Public Facility Feasibility Reviews Program

Commerce manages the public facilities district (PFD) independent financial feasibility review program, as required by Chapter 36.100.025 RCW and Chapter 35.57.025 RCW. The requirement went into effect in 2012.

State law requirements

The Department of Commerce conducts independent financial feasibility reviews with independent contractors. The program is intended to ensure that local decision makers have access to objective and timely analysis of the financial feasibility of a project. Commerce’s role is not to approve or reject a PFD’s plan.

State law directs Commerce to make the review public upon its completion, and submit it to participating local governments, state elected officials, and the Legislature.

The law requires that an independent financial feasibility review must take place before:

• A new PFD is formed.
• A PFD issues new debt (refinancing existing debt does not require a financial feasibility review).
• The long-term lease, purchase, or development of a facility by a PFD.

According to the law, the review “must examine the potential costs to be incurred by the public facilities district and the adequacy of revenues or expected revenues to meet those costs.” This could include information from interlocal agreements between the public facilities district and other local governments, bond covenants, construction and operating contracts, business plans, and other documents.

Typically, Commerce and jurisdiction(s) negotiate a cost-recovery agreement under the Interlocal Cooperation Act (RCW 39.34). We select and contract with an independent party to perform the review. Commerce pays the reviewer directly and the jurisdiction(s) reimburse us for the review and associated costs.

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