HB 2936 — Adjusting predesign requirements and thresholds.

H-5041.1SUBSTITUTEH-4712.1HOUSE HOUSE BILL 2936State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentative CapitalSteeleRead Budgetfirst (originallytime sponsored02/11/20.Referred byto RepresentativeCommittee Steele)READon FIRSTCapital TIMEBudget.AN 02/26/20.AN ACT Relating to predesign requirements and thresholds;

amending RCW 43.88.110,43.88.110; 43.82.035, and 43.88.0301;

The legislature finds that predesigns are often done due to statutory requirementsrequirement regardless of whether it is necessary to the capital project.

The legislature also finds that the cost of these unnecessary predesigns includes not only limited resources in the capital budget, but an extended project timeline.

Therefore, the legislature intends to reduce the number of predesigns bybeing raisingconducted theby costapplying thresholda andset addingof exceptionsstandards to theassist agencies in deciding whether a predesign requirements.Sec.is necessary.Sec.

and(c) A requirement to incorporate value-engineering analysis and constructability review into the project schedule.(6) TheFor officea ofconstruction financialproject managementexceeding maythe maketen million dollar threshold established in subsection (5) of this section, an exceptionagency tomay, at its discretion, waive some or all of the predesign requirements specified in subsection (5) of this section.section if the project meets two or more of the following conditions:(a) There is no determination to be made regarding the site of the project;(b) There is no determination to be made regarding whether the project will involve renovation, new construction, or both;(c) Within six years of submitting the request for funding, the agency has completed, or initiated the construction of, a substantially similar project, as determined by the requesting agency;(d) There is no anticipated change to the project's program or the services to be delivered at the facility;

or(e) The agency and the office of financial management shalljointly reportdetermine anythat exceptiona project does not require a predesign due to thea fiscallack committeesof complexity.(7) No expenditure may be incurred or obligation entered into for such major capital construction projects including, without exception, land acquisition, site development, predesign, design, construction, and equipment acquisition and installation, until the allotment of the legislaturefunds andto include:be expended has been approved by the office of financial management.

(a)This Alimitation descriptiondoes not prohibit the continuation of expenditures and obligations into the majorsucceeding capitalbiennium projectfor projects for which allotments have been approved in the predesignimmediate waiverprior isbiennium.(((7)))(8) made;If at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, the governor shall make across-the-board reductions in allotments for that particular fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods.

(b) an explanation of the reason for the waiver;

and (c) a rough order of magnitude cost estimate for the project's design and construction.(7) In deliberations related to submitting an exception under subsection (6) of this section, the office of financial management shall consider the following factors:(a) Whether there is any determination to be made regarding the site of the project;(b) Whether there is any determination to be made regarding whether the project will involve renovation, new construction, or both;(c) Whether, within six years of submitting the request for funding, the agency has completed, or initiated the construction of, a substantially similar project;(d) Whether there is any anticipated change to the project's program or the services to be delivered at the facility;(e) Whether the requesting agency indicates that the project may not require some or all of the requirements in subsection (5) of this section due to a lack of complexity;

and(f) Whether any other factors related to project complexity or risk, as determined by the office of financial management, could reduce the need for, or scope of, a predesign.(8) If under subsection (6) of this section, some or all of the predesign requirements under subsection (5) of this section are waived, the office of financial management may instead propose a professional project cost estimate instead of a request for predesign funding.(9) No expenditure may be incurred or obligation entered into for such major capital construction projects including, without exception, land acquisition, site development, predesign, design, construction, and equipment acquisition and installation, until the allotment of the funds to be expended has been approved by the office of financial management.

This limitation does not prohibit the continuation of expenditures and obligations into the succeeding biennium for projects for which allotments have been approved in the immediate prior biennium.(((7)))(10) If at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, the governor shall make across-the-board reductions in allotments for that particular fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods.

If an agency or the director of financial management is unable to meet these requirements, the director of financial management shall provide a timely explanation in writing to the legislative fiscal committees.(((8)))(11)committees.(((8)))(9) It is expressly provided that all agencies shall be required to maintain accounting records and to report thereon in the manner prescribed in this chapter and under the regulations issued pursuant to this chapter.

Prior to submitting fiscal data, written or oral, to committees of the legislature, it is the responsibility of the agency submitting the data to reconcile it with the budget and accounting data reported by the agency to the director of financial management.(((9)))(12)management.(((9)))(10) The director of financial management may exempt certain public funds from the allotment controls established under this chapter if it is not practical or necessary to allot the funds.

The director of financial management shall report any exemptions granted under this subsection to the legislative fiscal committees.Sec.committees.--- END ---

3.

RCW 43.82.035 and 2015 c 225 s 75 are each amended to read as follows:(1) The office of financial management shall design and implement a modified predesign process for any space request to lease, purchase, or build facilities that involve (a) the housing of new state programs, (b) a major expansion of existing state programs, or (c) the relocation of state agency programs.

This includes the consolidation of multiple state agency tenants into one facility.

The office of financial management shall define facilities that meet the criteria described in (a) and (b) of this subsection.(2) State agencies shall submit modified predesigns to the office of financial management and the legislature.

Modified predesigns must include a problem statement, an analysis of alternatives to address programmatic and space requirements, proposed locations, and a financial assessment.

For proposed projects of twenty thousand gross square feet or less, the agency may provide a cost-benefit analysis, rather than a life-cycle cost analysis, as determined by the office of financial management.(3) Projects that meet the capital requirements for predesign on major facility projects with an estimated project cost of ((five))ten million dollars or more pursuant to chapter 43.88 RCW shall not be required to prepare a modified predesign.(4) The office of financial management shall require state agencies to identify plans for major leased facilities as part of the ten-year capital budget plan.

State agencies shall not enter into new or renewed leases of more than one million dollars per year unless such leases have been approved by the office of financial management except when the need for the lease is due to an unanticipated emergency.

The regular termination date on an existing lease does not constitute an emergency.

The department of enterprise services shall notify the office of financial management and the appropriate legislative fiscal committees if an emergency situation arises.(5) For project proposals in which there are estimates of operational savings, the office of financial management shall require the agency or agencies involved to provide details including but not limited to fund sources and timelines.Sec.

4.

RCW 43.88.0301 and 2017 3rd sp.s.

c 25 s 2 are each amended to read as follows:(1) The office of financial management must include in its capital budget instructions, beginning with its instructions for the 2003-05 capital budget, a request for "yes" or "no" answers for the following additional informational questions from capital budget applicants for all proposed major capital construction projects valued over ((five))ten million dollars and required to complete a predesign:(a) For proposed capital projects identified in this subsection that are located in or serving city or county planning under RCW 36.70A.040:(i) Whether the proposed capital project is identified in the host city or county comprehensive plan, including the capital facility plan, and implementing rules adopted under chapter 36.70A RCW;(ii) Whether the proposed capital project is located within an adopted urban growth area:(A) If at all located within an adopted urban growth area boundary, whether a project facilitates, accommodates, or attracts planned population and employment growth;(B) If at all located outside an urban growth area boundary, whether the proposed capital project may create pressures for additional development;(b) For proposed capital projects identified in this subsection that are requesting state funding:(i) Whether there was regional coordination during project development;(ii) Whether local and additional funds were leveraged;(iii) Whether environmental outcomes and the reduction of adverse environmental impacts were examined.(2) For projects subject to subsection (1) of this section, the office of financial management shall request the required information be provided during the predesign process of major capital construction projects to reduce long-term costs and increase process efficiency.(3) The office of financial management, in fulfilling its duties under RCW 43.88.030(5) to create a capital budget document, must take into account information gathered under subsections (1) and (2) of this section in an effort to promote state capital facility expenditures that minimize unplanned or uncoordinated infrastructure and development costs, support economic and quality of life benefits for existing communities, and support local government planning efforts.(4) The office of community development must provide staff support to the office of financial management and affected capital budget applicants to help collect data required by subsections (1) and (2) of this section.--- END ---