1441-S.E

AN ACT Relating to flood damage reduction; amending RCW 86.12.200, 86.16.041, 86.16.045, 86.26.105, 86.26.010, 86.16.010, 86.16.020, 86.26.050, 86.26.007, 86.15.030, 86.15.050, 86.15.160, 58.19.055, 86.16.031, 86.12.210, 86.12.220, 86.16.160, 86.26.005, 86.26.010, 86.26.040, 86.26.060, and 86.26.100; reenacting and amending RCW 86.16.035; adding new sections to chapter 86.16 RCW; adding new sections to chapter 64.04 RCW; creating new sections; and repealing RCW 86.16.025 and 86.26.090.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the flood events of 1990 caused flood damages in excess of one hundred sixty million dollars. The legislature finds that the climate and topography of this state create conditions that lead to frequent flood events throughout the state, and that several counties in the state have experienced severe and repeated floods. The legislature further finds that the protections afforded solely by federal law are inadequate to protect lives and property within the flood-prone counties of the state. The legislature therefore declares that flood-prone counties must reduce the potential for flood damages through flood plain protections that are more stringent than federal law.

PART I

ZERO-RISE FLOODWAY

NEW SECTION. Sec. 101. A new section is added to chapter 86.16 RCW to read as follows:

(1) By July 1, 1994, the department shall prepare a model ordinance, in consultation with affected local governments, establishing a zero-rise floodway policy for all incorporated and unincorporated areas within a flood-prone county. The policy shall provide that a new development or substantial improvement to an existing structure may not increase the base flood elevation or decrease the storage volume of the flood plain within the zero-rise floodway of a flood-prone county. Where a study has determined projected flows under future developed conditions, a county, city, or town may use the projected flows as the basis for determining the zero-rise floodway.

(2) The model ordinance shall:

(a) Include provisions allowing a project applicant to meet the requirements pertaining to base flood elevations through nonstructural means including, but not limited to, the purchase of the property, purchase of flood damage waivers, and physical protection of developed property except that this protection may not adversely affect another property or degrade fish habitat;

(b) Describe structural methods for residential, commercial, and industrial buildings to meet the objectives of subsection (1) of this section, including but not limited to post and pier construction, flow-through foundations, and similar construction practices;

(c) Allow public works projects to meet the requirements of subsection (1) of this section if the project reduces the existing base flood elevation;

(d) Establish a variance procedure. In establishing the procedure, the department shall develop a methodology to compare the anticipated flood damages over the life of a project compared to the costs of meeting the requirements of this subsection;

(e) Address differences between incorporated and unincorporated areas; and

(f) Exempt nonresidential structures on farm and agricultural land as defined in RCW 84.34.020(2)(a).

NEW SECTION. Sec. 102. A new section is added to chapter 86.16 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and sections 101 and 103 of this act.

(1) "Base flood" or "one hundred year flood" means a flood having a one percent chance of being equaled or exceeded in any given year.

(2) "Department" means the department of ecology.

(3) "Federal emergency management agency floodway" means the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

(4) "Flood insurance study" means the official report provided by the federal insurance administration that includes flood profiles and the flood insurance rate map.

(5) "Flood insurance rate map" means the official map on which the federal insurance administration has delineated areas of flood hazard.

(6) "Flood plain" means any land area susceptible to being inundated by water from any inland or tidal waters creating a general and temporary condition of partial or complete inundation of normally dry land areas.

(7) "Flood-prone county" means a county, and all cities and towns within the county, having three or more federally declared flood disasters since January 1, 1979.

(8) "Substantial improvement" means any maintenance, repair, structural modification, addition, or other improvement of a structure that increases the footprint of a structure by twenty percent or more.

(9) "Zero-rise floodway" means the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow without any measurable increase in flood heights. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the flood plain. This definition is broader than that of the federal emergency management agency floodway but always includes the federal emergency management agency floodway. The boundaries of the one hundred year flood plain as shown on the most recent flood insurance rate maps shall be considered the boundaries of the zero-rise floodway unless a special study has been conducted, that study has determined a different boundary, and the county in which the study was conducted has adopted the results of the study.

NEW SECTION. Sec. 103. A new section is added to chapter 86.16 RCW to read as follows:

(1) At least three times each year, the department shall convene a meeting with flood hazard officials from the flood-prone counties and any other interested cities and counties. The purpose of the meetings shall be to discuss issues relating to the implementation of zero-rise floodway policies and other policies designed to reduce flood damages or hazards.

(2) This section shall expire on July 1, 1998.

NEW SECTION. Sec. 104. A new section is added to chapter 86.16 RCW to read as follows:

The legislative authority of a flood-prone county by ordinance may exempt the county, and the cities and towns within that county, from the requirements of RCW 86.12.200(4) and 86.16.041 (3) and (4).

Sec. 105. RCW 86.12.200 and 1991 c 322 s 3 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, the county legislative authority of any county may adopt a comprehensive flood ((~~control~~)) hazard management plan for any drainage basin that is located wholly or partially within the county.

(2) A comprehensive flood ((~~control~~)) hazard management plan shall include the following elements:

((~~(1)~~)) (a) Designation of areas that are susceptible to periodic flooding, from inundation by bodies of water or surface water runoff, or both, including the river's meander belt or floodway;

((~~(2)~~)) (b) Establishment of a comprehensive scheme of flood ((~~control~~)) hazard protection and improvements for the areas that are subject to such periodic flooding, that includes: ((~~(a)~~)) (i) Determining the need for, and desirable location of, flood ((~~control~~)) hazard reduction improvements to protect or preclude flood damage to structures, works, and improvements, based upon a ((~~cost/benefit~~)) cost-benefit ratio between the expense of providing and maintaining these improvements and the benefits arising from these improvements; ((~~(b)~~)) (ii) establishing the level of flood protection that each portion of the system of flood ((~~control~~)) hazard reduction improvements will be permitted; ((~~(c)~~)) (iii) identifying potential impacts of in-stream flood hazard reduction work on the state's in-stream resources, meander belt, or floodway and considering alternatives to in-stream flood ((~~control~~)) hazard reduction work; ((~~(d)~~)) (iv) identifying areas where flood waters could be directed during a flood to avoid damage to buildings and other structures; ((~~and (e)~~)) (v) identifying areas where a river may migrate into a new channel and considering alternatives to protect the new channel, and identifying practices that will avoid long-term accretion of sediments; and (vi) identifying sources of revenue that will be sufficient to finance the comprehensive scheme of flood ((~~control~~)) hazard protection and improvements;

((~~(3)~~)) (c) Establishing land use regulations that preclude the location of structures, works, or improvements in critical portions of such areas subject to periodic flooding, including a river's meander belt or floodway, and permitting only flood-compatible land uses in such areas;

((~~(4)~~)) (d) Establishing restrictions on construction activities in areas subject to periodic floods that require the flood proofing of those structures that are permitted to be constructed or remodeled; and

((~~(5)~~)) (e) Establishing restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas. Land clearing activities do not include forest practices as defined in chapter 76.09 RCW.

(3) A comprehensive flood ((~~control~~)) hazard management plan shall be subject to the minimum requirements for participation in the national flood insurance program((,)) and any flood plain requirements exceeding the minimum national flood insurance program ((that have been adopted by the department of ecology for a specific flood plain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to flood plain management activities)). When a county plans under chapter 36.70A RCW, it ((~~may~~)) shall incorporate the portion of its comprehensive flood ((~~control~~)) hazard management plan relating to land use restrictions in its comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW.

(4) A flood-prone county shall submit to the department of ecology a flood hazard management plan consistent with the model ordinance developed pursuant to section 101 of this act by the later of July 1, 1997, or two years after the county has been designated as a flood-prone county. A flood-prone county, and all applicants within that county, are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the county has adopted a plan meeting the requirements of this subsection.

(5) Nothing in subsection (4) of this section shall prohibit a state agency from receiving state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407.

Sec. 106. RCW 86.16.041 and 1989 c 64 s 4 are each amended to read as follows:

(1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new flood plain management ordinance or amendment to any existing flood plain management ordinance. Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period.

(2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:

(a) Restriction of land uses within designated federal emergency management agency floodways including the prohibition of construction or reconstruction of residential structures except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed ((~~fifty~~)) twenty percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Work done ((~~on structures to comply with existing health, sanitary, or safety codes or~~)) to structures identified as historic places shall not be included in the ((~~fifty~~)) twenty percent determination;

(b) The minimum requirements of the national flood insurance program; and

(c) The minimum state requirements adopted pursuant to ((~~RCW 86.16.031(8)~~)) this chapter that are applicable to the particular county, city, or town.

(3) Unless the legislative authority of a flood-prone county has adopted an ordinance pursuant to section 104 of this act, the county legislative authority of each flood-prone county shall submit an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act, by the later of July 1, 1995, or within two years of becoming a flood-prone county. A flood-prone county and all applicants within the county are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the county has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act.

(4) Except as provided in subsection (5) of this section, a city or town within a flood-prone county, and all the applicants within that city or town, are eligible for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, only if the city or town has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act within one year

of the adoption of the county flood hazard management plan.

(5) If prior to July 1, 1994, a county has adopted a plan consistent with the model ordinance developed pursuant to section 101 of this act, a city or town may satisfy the requirements of subsection (4) of this section prior to July 1, 1995, by:

(a) Entering into an interlocal agreement with the county to ensure that development regulations for structures with a footprint of ten thousand square feet or more are consistent with an approved county flood hazard management plan; or

(b) Adopting an ordinance consistent with a county flood hazard management plan. An ordinance shall be deemed consistent if approved by the department.

(6) Nothing in subsection (4) of this section shall prohibit a state agency from receiving state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407.

Sec. 107. RCW 86.16.045 and 1989 c 64 s 6 are each amended to read as follows:

A county, city, or town may adopt flood plain management ordinances or requirements that exceed state requirements or the minimum federal requirements of the national flood insurance program ((~~without following the procedures provided in RCW 86.16.031(8)~~)).

Sec. 108. RCW 86.26.105 and 1986 c 46 s 5 are each amended to read as follows:

((A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway.)) A comprehensive flood ((~~control~~)) hazard management plan shall be completed and adopted ((~~within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050~~)) by July 1, 1997.

If after this ((~~three-year period~~)) date has elapsed such a comprehensive flood ((~~control~~)) hazard management plan has not been completed and adopted, grants for flood management planning or flood ((~~control maintenance~~)) hazard reduction projects shall not be made to the county or municipal corporations in the county until a comprehensive flood ((~~control~~)) hazard management plan is completed and adopted by the appropriate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060.

Sec. 109. RCW 86.26.010 and 1984 c 212 s 2 are each amended to read as follows:

The department of ecology shall have charge for the state of the administration and enforcement of all laws relating to flood ((~~control~~)) hazard management and shall adopt rules as necessary to implement the provisions of this chapter.

Sec. 110. RCW 86.16.010 and 1987 c 523 s 1 are each amended to read as follows:

The legislature finds that the alleviation of recurring flood damages to public and private property and to the public health and safety is a matter of public concern. ((As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police powers, hereby assumes full regulatory control over the navigable and nonnavigable waters flowing or lying within the borders of the state subject always to the federal control of navigation, to the extent necessary to accomplish the objects of this chapter. In addition,)) In an effort to alleviate flood damage and expenditures of government funds, the federal government adopted the national flood insurance act of 1968 and subsequently the flood disaster protection act of 1973. The department of ecology is the state agency in Washington responsible for coordinating the flood plain management regulation elements aspects of the national flood insurance program and other state flood plain requirements.

Sec. 111. RCW 86.16.020 and 1989 c 64 s 1 are each amended to read as follows:

State-wide flood plain management regulation shall be exercised through: (1) Local governments' administration of the national flood insurance program regulation requirements, (2) the establishment of minimum state requirements for flood plain management that ((~~equal~~)) include the minimum federal requirements for the national flood insurance program, and (3) the issuance of regulatory orders. This regulation shall be exercised over the planning, construction, operation and maintenance of any works, structures and improvements, private or public, which might, if improperly planned, constructed, operated and maintained, adversely influence the regimen of a stream or body of water or might adversely affect the security of life, health and property against damage by flood water.

NEW SECTION. Sec. 112. The following acts or parts of acts are each repealed:

(1) RCW 86.16.025 and 1989 c 64 s 2, 1987 c 109 s 50, 1939 c 85 s 1, & 1935 c 159 s 6; and

(2) RCW 86.26.090 and 1991 c 322 s 7, 1984 c 212 s 7, & 1951 c 240 s 11.

PART II

FUNDING

Sec. 201. RCW 86.26.050 and 1991 c 322 s 6 are each amended to read as follows:

(1) State participation shall be in such preparation of comprehensive flood ((~~control~~)) hazard management plans under this chapter and chapter 86.12 RCW, cost sharing feasibility studies for new flood ((~~control~~)) hazard reduction projects, ((~~projects pursuant to section 33, chapter 322, Laws of 1991,~~)) and flood ((~~control maintenance~~)) hazard reduction projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.

(2) No participation for flood ((~~control maintenance~~)) hazard reduction projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood plain management activities of the county, city, or town having planning jurisdiction over the area where the flood ((~~control maintenance~~)) hazard reduction project will be, on the one hundred year flood plain surrounding such area.

The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses. Whenever the department has approved county, city, and town flood plain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the flood plain management activities must be approved by the department of ecology, in consultation with the department of fisheries and the department of wildlife.

(3) No participation with a county or other municipal corporation for flood ((~~control maintenance~~)) hazard reduction projects may occur unless the county engineer of the county within which the flood ((~~control maintenance~~)) hazard reduction project is located certifies that a comprehensive flood ((~~control~~)) hazard management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.

((~~(3)~~)) (4) No participation with a county or other municipal corporation may occur for the construction or reparation of a dike or levee unless the design of the dike or levee is approved by the department of ecology. In approving dike and levee designs, the department of ecology shall give strong preference to dikes and levees that provide public access and that allow flood waters to safely overtop the crown of the dike or levee.

(5) No participation with a county or other municipal corporation may occur for dredging projects unless the county or municipal corporation agrees to monitor sediment accumulation for a period of not less than five years after completion of the dredging project.

(6) No participation with a flood-prone county may occur after July 1, 1995, unless the county has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act.

(7) No participation with a city, town, or other municipal corporation within a flood-prone county may occur after July 1, 1998, unless the city, town, or municipal corporation has adopted an ordinance no less stringent than the model ordinance developed pursuant to section 101 of this act.

(8) Participation for flood ((~~control maintenance~~)) hazard reduction projects and preparation of comprehensive flood ((~~control~~)) hazard management plans shall be made from grants made by the department of ecology from the flood ((~~control~~)) hazard reduction assistance account. Comprehensive flood ((~~control~~)) hazard management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with affected Indian tribes, the department of transportation, the department of fisheries, and the department of wildlife. The department may only grant financial assistance to local governments that, in the opinion of the department, are making good faith efforts to ((~~take advantage of, or~~)) comply with((,)) federal and state flood ((~~control~~)) hazard reduction programs.

(9) For purposes of this section, "dredging" means the removal of accumulated sediments from a river or stream channel from below the water surface.

(10) For purposes of this section, "flood hazard reduction project" means any structural or nonstructural project consistent with a county comprehensive flood hazard management plan.

Sec. 202. RCW 86.26.007 and 1991 sp.s. c 13 s 24 are each amended to read as follows:

The flood ((~~control~~)) hazard reduction assistance account is hereby established in the state treasury. At the beginning of each biennium the state treasurer shall transfer from the general fund to the flood ((~~control~~)) hazard reduction assistance account an amount of money which, when combined with money remaining in the account from the previous biennium, will equal four million dollars. Moneys in the flood ((~~control~~)) hazard assistance account may be spent only after appropriation for purposes specified under this chapter.

Sec. 203. RCW 86.15.030 and 1969 ex.s. c 195 s 2 are each amended to read as follows:

Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7).

At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a county-wide flood control zone district authorized to be created by RCW 86.15.025.

Within ((~~ten~~)) thirty days after final hearing on a resolution, the board shall issue its ((~~order~~)) ordinance creating the flood control zone district.

Sec. 204. RCW 86.15.050 and 1961 c 153 s 5 are each amended to read as follows:

The board ((~~of county commissioners of each county~~)) shall be ex officio, by virtue of their office, supervisors of the zones created in each county. The supervisors of the district shall conduct the business of the flood control zone district according to the regular rules and procedures that it adopts.

Sec. 205. RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:

For the purposes of this chapter the supervisors may authorize:

(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;

(2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;

(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies under chapter 39.67 RCW;

(4) A charge, under RCW 36.89.080 through 36.89.100, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities ((~~and~~)) or who are contributing to an increase in surface water runoff. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

(5) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.

PART III

FLOOD HAZARD INFORMATION

Sec. 301. RCW 58.19.055 and 1992 c 191 s 5 are each amended to read as follows:

(1) A public offering statement shall contain the following information:

(a) The name, and the address or approximate location, of the development;

(b) The name and address of the developer;

(d) The relationship of the management company to the developer, if any;

(e) The nature of the interest being offered for sale;

(f) A brief description of the permitted uses and use restrictions pertaining to the development and the purchaser's interest therein;

(g) The number of existing lots, parcels, units, or interests in the development and either the maximum number that may be added to the development or the fact that such maximum number has not yet been determined;

(h) A list of the principal common amenities in the development which materially affect the value of the development and those that will or may be added to the development;

(i) The identification of any real property not in the development, the owner of which has access to any of the development, and a description of the terms of such access;

(j) The identification of any real property not in the development to which owners in the development have access and a description of the terms of such access;

(k) The status of construction of improvements in the development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated costs, if any, to be paid by the purchaser;

(l) The estimated current owners' association expense, if any, for which a purchaser would be liable;

(m) An estimate of any payment with respect to any owners' association expense for which the purchaser would be liable at closing;

(n) The estimated current amount and purpose of any fees not included in any owners' association assessments and charged by the developer or any owners' association for the use of any of the development or improvements thereto;

(o) Any assessments which have been agreed to or are known to the developer and which, if not paid, may constitute a lien against any portion of the development in favor of any governmental agency;

(p) The identification of any parts of the development which any purchaser will have the responsibility for maintaining;

(q) A brief description of any blanket encumbrance which is subject to the provisions of RCW 58.19.180;

(r) A list of any physical hazards known to the developer which particularly affect the development or the immediate vicinity in which the development is located and which are not readily ascertainable by the purchaser;

(s) A brief description of any construction warranties to be provided to the purchaser;

(t) Any building code violation citations received by the developer in connection with the development which have not been corrected;

(u) A statement of any unsatisfied judgments or pending suits against any owners' association involved in the development and a statement of the status of any pending suits material to the development of which the developer has actual knowledge;

(v) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 58.19.045(3), including applicable time frames and procedures;

(w) A list of the documents which the prospective purchaser is entitled to receive from the developer before the rescission period commences;

(x) A notice which states:

"A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or by any person identified in the public offering statement as the declarant's agent";

(y) A notice which states:

"This public offering statement is only a summary of some of the significant aspects of purchasing an interest in this development and any documents which may govern or affect the development may be complex, may contain other important information, and create binding legal obligations. You should consider seeking assistance of legal counsel"; and

(z) Any other information and cross-references which the developer believes will be helpful in describing the development to the recipients of the public offering statement, all of which may be included or not included at the option of the developer.

(2) The public offering statement shall include copies of each of the following documents: Any declaration of covenants, conditions, restrictions, and reservations affecting the development; any survey, plat, or subdivision map; the articles of incorporation of any owners' association; the bylaws of any owners' association; the rules and regulations, if any, of any owners' association; current or proposed budget for any owners' association; and the balance sheet of any owners' association current within ninety days if assessments have been collected for ninety days or more.

If any of the foregoing documents listed in this subsection are not available because they have not yet been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of an interest in the development, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.

(3) The disclosures required by subsection (1)(v), (x), and (y) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point bold face type size.

(4) The disclosures required by subsection (1)(r) of this section shall be listed on a separate page from the other disclosures required by this section and shall be printed or typed in ten-point type. If the development or any portion of the development described in the public offering statement is located within the area mapped as the one hundred year flood plain as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, this shall be listed as a physical hazard under subsection (1)(r) of this section.

NEW SECTION. Sec. 302. A new section is added to chapter 64.04 RCW to read as follows:

The seller of real property located in an area mapped in the one hundred year flood plain, as shown on the most recent flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, shall inform the buyer that the property is located in the one hundred year flood plain and may be subject to land use restrictions. The seller shall inform the buyer in the first written document constituting an agreement of sale. Proof of notification prior to closing is the responsibility of the seller.

NEW SECTION. Sec. 303. A new section is added to chapter 64.04 RCW to read as follows:

The location of real property within the area mapped as the one hundred year flood plain, as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, is declared to be a hidden defect in the real property that shall be disclosed by the seller of the real property or an ownership interest in the real property.

Sec. 304. RCW 86.16.031 and 1989 c 64 s 3 are each amended to read as follows:

The department of ecology shall:

(1) Review and approve county, city, or town flood plain management ordinances pursuant to RCW 86.16.041;

(2) When requested, provide guidance and assistance to local governments in development and amendment of their flood plain management ordinances;

(3) Provide technical assistance to local governments in the administration of their flood plain management ordinances;

(4) Provide local governments and the general public with information related to the national flood insurance program;

(5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the flood plain that are not in compliance with local, state, or federal flood plain management requirements;

(6) Establish state minimum requirements that ((~~equal minimum~~)) include federal requirements for the national flood insurance program;

(7) Assist counties, cities, and towns in identifying the location of the one hundred year flood plain, and petitioning the federal government to alter its designations of where the one hundred year flood plain is located if the federally recognized location of the one hundred year flood plain is found to be inaccurate; and

(8) ((~~Establish minimum state requirements for specific flood plains that exceed the minimum federal requirements for the national flood insurance program, but only if:~~

~~(a) The location of the one hundred year flood plain has been reexamined and is certified by the department as being accurate;~~

~~(b) negotiations have been held with the affected county, city, or town over these regulations;~~

~~(c) public input from the affected community has been obtained; and~~

~~(d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety~~)) File copies of the flood insurance rate maps, provided by the federal emergency management agency for the national flood insurance program, with the county auditor in each county in which property shown on the maps is located. The department shall, on an annual basis, file revised maps with each county auditor in counties for which the maps are revised.

PART IV

TECHNICAL AMENDMENTS

Sec. 401. RCW 86.16.035 and 1987 c 523 s 9 and 1987 c 109 s 53 are each reenacted and amended to read as follows:

The department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which ((~~he deems~~)) is deemed necessary for the protection to life and property below such works from flood waters.

Sec. 402. RCW 86.12.210 and 1991 c 322 s 4 are each amended to read as follows:

A comprehensive flood ((~~control~~)) hazard management plan that includes an area within which a city or town, or a special district subject to chapter 85.38 RCW, is located shall be developed by the county with the full participation of officials from the city, town, or special district, including conservation districts, and appropriate state and federal agencies. Where a comprehensive flood ((~~control~~)) hazard management plan is being prepared for a river basin that is part of the common boundary between two counties, the county legislative authority of the county preparing the plan may allow participation by officials of the adjacently located county.

Following adoption by the county, city, or town, a comprehensive flood ((~~control~~)) hazard management plan shall be binding on each jurisdiction and special district that is located within an area included in the plan. If within one hundred twenty days of the county's adoption, a city or town does not adopt the comprehensive flood ((~~control~~)) hazard management plan, the city or county shall request arbitration on the issue or issues in dispute. If parties cannot agree to the selection of an arbitrator, the arbitrator shall be selected according to the process described in RCW 7.04.050. The cost of the arbitrator shall be shared equally by the participating parties and the arbitrator's decision shall be binding. Any land use regulations and restrictions on construction activities contained in a comprehensive flood ((~~control~~)) hazard management plan applicable to a city or town shall be minimum standards that the city or town may exceed. A city or town undertaking flood or storm water control activities consistent with the comprehensive flood ((~~control~~)) hazard management plan shall retain authority over such activities.

Sec. 403. RCW 86.12.220 and 1991 c 322 s 5 are each amended to read as follows:

A county may create one or more advisory committees to assist in the development of proposed comprehensive flood ((~~control~~)) hazard management plans and to provide general advice on flood problems. The advisory committees may include city and town officials, officials of special districts subject to chapter 85.38 RCW, conservation districts, appropriate state and federal officials, and officials of other counties and other interested persons.

Sec. 404. RCW 86.16.160 and 1973 c 75 s 2 are each amended to read as follows:

Nothing in this chapter shall prevent any county, city or town from establishing, pursuant to any authority otherwise available to them, flood ((~~control~~)) management regulation programs and related land use control measures in areas which are subject to flooding or flood damages.

Sec. 405. RCW 86.26.005 and 1951 c 240 s 2 are each amended to read as follows:

It is the purpose of the state in the exercise of its sovereign and police powers and in the interest of public welfare, to establish a state and local participating flood ((~~control maintenance~~)) hazard reduction policy.

Sec. 406. RCW 86.26.010 and 1984 c 212 s 2 are each amended to read as follows:

The department of ecology shall have charge for the state of the administration and enforcement of all laws relating to flood ((~~control~~)) management.

Sec. 407. RCW 86.26.040 and 1988 c 36 s 63 are each amended to read as follows:

Whenever state grants under this chapter are used in a flood ((~~control maintenance~~)) hazard reduction project, the engineer of the county within which the project is located shall approve all plans for the specific project and shall supervise the work. The approval of such plans, construction and expenditures by the department of ecology, in consultation with the department of fisheries and the department of wildlife, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specific project.

Additionally, state grants may be made to counties for preparation of a comprehensive flood control management plan required to be prepared under RCW 86.26.050.

Sec. 408. RCW 86.26.060 and 1984 c 212 s 5 are each amended to read as follows:

Grants for flood ((~~control maintenance~~)) hazard reduction projects shall be so employed that as far as possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with funds provided by local authority, if any, under reasonable exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state.

Sec. 409. RCW 86.26.100 and 1991 c 322 s 8 are each amended to read as follows:

State participation in the cost of any flood ((~~control maintenance~~)) hazard reduction project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state. In no instance, except on emergency projects, shall the state's share exceed one-half the cost of the project, to include project planning and design. Grants for cost sharing feasibility studies for new flood control projects shall not exceed fifty percent of the matching funds that are required by the federal government, and shall not exceed twenty-five percent of the total costs of the feasibility study. However, grants to prepare a comprehensive flood control management plan required under RCW 86.26.050 shall not exceed seventy-five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and regulation by the department of ecology.

PART V

MISCELLANEOUS

NEW SECTION. Sec. 501. Part headings as used in this act constitute no part of the law.