AN ACT Relating to the preservation of endangered landmarks; and adding a new chapter to Title 27 RCW.

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

NEW SECTION. Sec. 1. This chapter shall be known as the endangered landmarks preservation act.

NEW SECTION. Sec. 2. The legislature finds and declares that it is in the public interest of the people of the state of Washington to counteract the steady loss of historic properties and to retain such properties as economic assets and visual reminders of our heritage during the centennial year of 1989 and beyond.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Fund" means the endangered landmarks preservation fund in the custody of the state treasurer.

(2) "Trustees" means the board of trustees of the endangered landmarks preservation fund.

(3) "Office" means the office of archaeology and historic preservation.

(4) "Person" means any individual, partnership, professional service corporation, corporation, joint stock association, joint venture, or any other entity authorized to do business in the state.

(5) "Stabilization" means the minimum degree of rehabilitation necessary to protect a property from further deterioration.

(6) "Certified local government" means a local government that has been certified to carry out the purposes of the national historic preservation act, as amended, in accordance with section 101(c) of that act.

(7) "State register of historic places" means the state list of districts, sites, buildings, structures, and objects significant in American or Washington state history, architecture, archaeology, and culture maintained by the state preservation officer under RCW 27.34.220.

(8) "National register of historical places" means the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture maintained by the secretary of the interior under authority of section 101(a)(1)(A) of the national historic preservation act, as amended.

NEW SECTION. Sec. 4. The purpose of this chapter is to establish an endangered landmarks preservation fund administered by the office of archaeology and historic preservation.

The trustees shall consist of nine members, who are knowledgeable about finance, real estate, architecture, and historic preservation, appointed by the governor.

The trustees shall serve three-year terms except initial members whose terms shall be as follows: Three members appointed for three years, three members appointed for two years, and three members appointed for one year. Any vacancies shall be filled by appointment by the governor for the balance of the unexpired term.

All trustees shall serve without compensation but shall be reimbursed for travel expenses incurred in the performance of the duties of the trustees in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. The initial meeting of the trustees shall occur within forty-five days of the effective date of an appropriation or donation providing for the staffing and operation of the fund and thereafter the trustees shall meet at least monthly, unless the chairperson certifies that there is no business to conduct.

The governor shall appoint a chairperson from among the trustees. The chairperson shall serve at the pleasure of the governor.

The trustees shall adopt such rules, consistent with chapter 43.04 RCW, as may be deemed necessary for carrying out the powers, duties, and functions imposed upon it by this chapter.

A majority of the trustees constitutes a quorum.

NEW SECTION. Sec. 6. (1) The trustees shall protect endangered historic properties by:

(a) Purchase, exchange, or acceptance of donation of real property interests, including fee simple interests, contracts to purchase, options to purchase, easements, leaseholds, and air rights;

(b) Stabilization of property in which the trustees have an interest;

(d) Attachment of protective covenants to the deeds of property sold by the fund; and

(e) Such other actions, excluding use of condemnation, as become necessary for the implementation of this chapter.

(2) The trustees shall determine in each particular case:

(a) Which properties to acquire interest in and the nature of those interests;

(b) The method and degree of stabilization and protection of acquired interests;

(d) The terms of protective covenants attached to the deeds of properties sold.

(3) The trustees may enter into agreements with private and governmental entities to coordinate activities and projects consistent with the purposes of this chapter.

(4) The trustees shall be governed by chapter 42.18 RCW, the executive conflict of interest act.

NEW SECTION. Sec. 7. (1) The following criteria shall be used by the trustees as a basis for selecting properties to protect through acquisition of interests:

(a) Historic or architectural significance as determined by listing in or eligibility for the state or national registers of historic places or designation by a certified local government;

(b) Endangerment through threat of immediate destruction impending demolition, abandonment, gross neglect, or other similar cause;

(d) Feasibility for resale.

(2) In selecting properties to protect by acquisition of interest, the trustees shall consider distributing their activities throughout the state to a number of projects and coordinating with local officials and interested organizations.

NEW SECTION. Sec. 8. No person shall participate in both the sale of property to and the purchase of the same property from the trustees.

NEW SECTION. Sec. 9. Protective covenants developed by the trustees shall protect the features that contribute to the historical and architectural significance of the property sold by the trustees and shall run in perpetuity. Any necessary rehabilitation and maintenance required by covenant shall adhere to the standards of the state advisory council on historic preservation for the rehabilitation and maintenance of historic properties.

NEW SECTION. Sec. 10. The endangered landmarks preservation fund is created in the custody of the state treasurer.

All proceeds from the sale of property acquired by the fund shall be deposited in the fund. Interest on money in the fund shall accrue to the fund.

The trustees may accept any gifts, grants, contributions, devises, bequests, or any other lawful transfer consistent with the purposes of this chapter. No covenant or restriction shall be accepted that imposes upon the state or the trustees any obligation to maintain, repair, hold, or restrict the sale or use of any property in any manner inconsistent with the purposes of this chapter.

The assets of the fund shall not be used for administrative costs associated with conducting the activities of the trustees or the office of archaeology and historic preservation.

All moneys shall be paid from the fund by check or voucher in the form and manner as shall be prescribed by the trustees with the approval of the state treasurer.

The trustees may incur debts or obligations not to exceed the value of the assets of the fund.

RCW 43.88.190 is not applicable to the fund nor to any moneys received or collected by the trustees from property financed by the fund.

NEW SECTION. Sec. 11. The office of archaeology and historic preservation shall provide administrative and financial services to the trustees as specifically provided by appropriation.

NEW SECTION. Sec. 12. If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 13. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 14. Sections 1 through 13 of this act shall constitute a new chapter in Title 27 RCW.