacobsen Property | $1,182,000 |
| Total | $33,307,000 |
NEW SECTION. Sec. 902 FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (91000033)
The appropriation in this section is provided solely for the
following ranked list of projects:
| Project | Authorized Amount |
| Cashmere Mill Site | $1,500,000 |
| Marshall Landfill | $8,500,000 |
| Ione Airport Kwik Stop | $300,000 |
| Okanogan Mine Lands (Four Metals, Horn Silver, Brook) | $250,000 |
| Chewelah Grange UST #100319 | $75,000 |
| Coulee City Frontier Corner #100748 | $25,000 |
| Marcus Country Store #100546 | $19,000 |
| North of Davenport Fort Spokane Store #619627 | $30,000 |
| Spokane Fitzgerald Motors (Unregistered) | $15,000 |
| Chelan Investigation | $200,000 |
| Richland Perchloroethylene (PCE) Investigation | $200,000 |
| Total | $11,114,000 |
NEW SECTION. Sec. 903 FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (91000038)
The appropriation in this section is provided solely for the
following ranked list of projects:
| Project | Authorized Amount |
| Port of Seattle Lower Dewamish Waterway Terminal 117 | $11,000,000 |
| Seattle Public Utilities Lower Duwamish Waterway Terminal 117 & Slip 4 | $2,000,000 |
| Seattle City Light Lower Duwamish Waterway Terminal 117 & Slip 4 | $2,000,000 |
| Seattle Gas Works Park Sediment Cleanup | $6,923,000 |
| Port of Olympia Budd Inlet Sediments | $2,000,000 |
| Port of Seattle Lora Lake | $1,000,000 |
| Port of Seattle Terminal 91 | $3,000,000 |
| Port of Seattle Terminal 30 | $394,000 |
| King County East Waterway | $500,000 |
| Kitsap County Olalla Landfill | $138,000 |
| King County Lander - Combined Sewer Overflow | $1,000,000 |
| King County King Street - Combined Sewer Overflow | $670,000 |
| King County Brandon - Combined Sewer Overflow | $300,000 |
| Kitsap County Hansville Landfill | $252,000 |
| Yakima Trolley Barn (3rd & Walnut) | $500,000 |
| Voluntary Cleanup and Integrated Planning Grants | $1,500,000 |
| Total | $33,177,000 |
NEW SECTION. Sec. 904 FOR THE DEPARTMENT OF ECOLOGY
FY 2012 Statewide Stormwater Grant Program (91000053)
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
the following ranked list of projects:
| Project | Authorized Amount |
| Lakewood 2012 Drywell Replacement Project | $330,000 |
| Ferndale Southwest Stormwater Management Facility | $871,000 |
| Tacoma Cheney Stadium Stormwater LID Retrofit | $1,000,000 |
| Bellingham Central Business District Raingarden Retrofits | $450,000 |
| Walla Walla 13th Avenue Stormwater LID Project | $290,000 |
| Spokane County Regional Decant Facility | $684,000 |
| Milton 5th Avenue Stormwater Treatment Facility | $112,000 |
| Pierce County Clarks/Rody Creek Stormwater Retrofits | $829,000 |
| Mount Vernon Downtown Plaza | $351,000 |
| Vancouver Water Quality Retrofits for Existing Drywells | $562,000 |
| Camas Vactor Waste Facility Retrofit | $150,000 |
| Tumwater Valley Regional Stormwater Facility | $469,000 |
| West Richland Bombing Range Outfall Elimination Project | $479,000 |
| Kitsap County Parks: Replace and Installation of Pervious Parking | $735,000 |
| Lots | |
| Woodinville Lake Leota Stormwater Quality Retrofit Project | $866,000 |
| Richland Leslie Groves Park Regional Infiltration Facility | $199,000 |
| Spokane County Country Homes Boulevard Restoration Project | $1,000,000 |
| Redmond NE 84th Street Stormwater Retrofit | $1,000,000 |
| Pierce County Groundwater Pollutant Reduction Project | $578,000 |
| Kitsap County Illahee Stormwater - LID Retrofit Project | $625,000 |
| Bellingham Stormwater Retrofit - Bloedel Donovan Park | $384,000 |
| Puyallup Porous Alley Initiative Program | $665,000 |
| Lacey Vactor Waste Decant Facility | $342,000 |
| Fife 70th Avenue East Phase 2 | $786,000 |
| Kent James Street Stormwater Outfall Retrofit | $75,000 |
| Renton Sunset Terrace Regional Stormwater Facility | $983,000 |
| Sumner Site A.2 Outfall Treatment Retrofit | $1,000,000 |
| Asotin Second Street Stormwater Project | $172,000 |
| University Place Bridgeport Way Low Impact Development Project | $758,000 |
| Sumner Site J Outfall Treatment Retrofit | $538,000 |
| Richland Canyon Terrace Stormwater Treatment Project | $211,000 |
| Olympia SPSCC Stormwater Retrofit for Water Quality | $312,000 |
| Renton Harrington Avenue NE Green Connection | $913,000 |
| Longview Municipal Pervious Concrete | $86,000 |
| Kirkland Northeast King County Co-op Recycling Decant Center | $2,250,000 |
| Burlington Gages Slough Stormwater LID Improvements | $204,000 |
| Clark County Columbia River High School Stormwater Retrofit | $267,000 |
| Bainbridge Island Lynwood Center Outfall Improvement Project | $188,000 |
| Puyallup Clarks Creek Targeted Outfall Retrofit Project | $551,000 |
| Pierce County Tacoma Narrows Airport Pavement Removal | $326,000 |
| Pierce County Spanaway Lake Park Stormwater Retrofit | $690,000 |
| Kennewick Vactor Waste Project | $600,000 |
| West Richland Yakima River Outfall Elimination Project | $124,000 |
| Administrative Costs | $816,000 |
| Total | $24,821,000 |
NEW SECTION. Sec. 905 FOR THE DEPARTMENT OF ECOLOGY
Stormwater Retrofit and LID Competitive Grants (91000054)
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
the following ranked list of projects:
| Project | Authorized Amount |
| Burien Miller Creek Stormwater Management Facility | $1,000,000 |
| Tacoma Asotin Court LID Retrofit | $710,000 |
| Seattle Public Utilities Midvale Stormwater Facility | $1,000,000 |
| Lakewood Steilacoom Blvd Outfall Project | $225,000 |
| Mukileto Smuggler's Gulch Drainage Basin LID and Stormwater Retrofit | $1,000,000 |
| Kirkland Park Lane Pedestrian Corridor | $739,000 |
| Port Angeles 4th Street Stormwater Project | $1,000,000 |
| Snohomish County Dept. of Parks & Rec. Kayak Park Stormwater Treatment | $1,000,000 |
| Renton Rainier Avenue Stormwater Retrofit | $645,000 |
| Vancouver Peterson Channel Industrial LID Improvements | $287,000 |
| Wenatchee Snowmelt Facility | $975,000 |
| Port Orchard Cedar Heights Junior High Sidewalks | $135,000 |
| Centralia Downtown Rain Garden Revitalization Project | $487,000 |
| Snohomish County Paine Field Drainage Subbasin SC-5 | $967,000 |
| Seattle Public Utilities West Seattle Decant Facility | $289,000 |
| Skagit County LID Demonstration Project | $291,000 |
| Snohomish LID Improvements Project | $104,000 |
| Douglas County 23rd Street (Baker to SR28) | $166,000 |
| Renton NE 10th St and Anacortes Ave NE Detention Pond Retrofit | $206,000 |
| Redmond Public Works Kelsey Creek Erosion Reduction Facility | $1,000,000 |
| Whatcom County Upper Silver Beach Creek Restoration | $988,000 |
| Port of Vancouver Terminal 4 Stormwater Pond Retrofit | $1,000,000 |
| Administrative Costs | $483,000 |
| Total | $14,695,000 |
NEW SECTION. Sec. 906 A new section is added to 2011 1st sp.s.
c 49 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Management Projects (91000179)
The appropriation in this section is subject to the following
conditions and limitations: The appropriation in this section is
provided solely for the Gardena Irrigation District Main Canal Project
in Walla Walla County.
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $11,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $11,000,000
NEW SECTION. Sec. 907 FOR THE STATE PARKS AND RECREATION
COMMISSION
Culverts (91000046)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $1,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $1,000,000
NEW SECTION. Sec. 908 FOR THE RECREATION AND CONSERVATION
FUNDING BOARD
Family Forest Fish Passage Program (91000097)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $10,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $10,000,000
NEW SECTION. Sec. 909 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Dry Forest Restoration (91000039)
The appropriation in this section is subject to the following
conditions and limitations:
(1) $375,000 of the appropriation is provided solely for the
Sherman Creek prescribed burning project.
(2) $421,000 of the appropriation is provided solely for the
Sinlahekin dry forest restoration project.
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $796,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $796,000
NEW SECTION. Sec. 910 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fishway Improvements/Diversions (91000033)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $8,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $8,000,000
NEW SECTION. Sec. 911 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Improvements (91000036)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $34,955,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $34,955,000
NEW SECTION. Sec. 912 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Dam and Dike (91000042)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $450,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $450,000
NEW SECTION. Sec. 913 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Access Sites (91000044)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $7,646,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $7,646,000
NEW SECTION. Sec. 914 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Fish Passage Barriers (Culverts) (91000045)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $1,495,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $1,495,000
NEW SECTION. Sec. 915 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Road Maintenance and Abandonment Plan (91000046)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $1,576,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $1,576,000
NEW SECTION. Sec. 916 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Wildlife Area Improvements (91000047)
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $5,268,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $5,268,000
NEW SECTION. Sec. 917 FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plan (91000040)
The appropriation is subject to the following conditions and
limitations:
(l) $1,084,000 of the appropriation in this section is provided
solely to replace fish passage barriers and bring roads up to salmon
recovery and clean water standards within natural area preserves and
natural resource conservation areas.
(2) $10,750,000 of the appropriation in this section is provided
solely to replace fish passage barriers and bring roads up to salmon
recovery and clean water standards on state grant lands and state
forest lands.
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $11,834,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $11,834,000
NEW SECTION. Sec. 918 FOR THE DEPARTMENT OF NATURAL RESOURCES
Restoration Projects to Improve Natural Resources (91000054)
The appropriation in this section is subject to the following
conditions and limitations:
(1) $435,000 of the appropriation is provided solely for a grant to
a nonprofit organization for road repairs and restoration of
forestlands along the Clearwater River.
(2) $1,020,000 of the appropriation is provided solely for a grant
for road repairs and forest treatments in the Ellsworth Creek
watershed.
(3) $1,030,000 of the appropriation is provided solely for a grant
for dike removal and construction of a setback dike and flood
attenuation structure at Port Susan Bay.
(4) $75,000 of the appropriation is provided solely to the
department of fish and wildlife for forest restoration treatments in
the Oak Creek - Tieton landscape.
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $2,560,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $2,560,000
NEW SECTION. Sec. 919 FOR WASHINGTON STATE UNIVERSITY
Washington State University Spokane - Riverpoint Biomedical and
Health Sciences (20162953)
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
soil remediation necessary for the construction of the Riverpoint
Biomedical and Health Sciences building.
Appropriation:
Environmental Cleanup and Restoration Construction
Bond Proceeds Account--State . . . . . . . . . . . . $1,300,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $1,300,000
NEW SECTION. Sec. 1001 FOR THE STATE PARKS AND RECREATION
COMMISSION
Comfort Stations (91000036)
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $1,754,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $1,754,000
NEW SECTION. Sec. 1002 FOR THE STATE PARKS AND RECREATION
COMMISSION
Wallace Falls Footbridge (91000047)
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $486,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $486,000
NEW SECTION. Sec. 1003 FOR THE RECREATION AND CONSERVATION
FUNDING BOARD
Puget Sound Restoration (30000147)
The appropriation in this section is subject to the following
conditions and limitations: The appropriation shall not be expended on
the acquisition of lands by state agencies.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $10,500,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $10,500,000
NEW SECTION. Sec. 1004 FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Hazard Reduction and Safety (91000066)
The appropriation in this section is subject to the following
conditions and limitations:
(1) Up to $4,320,000 of the appropriation in this section is for
forest treatments that benefit state trust lands in eastern Washington
by reducing insect, disease and wildfire hazards, of which not more
than $500,000 may be used for implementing treatments on federal lands
solely within areas identified by a forest health technical advisory
committee to warrant a forest health hazard warning or order authorized
under RCW 76.06.180;
(2) Up to $4,150,000 of the appropriation in this section is for
noxious weed abatement and precommercial thinning on state trust lands;
and
(3) Forest treatments to reduce insect, disease and wildfire
hazards on private or federal lands shall require a contract with the
department of natural resources to provide at least a one-to-one
nonstate or in-kind fund match, and to provide a ten-year landowner
maintenance agreement.
Appropriation:
Forest to Shore Restoration Construction Bonds Proceeds
Account--State . . . . . . . . . . . . $8,470,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $8,470,000
NEW SECTION. Sec. 1005 FOR THE DEPARTMENT OF NATURAL RESOURCES
Puget SoundCorps (91000046)
The appropriation is subject to the following conditions and
limitations: The appropriation in this section is provided solely for
water quality and habitat protection and restoration projects that
benefit Puget Sound recovery and that are primarily on public lands.
The department of natural resources must contract with the department
of ecology for Puget SoundCorps crews of youth and military veterans to
implement these projects pursuant to chapter 20, Laws of 2011.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $10,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $10,000,000
NEW SECTION. Sec. 1006 FOR THE DEPARTMENT OF NATURAL RESOURCES
Creosote Piling Removal (91000047)
The appropriation is subject to the following conditions and
limitations: The appropriation in this section is provided solely to
remove creosote pilings from Puget Sound.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $1,250,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $1,250,000
NEW SECTION. Sec. 1007 FOR THE DEPARTMENT OF NATURAL RESOURCES
Derelict Vessel Removal and Disposal (91000049)
The appropriation is subject to the following conditions and
limitations:
(l) $700,000 of the appropriation in this section is provided
solely to remove derelict or abandoned vessels up to 100 feet in length
from Washington waters; and
(2) $3,000,000 of the appropriation in this section is provided
solely to remove derelict or abandoned vessels exceeding one hundred
feet in length from Washington waters.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $3,700,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $3,700,000
NEW SECTION. Sec. 1008 FOR THE DEPARTMENT OF NATURAL RESOURCES
Shoreline Restoration (91000050)
The appropriation is subject to the following conditions and
limitations: The appropriation in this section is provided solely to
fund aquatic restoration projects in Puget Sound through partnerships
with other agencies and organizations.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $2,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $2,000,000
NEW SECTION. Sec. 1009 FOR THE DEPARTMENT OF NATURAL RESOURCES
Urban Forest Restoration (Puget Sound Basin)(91000051)
The appropriation is subject to the following conditions and
limitations: The appropriation in this section is provided solely to
assist municipalities and jurisdictions across the state to better
manage existing urban forests and plan for improvements to the urban
forest infrastructure.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $800,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $800,000
NEW SECTION. Sec. 1010 FOR THE DEPARTMENT OF NATURAL RESOURCES
Large Debris Removal (91000052)
The appropriation is subject to the following conditions and
limitations: The appropriation in this section is provided solely to
assist public and private shoreline property owners with the removal of
large, artificial marine debris from Puget Sound shorelines.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $200,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $200,000
NEW SECTION. Sec. 1011 FOR THE DEPARTMENT OF NATURAL RESOURCES
Secret Harbor Estuary Restoration - Cypress Island (91000053)
The appropriation is subject to the following conditions and
limitations: The appropriation in this section is provided solely to
restore the Secret Harbor estuary, enhance public access, and expand
the capacity of the Cypress Island natural resources conservation area
for tourism and low-impact public use.
Appropriation:
Forest to Shore Restoration Construction Bond
Proceeds Account--State . . . . . . . . . . . . $535,000
Prior Biennia (Expenditures) . . . . . . . . . . . . $0
Future Biennia (Projected Costs) . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . $535,000
NEW SECTION. Sec. 1101
NEW SECTION. Sec. 1102 (1) Allotments for appropriations in this
act shall be provided in accordance with expedited capital project
review requirements adopted by the office of financial management.
(2) Each project is defined as proposed in the legislative budget
notes or in the governor's budget document.
NEW SECTION. Sec. 1103 (1) To ensure minor works appropriations
are carried out in accordance with legislative intent, funds
appropriated in this act shall not be allotted until project lists are
on file at the office of financial management, the house of
representatives capital budget committee, and the senate ways and means
committee. All projects must meet the criteria included in subsection
(2)(a) of this section. Revisions to the lists must be filed with the
office of financial management, the house of representatives capital
budget committee, and the senate ways and means committee and include
an explanation of variances from the prior lists before funds may be
expended on the revisions.
(2)(a) Minor works projects are single line appropriations that
include multiple projects of a similar nature and that are valued
between $25,000 and $1,000,000 each, with the exception of higher
education minor works projects that may be valued up to $2,000,000.
These projects can generally be completed within two years of the
appropriation with the funding provided. Agencies are prohibited from
including projects on their minor works lists that are a phase of a
larger project, and that if combined over a continuous period of time,
would exceed $1,000,000, or $2,000,000 for higher education minor works
projects. Improvements for accessibility in compliance with the
Americans with disabilities act may be included in any of the above
minor works categories.
(b) Minor works appropriations shall not be used for, among other
things: Studies, except for technical or engineering reviews or
designs that lead directly to and support a project on the same minor
works list; planning; design outside the scope of work on a minor works
list; moveable, temporary, and traditionally funded operating equipment
not in compliance with the equipment criteria established by the office
of financial management; software not dedicated to control of a
specialized system; moving expenses; land or facility acquisition; or
to supplement funding for projects with funding shortfalls unless
expressly authorized elsewhere in this act. The office of financial
management may make an exception to the limitations described in this
subsection (2)(b) for exigent circumstances after notifying the
legislative fiscal committees and waiting ten days for comments by the
legislature regarding the proposed exception.
(c) Minor works preservation projects may include program
improvements of no more than twenty-five percent of the individual
minor works preservation project cost.
(3) It is generally not the intent of the legislature to make
future appropriations for capital expenditures or for maintenance and
operating expenses for an acquisition project or a significant
expansion project that is initiated through the minor works process and
therefore does not receive a policy and fiscal analysis by the
legislature. Minor works projects are intended to be one-time
expenditures that do not require future state resources to complete.
NEW SECTION. Sec. 1104 (1) The office of financial management
may authorize a transfer of appropriation authority provided for a
capital project that is in excess of the amount required for the
completion of such project to another capital project for which the
appropriation is insufficient. No such transfer may be used to expand
the capacity of any facility beyond that intended in making the
appropriation. Such transfers may be effected only between capital
appropriations to a specific department, commission, agency, or
institution of higher education and only between capital projects that
are funded from the same fund or account. No transfers may occur
between projects to local government agencies except where the grants
are provided within a single omnibus appropriation and where such
transfers are specifically authorized by the implementing statutes that
govern the grants.
(2) The office of financial management may find that an amount is
in excess of the amount required for the completion of a project only
if: (a) The project as defined in the notes to the budget document is
substantially complete and there are funds remaining; or (b) bids have
been let on a project and it appears to a substantial certainty that
the project as defined in the notes to the budget document can be
completed within the biennium for less than the amount appropriated in
this act.
(3) For the purposes of this section, the intent is that each
project be defined as proposed to the legislature in the governor's
budget document, unless it clearly appears from the legislative history
that the legislature intended to define the scope of a project in a
different way.
(4) The office of financial management shall report any transfer
effected under this section to the house of representatives capital
budget committee, the senate ways and means committee, and the
legislative evaluation and accountability program committee, at least
thirty days before the date the transfer is effected. The office of
financial management shall report all emergency or smaller transfers
within thirty days from the date of transfer. The governor's capital
budget request following any transfer shall reflect that transfer in
the affected agency.
NEW SECTION. Sec. 1105 (1) It is expected that projects be ready
to proceed in a timely manner depending on the type or phase of the
project or program that is the subject of the appropriation in this
act. Except for major projects that customarily may take more than two
biennia to complete from predesign to the end of construction, or large
infrastructure grant or loan programs supporting projects that often
take more than two biennia to complete, the legislature generally does
not intend to reappropriate funds more than once, particularly for
smaller grant programs, local/community projects, and minor works.
(2) Agencies shall expedite the expenditure of reappropriations and
appropriations in this act in order to: (a) Rehabilitate
infrastructure resources; (b) accelerate environmental rehabilitation
and restoration projects for the improvement of the state's natural
environment; (c) reduce additional costs associated with acquisition
and construction inflationary pressures; and (d) provide additional
employment opportunities associated with capital expenditures.
(3) To the extent feasible, agencies are directed to accelerate
expenditure rates at their current level of permanent employees and
shall use contracted design and construction services wherever
necessary to meet the goals of this section.
Sec. 1106 RCW 43.155.070 and 2009 c 518 s 16 are each amended to
read as follows:
(1) To qualify for loans or pledges under this chapter the board
must determine that a local government meets all of the following
conditions:
(a) The city or county must be imposing a tax under chapter 82.46
RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility
plan; and
(c) The local government must be using all local revenue sources
which are reasonably available for funding public works, taking into
consideration local employment and economic factors.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 must have adopted a comprehensive plan, including
a capital facilities plan element, and development regulations as
required by RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before requesting or
receiving a loan or loan guarantee under this chapter if such request
is made before the expiration of the time periods specified in RCW
36.70A.040. A county, city, or town planning under RCW 36.70A.040
which has not adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not prohibited
from receiving a loan or loan guarantee under this chapter if the
comprehensive plan and development regulations are adopted as required
by RCW 36.70A.040 before submitting a request for a loan or loan
guarantee.
(3) In considering awarding loans for public facilities to special
districts requesting funding for a proposed facility located in a
county, city, or town planning under RCW 36.70A.040, the board shall
consider whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed facility is
located has adopted a comprehensive plan and development regulations as
required by RCW 36.70A.040.
(4) The board shall develop a priority process for public works
projects as provided in this section. The intent of the priority
process is to maximize the value of public works projects accomplished
with assistance under this chapter. The board shall attempt to assure
a geographical balance in assigning priorities to projects. The board
shall consider at least the following factors in assigning a priority
to a project:
(a) Whether the local government receiving assistance has
experienced severe fiscal distress resulting from natural disaster or
emergency public works needs;
(b) Except as otherwise conditioned by RCW 43.155.110, whether the
entity receiving assistance is a Puget Sound partner, as defined in RCW
90.71.010;
(c) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310;
(d) Whether the project is critical in nature and would affect the
health and safety of a great number of citizens;
(e) Whether the applicant has developed and adhered to guidelines
regarding its permitting process for those applying for development
permits consistent with section 1(2), chapter 231, Laws of 2007;
(f) The cost of the project compared to the size of the local
government and amount of loan money available;
(g) The number of communities served by or funding the project;
(h) Whether the project is located in an area of high unemployment,
compared to the average state unemployment;
(i) Whether the project is the acquisition, expansion, improvement,
or renovation by a local government of a public water system that is in
violation of health and safety standards, including the cost of
extending existing service to such a system;
(j) Except as otherwise conditioned by RCW 43.155.120, and
effective one calendar year following the development of model
evergreen community management plans and ordinances under RCW
35.105.050, whether the entity receiving assistance has been
recognized, and what gradation of recognition was received, in the
evergreen community recognition program created in RCW 35.105.030;
(k) The relative benefit of the project to the community,
considering the present level of economic activity in the community and
the existing local capacity to increase local economic activity in
communities that have low economic growth; and
(l) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments
shall not be refinanced under this chapter. Each local government
applicant shall provide documentation of attempts to secure additional
local or other sources of funding for each public works project for
which financial assistance is sought under this chapter.
(6) Before November 1st of each even-numbered year, the board shall
develop and submit to the appropriate fiscal committees of the senate
and house of representatives a description of the loans made under RCW
43.155.065, 43.155.068, and subsection (9) of this section during the
preceding fiscal year and a prioritized list of projects which are
recommended for funding by the legislature, including one copy to the
staff of each of the committees. The list shall include, but not be
limited to, a description of each project and recommended financing,
the terms and conditions of the loan or financial guarantee, the local
government jurisdiction and unemployment rate, demonstration of the
jurisdiction's critical need for the project and documentation of local
funds being used to finance the public works project. The list shall
also include measures of fiscal capacity for each jurisdiction
recommended for financial assistance, compared to authorized limits and
state averages, including local government sales taxes; real estate
excise taxes; property taxes; and charges for or taxes on sewerage,
water, garbage, and other utilities.
(7) The board shall not sign contracts or otherwise financially
obligate funds from the public works assistance account before the
legislature has appropriated funds for a specific list of public works
projects. The legislature may remove projects from the list
recommended by the board. The legislature shall not change the order
of the priorities recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans made
under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the purpose of capital facilities plans shall be
exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling
facilities under this chapter, a city or county must demonstrate that
the solid waste or recycling facility is consistent with and necessary
to implement the comprehensive solid waste management plan adopted by
the city or county under chapter 70.95 RCW.
(11) After January 1, 2010, any project designed to address the
effects of storm water or wastewater on Puget Sound may be funded under
this section only if the project is not in conflict with the action
agenda developed by the Puget Sound partnership under RCW 90.71.310.
(12) During the 2011-2013 biennium, solely for the additional
funding round described in section 703 of this act, the public works
board, local government applicants and proposed projects must meet all
requirements of this section; except that, the public works board must
approve the prioritized list of projects and funding amounts without
seeking legislative approval.
NEW SECTION. Sec. 1107 State agencies, including institutions of
higher education, shall allot and report full-time equivalent staff for
capital projects in a manner comparable to staff reporting for
operating expenditures.
NEW SECTION. Sec. 1108 Executive Order No. 05-05, archaeological
and cultural resources, was issued effective November 10, 2005.
Agencies and higher education institutions shall comply with the
requirements set forth in this executive order.
NEW SECTION. Sec. 1109 (1) Unless otherwise stated, for all
appropriations under this act that require a match of nonstate money or
in-kind contributions, the following requirement, consistent with RCW
43.88.150, shall apply: Expenditures of state money shall be timed so
that the state share of project expenditures never exceeds the intended
state share of total project costs.
(2) Provision of the full amount of required matching funds is not
required to permit the expenditure of capital budget appropriations for
phased projects if a proportional amount of the required matching funds
is provided for each distinct, identifiable phase of the project.
NEW SECTION. Sec. 1110
(2) Sections 301 through 307 of this act constitute a new chapter
in Title 43 RCW.
(3) Sections 401 through 407 of this act constitute a new chapter
in Title 43 RCW.
(4) Sections 501 through 506 of this act constitute a new chapter
in Title 43 RCW.
NEW SECTION. Sec. 1111
NEW SECTION. Sec. 1112