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ENGROSSED SUBSTITUTE SENATE BILL 6052
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State of Washington63rd Legislature2014 Regular Session

By Senate Ways & Means (originally sponsored by Senators Honeyford, Hargrove, Schoesler, Sheldon, Brown, Rivers, Pearson, and Angel)

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) T
he 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.

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