BILL REQ. #:  S-1582.1 

Read first time 03/16/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to analyzing alternative methods of facilities acquisition for state agencies; and amending RCW 43.82.010.

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

Sec. 1   RCW 43.82.010 and 2007 c 506 s 8 are each amended to read as follows:
     (1) The director ((of general administration)), on behalf of the agency involved and after consultation with the office of financial management, ((shall)) must purchase, lease, lease purchase, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. This section does not transfer financial liability for the acquired property to the department of general administration.
     (2) Except for real estate occupied by federal agencies, the director ((shall)) must determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section. Facilities acquired or held pursuant to this chapter, and any improvements thereon, ((shall)) must conform to standards adopted by the director and approved by the office of financial management governing facility efficiency unless a specific exemption from such standards is provided by the director ((of general administration)). The director ((of general administration shall)) must report to the office of financial management and the appropriate committees of the legislature annually on any exemptions granted pursuant to this subsection.
     (3) The director ((of general administration)) may fix the terms and conditions of each lease entered into under this chapter, except that no lease ((shall)) may extend greater than twenty years in duration. The director ((of general administration)) may enter into a long-term lease greater than ten years in duration upon a determination by the director of the office of financial management that the long-term lease provides a more favorable rate than would otherwise be available, it appears to a substantial certainty that the facility is necessary for use by the state for the full length of the lease term, and the facility meets the standards adopted pursuant to subsection (2) of this section. The director ((of general administration)) may enter into a long-term lease greater than ten years in duration if an analysis shows that the life-cycle cost of leasing the facility is less than the life-cycle cost of purchasing or constructing a facility in lieu of leasing the facility.
     (4) Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a public offering. Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a private placement without the prior written approval of the state treasurer. However, this limitation ((shall)) does not prevent a lessor from assigning or encumbering its interest in a lease as security for the repayment of a promissory note provided that the transaction would otherwise be an exempt transaction under RCW 21.20.320. The state treasurer ((shall)) must adopt rules that establish the criteria under which any such approval may be granted. In establishing such criteria the state treasurer ((shall)) must give primary consideration to the protection of the state's credit rating and the integrity of the state's debt management program. If it appears to the state treasurer that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection, then he or she may recommend that the governor cause such lease to be terminated. The department of general administration ((shall)) must promptly notify the state treasurer whenever it may appear to the department that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection.
     (5) It is the policy of the state to encourage the colocation and consolidation of state services into single or adjacent facilities, whenever appropriate, to improve public service delivery, minimize duplication of facilities, increase efficiency of operations, and promote sound growth management planning.
     (6) The director ((of general administration shall)) must provide coordinated long-range planning services to identify and evaluate opportunities for colocating and consolidating state facilities. Upon the renewal of any lease, the inception of a new lease, or the purchase of a facility, the director ((of general administration shall)) must determine whether an opportunity exists for colocating the agency or agencies in a single facility with other agencies located in the same geographic area. If a colocation opportunity exists, the director ((of general administration shall)) must consult with the affected state agencies and the office of financial management to evaluate the impact colocation would have on the cost and delivery of agency programs, including whether program delivery would be enhanced due to the centralization of services. The director ((of general administration)), in consultation with the office of financial management, ((shall)) must develop procedures for implementing colocation and consolidation of state facilities.
     (7) The director ((of general administration)) is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director ((of general administration shall)) must charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which ((shall)) may not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
     (8) If the director ((of general administration)) determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsection (1) or (7) of this section, the director ((shall)) must cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his or her office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds((: PROVIDED, That)). However, the cost of executing such work ((shall)) may not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, ((shall)) must be performed in accordance with the public works law of this state.
     (9) In order to obtain maximum utilization of space, the director ((of general administration shall)) must make space utilization studies, and ((shall)) must establish standards for use of space by state agencies. Such studies ((shall)) must include the identification of opportunities for colocation and consolidation of state agency office and support facilities.
     (10)(a) The director ((of general administration)) may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major improvements to existing facilities or acquisition of facilities using a lease purchase contract, the director ((of general administration shall)) must conduct an evaluation of the facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement.
     (b) The director must also include representatives from private sector organizations in conducting an analysis of alternative methods of facilities acquisition. The alternative methods of facilities acquisition must include: Short-term leasing, long-term leasing (twenty to thirty years), alternative lease-to-purchase procedures, leases with option(s) to purchase, and other methods suggested by the private sector. The application of life-cycle cost analysis to various alternative methods of facilities acquisition must include considerations for maintenance costs, renovation costs, systems replacement costs, and remodel costs occurring both before and after state acquisition of ownership. The life-cycle term being analyzed must be thirty years.
     (11) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director ((of general administration)) or the director's designee, and recorded with the county auditor of the county in which the property is located.
     (12) The director ((of general administration)) may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable. By January 1st of each year, beginning January 1, 2008, the department ((shall)) must submit an annual report to the office of financial management and the appropriate committees of the legislature on all delegated leases.
     (13) This section does not apply to the acquisition of real estate by:
     (a) The state college and universities for research or experimental purposes;
     (b) The state liquor control board for liquor stores and warehouses; and
     (c) The department of natural resources, the department of fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.
     (14) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.
     (15) The department of general administration ((shall)) must report annually to the office of financial management and the appropriate fiscal committees of the legislature on facility leases executed for all state agencies for the preceding year, lease terms, and annual lease costs. The report must include leases executed under RCW 43.82.045 and subsection (12) of this section.
     (16) For the purposes of this section, "director" means the director of general administration.