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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 - 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
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