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H0637.........................................by RESOURCES AND CONSERVATION WATER RESOURCES DEPARTMENT - PUBLIC WORKS - Amends existing law relating to public works to specify those real properties and improvements that constitute facilities needs relating to the Department of Water Resources and the Water Resource Board; to provide an exemption from specified administration and review of certain public works projects for the Department of Water Resources and the Water Resource Board; and to provide that certain requirements apply to the Department of Water Resources and the Water Resource Board relating to the letting of contracts for public works. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Res/Con 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood NAYS -- None Absent and excused -- Black, Edmunson, Field(18), Roberts, Trail, Mr. Speaker Floor Sponsor - Barraclough Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Res/Env 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Marley Floor Sponsor - Stennett Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed 03/23 Pres signed - To Governor 03/24 Governor signed Session Law Chapter 205 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 637 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC WORKS; AMENDING SECTION 67-5708B, IDAHO CODE, TO SPECIFY 3 THOSE REAL PROPERTIES AND IMPROVEMENTS THAT CONSTITUTE FACILITIES NEEDS 4 RELATING TO THE DEPARTMENT OF WATER RESOURCES AND THE WATER RESOURCE 5 BOARD; AND AMENDING SECTION 67-5711, IDAHO CODE, TO PROVIDE AN EXEMPTION 6 FROM SPECIFIED ADMINISTRATION AND REVIEW OF CERTAIN PUBLIC WORKS PROJECTS 7 FOR THE DEPARTMENT OF WATER RESOURCES AND THE WATER RESOURCE BOARD AND TO 8 PROVIDE THAT CERTAIN REQUIREMENTS APPLY TO THE DEPARTMENT OF WATER 9 RESOURCES AND THE WATER RESOURCE BOARD RELATING TO THE LETTING OF CON- 10 TRACTS FOR PUBLIC WORKS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 67-5708B, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-5708B. FACILITIES NEEDS PLANNING. All state agencies shall prepare and 15 maintain a five (5) year facilities needs plan and report such projected 16 facilities needs at their annual budget hearings. State agencies shall prepare 17 such five (5) year plan utilizing guidelines for facilities needs planning 18 established by the department of administration. Any state agency that has 19 unused, underused or available building space shall notify the department of 20 administration and seek opportunities to co-occupy those facilities or any 21 newly acquired or leased facilities with other state agencies. 22 Each state agency shall provide a copy of its facilities needs plan report 23 to the department of administration. The department of administration shall 24 prepare a five (5) year statewide facilities needs plan incorporating the 25 facilities needs plans of the state agencies and report such facilities needs 26 in its annual budget hearings. 27 For purposes of this section, the term "state agency" shall mean all state 28 departments, agencies and institutions, excluding state institutions of higher 29 education. For purposes of this section, the term "facilities needs" shall 30 mean the state agency's need to own, operate or occupy real property and 31 improvements including administrative office buildings, structures and parking 32 lots, to assist it in its operation as a state agency. Facilities needs shall 33 not include the ownership, operation or occupying of real property or improve- 34 ments by a state agency where such ownership, operation or occupying is a 35 function of the agency's purpose, such as real property and improvements, 36 other than administrative office buildings, structures and parking lots 37 described above under the jurisdiction and control of the Idaho transportation 38 department, the department of fish and game, the department of parks and rec- 39 reation,andthe department of lands, and the department of water resources 40 and water resource board. 41 The department may promulgate rules and prescribe necessary procedures to 42 implement the provisions of this section. 2 1 SECTION 2. That Section 67-5711, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 67-5711. CONSTRUCTION, ALTERATION, EQUIPPING, FURNISHING AND REPAIR OF 4 PUBLIC BUILDINGS AND WORKS. The director of the department of administration, 5 or his designee, of the state of Idaho, is authorized and empowered, subject 6 to the approval of the permanent building fund advisory council, to provide 7 or secure all plans and specifications for, to let all contracts for, and to 8 have charge of and supervision of the construction, alteration, equipping and 9 furnishing, repair, maintenance other than preventive maintenance of any and 10 all buildings, improvements of public works of the state of Idaho, the cost of 11 which construction, alteration, equipping and furnishing, repair, maintenance 12 other than preventive maintenance exceeds the sum of one hundred thousand dol- 13 lars ($100,000) for labor, materials and equipment, which sum shall exclude 14 design costs, bid advertising and related bidding expenses, provided, that the 15 director or his designee, and permanent building fund advisory council shall, 16 in the letting of contracts under this section, comply with the procedure for 17 the calling of bids provided in section 67-5711C, Idaho Code; provided, how- 18 ever, that this section shall not apply to the construction, alteration, 19 equipping or furnishing or repair or maintenance other than preventive mainte- 20 nance of public buildings under the jurisdiction and control of the board of 21 regents of the university of Idaho; provided further, that the bidding proce- 22 dures required by this section and section 67-5711C, Idaho Code, shall not 23 apply to performance contracts as provided in section 67-5711D, Idaho Code; 24 provided further, that public works for the Idaho transportation department, 25 the department of fish and game, the department of parks and recreation,and26 the department of lands, and the department of water resources and water 27 resource board, except for administrative office buildings and all associated 28 improvements, are exempt from the provisions of this section that relate to 29 the administration and review of such projects by the director of the depart- 30 ment of administration or his designee and by the permanent building fund 31 advisory council. This exemption shall not relieve the Idaho transportation 32 department, the department of fish and game, the department of parks and rec- 33 reation,andthe department of lands, and the department of water resources 34 and water resource board in the letting of contracts for public works, from 35 complying with the procedures of section 67-5711C, Idaho Code, related to the 36 advertising and bidding for contracts. The permanent building fund advisory 37 council may adopt rules consistent with existing law, including rules for a 38 program of inspection and maintenance, to carry out the provisions of this 39 chapter.
STATEMENT OF PURPOSE RS 15910 The purpose of this legislation is to amend Idaho Code Section 67-5708B and 67-5711 to exempt certain public works projects for the Department of Water Resources and Water Resource Board from administration and review by the director of the Department of Administration or his designee and the Permanent Building Fund Advisory Council. The exemption shall not relieve the Department of Water Resources and Water Resource Board from complying with the procedures of Idaho Code Section 67-5711C related to the advertising and bidding for contracts. Sections 67-5708B and 67- 5711 presently exempt certain properties and public works projects for the Departments of Transportation, Fish and Game, Parks and Recreation, and Lands. This legislation is proposed to provide a clear and specific exemption from administration and review under Idaho Code Section 67-5711 for water projects to be constructed by the Water Resource Board after legislative approval pursuant to the provisions of Idaho Code Section 42-1755 and for ground water monitoring wells and other water-related projects undertaken by the Department of Water Resources or the Water Resource Board. The need for clarity regarding this issue most recently has arisen with Water Resource Board plans to proceed with establishing a managed recharge project to enhance water supplies in the Eastern Snake Plain Aquifer consistent with legislative authorization provided by H373, as amended, 2005 Idaho Session Laws, chapter 362, 2. FISCAL NOTE Enactment of this legislation will not have a negative impact upon the state's general fund or other state or local funds. Contact Name: Karl Dreher, Director, Water Resources, Dept of Phone: (208) 287-4800 STATEMENT OF PURPOSE/FISCAL NOTE H 637