State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/11/14.
AN ACT Relating to habitat and recreation land acquisitions; amending RCW 79A.25.260 and 43.88.030; adding a new section to chapter 44.04 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.30 RCW; and adding a new section to chapter 79A.05 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 79A.25.260 and 2012 c 128 s 1 are each amended to read
as follows:
(1) The habitat and recreation lands coordinating group is
established. The group must include representatives from the office,
the state parks and recreation commission, the department of natural
resources, and the department of fish and wildlife. The members of the
group must have subject matter expertise with the issues presented in
this section. Representatives from appropriate stakeholder
organizations and local government must also be considered for
participation on the group, but may only be appointed or invited by the
director.
(2) To ensure timely completion of the duties assigned to the
group, the director shall submit yearly progress reports to the office
of financial management and the appropriate committees of the senate
and house of representatives.
(3) The group must:
(a) Review agency land acquisition and disposal plans and policies
to help ensure statewide coordination of habitat and recreation land
acquisitions and disposals;
(b) ((Produce)) Provide an interagency, statewide biennial forecast
report of habitat and recreation land acquisition and disposal plans to
the office of financial management and the appropriate committees of
the senate and house of representatives by November 1st of each even-numbered year. At a minimum, the forecast report must include:
(i) The anticipated costs of purchasing each proposed property to
be acquired and the sources of funding for the acquisition;
(ii) The number of acres planned for each acquisition;
(iii) The purposes and intended uses of each property to be
acquired;
(iv) A set of detailed and measurable goals for each acquisition;
(v) A plan to track whether each acquisition is meeting the
identified goals; and
(vi) The plan for operation and maintenance of each acquisition,
including:
(A) The ongoing and one-time projects associated with operation and
maintenance of each property;
(B) The anticipated and range of potential operating and capital
costs, including payment in lieu of taxes, associated with the
operation and maintenance of each property; and
(C) The anticipated funding sources for the operating and capital
costs;
(c) Establish procedures for publishing the biennial forecast of
acquisition and disposal plans on web sites or other centralized,
easily accessible formats;
(d) Develop and convene ((an annual)) a biennial forum for agencies
to coordinate their near-term acquisition and disposal plans;
(e) Develop a recommended method for interagency geographic
information system-based documentation of habitat and recreation lands
in cooperation with other state agencies using geographic information
systems;
(f) Develop recommendations for standardization of acquisition and
disposal recordkeeping, including identifying a preferred process for
centralizing acquisition data;
(g) Develop an approach for monitoring the success of acquisitions.
At a minimum, the approach must include providing a biennial monitoring
report to the office of financial management and the appropriate
committees of the senate and house of representatives by July 1st of
each odd-numbered year. The report must include recent acquisition
projects and must include:
(i) The purchase cost and sources of funding;
(ii) The number of acres acquired;
(iii) The actual and anticipated operations and maintenance
expenditures and fund sources of those expenditures;
(iv) The actual costs associated with the payment in lieu of taxes
on the real property; and
(v) The actual use of the property and the results of the
postacquisition monitoring;
(h) By July 1, 2025, and every ten years thereafter, summarize the
previous ten years of postacquisition monitoring and identify:
Properties that are meeting detailed and measurable goals identified
upon acquisition; properties that are not meeting the goals identified,
but are likely to do so in the foreseeable future; and properties that
are not meeting the goals identified and are not likely to do so in the
foreseeable future. For each property that is not meeting the goals
identified, the report must describe any progress made towards the
goals, the reasons the goals have not been achieved, and the estimated
time frame for meeting the goals;
(i) Identify and commence a dialogue with key state and federal
partners to develop an inventory of potential public lands for transfer
into habitat and recreation land management status; and
(((i))) (j) Review existing and proposed habitat conservation plans
on a regular basis to foster statewide coordination and save costs.
(4) If prioritization among the various requirements of subsection
(3) of this section is necessary due to the availability of resources,
the group shall prioritize implementation of subsection (3)(a) through
(d) and (g) of this section.
(5) The group shall revisit the planning requirements of relevant
grant programs administered by the office to determine whether
coordination of state agency habitat and recreation land acquisition
and disposal could be improved by modifying those requirements.
(6) The group must develop options for centralizing coordination of
habitat and recreation land acquisition made with funds from federal
grants. The advantages and drawbacks of the following options, at a
minimum, must be developed:
(a) Requiring that agencies provide early communication on the
status of federal grant applications to the office, the office of
financial management, or directly to the legislature;
(b) Establishing a centralized pass-through agency for federal
funds, where individual agencies would be the primary applicants.
(((7) This section expires July 31, 2017. Prior to January 1,
2017, the group shall make a formal recommendation to the board and the
appropriate committees of the legislature as to whether the existence
of the habitat and recreation lands coordinating group should be
continued beyond July 31, 2017, and if so, whether any modifications to
its enabling statute should be pursued.))
Sec. 2 RCW 43.88.030 and 2006 c 334 s 43 are each amended to read
as follows:
(1) The director of financial management shall provide all agencies
with a complete set of instructions for submitting biennial budget
requests to the director at least three months before agency budget
documents are due into the office of financial management. The budget
document or documents shall consist of the governor's budget message
which shall be explanatory of the budget and shall contain an outline
of the proposed financial policies of the state for the ensuing fiscal
period, as well as an outline of the proposed six-year financial
policies where applicable, and shall describe in connection therewith
the important features of the budget. The biennial budget document or
documents shall also describe performance indicators that demonstrate
measurable progress towards priority results. The message shall set
forth the reasons for salient changes from the previous fiscal period
in expenditure and revenue items and shall explain any major changes in
financial policy. Attached to the budget message shall be such
supporting schedules, exhibits and other explanatory material in
respect to both current operations and capital improvements as the
governor shall deem to be useful to the legislature. The budget
document or documents shall set forth a proposal for expenditures in
the ensuing fiscal period, or six-year period where applicable, based
upon the estimated revenues and caseloads as approved by the economic
and revenue forecast council and caseload forecast council or upon the
estimated revenues and caseloads of the office of financial management
for those funds, accounts, sources, and programs for which the forecast
councils do not prepare an official forecast. Revenues shall be
estimated for such fiscal period from the source and at the rates
existing by law at the time of submission of the budget document,
including the supplemental budgets submitted in the even-numbered years
of a biennium. However, the estimated revenues and caseloads for use
in the governor's budget document may be adjusted to reflect budgetary
revenue transfers and revenue and caseload estimates dependent upon
budgetary assumptions of enrollments, workloads, and caseloads. All
adjustments to the approved estimated revenues and caseloads must be
set forth in the budget document. The governor may additionally
submit, as an appendix to each supplemental, biennial, or six-year
agency budget or to the budget document or documents, a proposal for
expenditures in the ensuing fiscal period from revenue sources derived
from proposed changes in existing statutes.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past
fiscal period, those received or anticipated for the current fiscal
period, and those anticipated for the ensuing biennium;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures,
revenues, workload, performance, and personnel as the legislature may
direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and
expenditures as the governor shall deem pertinent and useful to the
legislature;
(e) Tabulations showing expenditures classified by fund, function,
and agency;
(f) The expenditures that include nonbudgeted, nonappropriated
accounts outside the state treasury;
(g) Identification of all proposed direct expenditures to implement
the Puget Sound water quality plan under chapter 90.71 RCW, shown by
agency and in total; and
(h) Tabulations showing each postretirement adjustment by
retirement system established after fiscal year 1991, to include, but
not be limited to, estimated total payments made to the end of the
previous biennial period, estimated payments for the present biennium,
and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed
estimates of all anticipated revenues applicable to proposed operating
or capital expenditures and shall also include all proposed operating
or capital expenditures. The total of beginning undesignated fund
balance and estimated revenues less working capital and other reserves
shall equal or exceed the total of proposed applicable expenditures.
The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state
debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form
showing those incurred or received for the immediately past fiscal
period and those anticipated for the current biennium and next ensuing
biennium;
(g) A showing and explanation of amounts of general fund and other
funds obligations for debt service and any transfers of moneys that
otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing
contracts for the lease/purchase or acquisition of personal or real
property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general
fund and other funds required to amortize the unfunded actuarial
accrued liability of the retirement system specified under chapter
41.45 RCW, and the contributions to meet such amortization, stated in
total dollars and as a level percentage of total compensation.
(3) The governor's operating budget document or documents shall
reflect the statewide priorities as required by RCW 43.88.090.
(4) The governor's operating budget document or documents shall
identify activities that are not addressing the statewide priorities.
(5) A separate capital budget document or schedule shall be
submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the
state that identifies and includes the highest priority needs within
affordable spending levels;
(b) A capital program consisting of proposed capital projects for
the next biennium and the two biennia succeeding the next biennium
consistent with the long-range facilities plan. Insomuch as is
practical, and recognizing emergent needs, the capital program shall
reflect the priorities, projects, and spending levels proposed in
previously submitted capital budget documents in order to provide a
reliable long-range planning tool for the legislature and state
agencies;
(c) A capital plan consisting of proposed capital spending for at
least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and
repair projects. The plan shall include a prioritized list of specific
facility deficiencies and capital projects to address the deficiencies
for each agency, cost estimates for each project, a schedule for
completing projects over a reasonable period of time, and
identification of normal maintenance activities to reduce future
backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions
set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life
of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated
costs for the following project components: Acquisition, consultant
services, construction, equipment, project management, and other costs
included as part of the project. Project component costs shall be
displayed in a standard format defined by the office of financial
management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as
defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting
from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for
the acquisition of land or the capital improvement of land in which the
primary purpose of the acquisition or improvement is recreation or
((wildlife)) habitat conservation, the capital budget document, or an
omnibus list of recreation and habitat acquisitions provided with the
governor's budget document, ((shall)) must identify:
(i) The projected costs of operation and maintenance for at least
the two biennia succeeding the next biennium. Omnibus lists of habitat
and recreation land acquisitions ((shall)) must include individual
project cost estimates for operation and maintenance as well as a total
for all state projects included in the list. The document ((shall))
must identify the source of funds from which the operation and
maintenance costs are proposed to be funded; and
(ii) For applicable land acquisitions, the anticipated biennial
costs for payments of amounts in lieu of real property taxes authorized
under RCW 77.12.203, 79.70.130, 79.71.130, 79.155.140, or 79A.15.120.
The document must also identify a proposed fund source to pay these
costs;
(q) Such other information bearing upon capital projects as the
governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of
normal maintenance, for all capital projects; and
(s) Such other information as the legislature may direct by law or
concurrent resolution.
For purposes of this subsection (5), the term "capital project"
shall be defined subsequent to the analysis, findings, and
recommendations of a joint committee comprised of representatives from
the house capital appropriations committee, senate ways and means
committee, legislative evaluation and accountability program committee,
and office of financial management.
(6) No change affecting the comparability of agency or program
information relating to expenditures, revenues, workload, performance
and personnel shall be made in the format of any budget document or
report presented to the legislature under this section or RCW
43.88.160(1) relative to the format of the budget document or report
which was presented to the previous regular session of the legislature
during an odd-numbered year without prior legislative concurrence.
Prior legislative concurrence shall consist of (a) a favorable majority
vote on the proposal by the standing committees on ways and means of
both houses if the legislature is in session or (b) a favorable
majority vote on the proposal by members of the legislative evaluation
and accountability program committee if the legislature is not in
session.
NEW SECTION. Sec. 3 A new section is added to chapter 44.04 RCW
to read as follows:
The appropriate committees of the senate and house of
representatives may consider the biennial and decadal state lands
acquisition monitoring reports required under RCW 79A.25.260 and, at
the committee's discretion, make recommendations to the applicable
legislative chamber. The legislature may direct land disposals through
legislative enactment.
NEW SECTION. Sec. 4 A new section is added to chapter 77.12 RCW
to read as follows:
(1) Prior to acquiring or developing real property, the department
must review the proposed acquisition or development project with the
city or county with jurisdiction. The department must endeavor to do
so as soon as is practicable in the acquisition or development planning
process.
(2) The department's review of a proposed project application with
the city or county with jurisdiction under RCW 79A.15.110, if
applicable, fulfills the requirements of this section.
NEW SECTION. Sec. 5 A new section is added to chapter 43.30 RCW
under the subchapter heading "part 5 powers and duties--general" to
read as follows:
(1) Prior to acquiring or developing real property that is
currently or to be managed as a natural area preserve under chapter
79.70 RCW, natural resources conservation area under chapter 79.71 RCW,
community forest trust under chapter 79.155 RCW, or for other habitat
or recreation purposes, the department must review the proposed
acquisition or development project with the city or county with
jurisdiction. The department must endeavor to do so as soon as is
practicable in the acquisition or development planning process.
(2) The department's review of a proposed project application with
the city or county with jurisdiction under RCW 79A.15.110, if
applicable, fulfills the requirements of this section.
NEW SECTION. Sec. 6 A new section is added to chapter 79A.05 RCW
to read as follows:
(1) Prior to acquiring or developing real property, the commission
must review the proposed acquisition or development project with the
city or county with jurisdiction. The commission must endeavor to do
so as soon as is practicable in the acquisition or development planning
process.
(2) The commission's review of a proposed project application with
the city or county with jurisdiction under RCW 79A.15.110, if
applicable, fulfills the requirements of this section.