2006 Legislation
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HOUSE BILL NO. 637 – Water Resources Dept, public works

HOUSE BILL NO. 637

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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, and the 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,  and
 26    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, and the 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 / Fiscal Impact



                       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