WSR 18-16-048
[Filed July 25, 2018, 4:58 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-12-051.
Title of Rule and Other Identifying Information: WAC 30-40-050 Funding, remove one sentence that places a restriction on artwork funding that does not exist in statute.
Hearing Location(s): On September 13, 2018, at 11:00 a.m., at 711 Capitol Way South, Suite 600, Olympia, WA 98504. Written comments due by September 10, 2018.
Date of Intended Adoption: September 13, 2018.
Submit Written Comments to: Terry J. West, 711 Capitol Way South, Suite 600, Olympia, WA 98504, email, fax 360-586-5351, by September 10, 2018.
Assistance for Persons with Disabilities: Contact Terry J. West, phone 360-586-5350, fax 360-586-5351, email, by September 10, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Remove one sentence of the WAC that places a restriction on artwork funding that does not exist in statute.
Reasons Supporting Proposal: This minor amendment allows the WAC to more accurately reflect the authorizing statute.
Statutory Authority for Adoption: RCW 43.46.040.
Statute Being Implemented: RCW 43.46.090 through 43.46.095.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state arts commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Terry J. West, 711 Capitol Way South, Suite 600, Olympia, 360-586-5350.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state arts commission is not listed under this statute as required to prepare a cost-benefit analysis. The rule being amended is not considered a significant rule change.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030.
Explanation of exemptions: A small business economic impact statement is not required under chapter 19.85.030 RCW because there are not more-than-minor costs to businesses in order to comply with this minor amendment.
June 26, 2018
Karen Hanan
Executive Director
AMENDATORY SECTION(Amending WSR 18-02-086, filed 1/2/18, effective 2/2/18)
WAC 30-40-050Funding.
(1) Calculation of funds.
(a) Pursuant to RCW 43.46.090 through 43.46.095, one-half of one percent of the state's capital appropriation for the original construction of specific public buildings is set aside for the administration, acquisition, and conservation of works of art for the state art collection.
(b) ((The formula is applied to escalated maximum allowable construction cost, and may be applied to architecture and engineering fees and equipment cost.
(c))) Funding is generated by construction of any new building and/or additions to an existing building or structure except for highway construction sheds, warehouses, or other temporary buildings. In addition, funding is generated by any renovation and remodel work exceeding two hundred thousand dollars at universities, colleges, and community colleges. Renovation and remodel work does not include repair, maintenance, or replacement of building systems, such as HVAC, plumbing, wiring, fire sprinklers, roofs, insulation, lighting, or other system that keeps the building functional and safe.
(2) Partner agency eligibility and site requirements of funds.
(a) All state agencies including all state departments, boards, councils, commissions, and quasi-public corporations; all universities, colleges, community colleges, and technical colleges; and the office of the superintendent of public instruction who appropriates state funding to school districts for the original construction of school plant facilities, shall apply the formula.
(b) Works of art must be placed in public buildings or on public lands. In siting works of art, priority is given to state properties and K-12 public schools.
(c) Works of art may be sited in a location other than the construction site generating the funding.
(3) Use of funds.
(a) Staff is responsible for negotiating contracts and expending funds.
(b) Funds may be used for works of art in the state art collection that are:
(i) Integral to or attached to a public building or structure;
(ii) Detached inside or outside a public building or structure;
(iii) On or part of the landscape;
(iv) Permanent or temporary;
(v) Part of a portable exhibition or collection.
(c) Funds may be used for expenses incurred in the design, fabrication, and installation of works of art, artists' fees and expenses, staff administrative expenses, and conservation.
(d) Funds shall not be used for the partner agency's administrative expenses, architectural or professional design services, site preparation, public event expenses, insurance, fees for art selection committee participation, or maintenance of the work of art.
(e) Funds shall not be used for clock towers, electrically powered water features, memorials, logos, signage, or the depiction of school mascots.
(4) Determination of funds. Staff shall determine the funds that are available for projects and sites, in consultation with the partner agency; director of general administration; directors of state agencies; the superintendent of public instruction and school district boards of directors; or the boards of regents or trustees of universities, colleges, and community colleges. (RCW 43.17.210, 43.19.455, 28A.335.210, and 28B.10.025.)
(5) Supplemental funds. The one-half of one percent formula is a required minimum for works of art. Partner agencies may designate additional funds from other sources. Works of art acquired using supplemental funding become part of the state art collection.
(6) Transfer of funds. After project funds for works of art are determined, staff may request transfer of the funds from the partner agency.
(7) Pooling of funds.
(a) Staff may determine that funds from multiple construction projects may be combined as part of a pooling program or to fund larger works of art within a partner agency.
(b) Only K-12 school districts with applicable state assisted construction project funds may apply for K-12 pooled funds.
(c) Eligible K-12 school districts may apply for pooled funds pursuant to WAC 30-12-017 (Applications), WAC 30-12-030 (Panels), and in accordance with published application guidelines.