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S1486................................................by JUDICIARY AND RULES PERMANENT BUILDING FUND ADVISORY COUNCIL - Amends existing law relating to state government and the Permanent Building Fund Advisory Council to provide for delegation by the administrator of the Division of Public Works of certain projects which cost less than five hundred thousand dollars; to provide for exceptions to the application of provisions relating to the construction, alteration, equipping, furnishing and repair of public buildings and works; and to provide for liability. 03/11 Senate intro - 1st rdg - to printing 03/12 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1486 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO STATE GOVERNMENT AND THE PERMANENT BUILDING FUND ADVISORY COUNCIL; 3 AMENDING SECTION 67-5710A, IDAHO CODE, TO PROVIDE FOR DELEGATION OF CER- 4 TAIN PROJECTS WHICH COST LESS THAN FIVE HUNDRED THOUSAND DOLLARS AND TO 5 MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 67-5711, IDAHO CODE, TO 6 PROVIDE FOR EXCEPTIONS TO APPLICATION OF PROVISIONS RELATING TO THE CON- 7 STRUCTION, ALTERATION, EQUIPPING, FURNISHING AND REPAIR OF PUBLIC BUILD- 8 INGS AND WORKS AND TO PROVIDE FOR LIABILITY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 67-5710A, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-5710A. REQUIREMENT OF PLANS AND SPECIFICATION APPROVAL BY PERMANENT 13 BUILDING FUND ADVISORY COUNCIL AND DELEGATION OF PROJECT OVERSIGHT BY THE 14 ADMINISTRATOR FOR THE DIVISION OF PUBLIC WORKS. 15 (1) (a) Unless an emergency exists as defined in section 67-5711B, Idaho 16 Code, an existing public works may not be altered, repaired, constructed 17 or improved on property owned or occupied by any state institution, 18 department, commission, board or agency, if the estimated cost of work 19 exceeds the limit established in section 67-5711, Idaho Code, and except 20 for those institutions and agency exemptions listed in section 67-5711, 21 Idaho Code, without regard to source of funding, until the location, 22 design, plans and specifications are approved by the permanent building 23 fund advisory council and the project is supervised by the division of 24 public works or its designee. 25 (b) Facilities to be built with funds under the control of a nonstate 26 entity, and owned or occupied by state entities, must have plans and spec- 27 ifications prepared, and all plans and specifications must be reviewed and 28 approved by the permanent building fund advisory council prior to the 29 advertising, bidding, construction and/or negotiation for construction of 30 the facilities. 31 (2) (a) The administrator for the division of public works may delegate 32 control over design, construction and all other aspects of a public works 33 or maintenance project which costs less thanone hundred fiftyfive hun- 34 dred thousand dollars ($1500,000), to agencies of state government on a 35 project-by-project basis, if a responsible party of the state agency 36 requests that delegation in writing and the permanent building fund advi- 37 sory council approves the delegation. 38 (i) The state agency to whom control is delegated shall assume all 39 responsibility for project budgets and shall receive funds appropri- 40 ated for the project upon application and approval by the permanent 41 building fund advisory council. 42 (ii) Delegation of project control does not exempt the state agency 43 from complying with public works statutes, life safety and building 2 1 codes or other applicable codes and regulations. The state agency 2 also must comply with any guidelines or procedures for design and 3 construction adopted by the division of public works and the perma- 4 nent building fund advisory council. 5 (iii) State agencies that receive delegated projects may not have 6 access to permanent building fund advisory council contingency funds 7 unless approved by the permanent building fund advisory council or 8 authorized by appropriation. 9 (iv) Prior, written approval from the administrator must be granted 10 for any public works utilizing sole source or limited competition. No 11 agency will be delegated the ability to declare an emergency as 12 defined in section 67-5711B, Idaho Code. 13 (v) The permanent building fund advisory council may elect to audit 14 any project for compliance with applicable codes and policies. 15 (vi) The delegated state agency will use standard documents for pro- 16 fessional services contracts and for construction contracts as 17 adopted by the division of public works. 18 (vii) Delegation is subject to cancellation by the administrator for 19 the division of public works with the concurrence of the permanent 20 building fund advisory council. 21 SECTION 2. That Section 67-5711, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 67-5711. CONSTRUCTION, ALTERATION, EQUIPPING, FURNISHING AND REPAIR OF 24 PUBLIC BUILDINGS AND WORKS. The director of the department of administration, 25 or his designee, of the state of Idaho, is authorized and empowered, subject 26 to the approval of the permanent building fund advisory council, to provide or 27 secure all plans and specifications for, to let all contracts for, and to have 28 charge of and supervision of the construction, alteration, equipping and fur- 29 nishing, repair, maintenance other than preventive maintenance of any and all 30 buildings, improvements of public works of the state of Idaho, the cost of 31 which construction, alteration, equipping and furnishing, repair, maintenance 32 other than preventive maintenance exceeds the sum of one hundred thousand dol- 33 lars ($100,000) for labor, materials and equipment, which sum shall exclude 34 design costs, bid advertising and related bidding expenses, provided, that the 35 director or his designee, and permanent building fund advisory council shall, 36 in the letting of contracts under this section, comply with the procedure for 37 the calling of bids provided in section 67-5711C, Idaho Code; provided, how- 38 ever, that this section shall not apply to the construction, alteration, 39 equipping or furnishing or repair or maintenance other than preventive mainte- 40 nance of public buildings under the jurisdiction and control of the board of 41 regents of the university of Idaho; provided that, upon mutual written agree- 42 ment between the director of the department of administration and the college 43 or university president for a specific project, this section shall not apply 44 to the construction, alteration, equipping or furnishing or repair or mainte- 45 nance of buildings under the jurisdiction and control of the board of trustees 46 of Boise state university, Idaho state university and Lewis-Clark state col- 47 lege when such construction, alteration, equipping or furnishing or repair or 48 maintenance is funded entirely by donations, gifts, nonstate revenues received 49 by the college or university, funds received by the college or university from 50 the federal government or funds obtained by the college or university under 51 chapter 38, title 33, Idaho Code, or any combination thereof; provided fur- 52 ther, that if the director of the department of administration declines to 53 enter into such a written agreement, the college or university may request 3 1 exemption from this section from the permanent building fund advisory council, 2 which council is hereby given the authority to make the final determination as 3 to whether this section shall apply to the specific project requested to the 4 council; provided further, that projects transferred to a college or univer- 5 sity under the above conditions are subject to the advertising and bidding 6 requirements of section 67-5711C, Idaho Code, and the same permanent building 7 fund advisory council review and approval process currently required for proj- 8 ects managed by the division of public works; provided further, that in the 9 event a project is transferred to a college or university pursuant to a writ- 10 ten agreement provided for above, such college or university shall have all 11 financial responsibility, including for damages and attorney's fees, related 12 to the project, including for all costs of design and construction, all con- 13 tract related issues and any liability under the provisions of chapter 9, 14 title 6, Idaho Code; provided further, that the bidding procedures required by 15 this section and section 67-5711C, Idaho Code, shall not apply to performance 16 contracts as provided in section 67-5711D, Idaho Code; and provided further, 17 that public works for the Idaho transportation department, the department of 18 fish and game, the department of parks and recreation, the department of 19 lands, and the department of water resources and water resource board, except 20 for administrative office buildings and all associated improvements, are 21 exempt from the provisions of this section that relate to the administration 22 and review of such projects by the director of the department of administra- 23 tion or his designee and by the permanent building fund advisory council. This 24 exemption shall not relieve the Idaho transportation department, the depart- 25 ment of fish and game, the department of parks and recreation, the department 26 of lands, and the department of water resources and water resource board in 27 the letting of contracts for public works, from complying with the procedures 28 of section 67-5711C, Idaho Code, related to the advertising and bidding for 29 contracts. The permanent building fund advisory council may adopt rules con- 30 sistent with existing law, including rules for a program of inspection and 31 maintenance, to carry out the provisions of this chapter.
STATEMENT OF PURPOSE
RS 17779
This proposal allows Boise State University, Idaho State
University, and Lewis and Clark State College to opt out of
supervision of building construction by the Division of Public
Works if all funding for the project was from nonstate revenues.
Opt out may occur only with written permission of the director of
the Department of Administration or by permission from the
Permanent Building Fund Advisory Council. All liability would rest
with the college or university for any issues related to any
project not subject to the division of public works supervision.
All projects would be subject to the same Permanent Building Fund
Advisory Council review as for all projects.
FISCAL NOTE
There would be no impact to the state general fund.
Contact
Name: Bruce Newcomb, Boise State University
Phone: 426-1093
Name: Ross Borden, Boise State University
Phone: 426-4081
STATEMENT OF PURPOSE/FISCAL NOTE S 1486