HOUSE BILL REPORT

HB 1412

BYRepresentatives Patrick and May

Providing for disclosure of flood plain information.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Ferguson, Jesernig, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Karl Herzog (786-7271)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS

FEBRUARY 4, 1988

BACKGROUND:

Floodplain lands require special precautions to limit potential damage to structures, property, and public health.  Current state law restricts most construction on designated floodways and delegates power to local governments to 1)develop and implement local floodplain management ordinances and 2) administer national flood insurance regulation.

A report prepared for the Department of Ecology indicates that over ten states have instituted measures to inform renters, owners and/or potential owners concerning the special risks and land uses associated with floodplain lands. The report states that disclosure requirements can be a successful approach to notifying prospective real estate purchasers about floodplain lands.

SUMMARY:

SUBSTITUTE BILL: Real estate brokers and salespersons must provide information to persons purchasing property within special flood hazard areas.  The information must include: 1) notice that the property is within a special flood hazard area; 2) notice of local floodplain management ordinances; and 3) information about the history of flooding on the property, if available. Disclosure must take place prior to or concurrent with the first offer for the purchase of real property.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Language is incorporated that defines when floodplain information must be disclosed.  Sections were deleted requiring disclosure of information on the probability of future flooding and requiring the Department of Ecology to adopt statewide standards and guidelines for stormwater runoff facilities.

Fiscal Note:      Requested January 21, 1988.

House Committee ‑ Testified For:    Representative Patrick; Jerry Louthain, Department of Ecology, Flood Plain Manager.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Potential buyers deserve to know if they are purchasing property in a flood hazard area.  This bill represents a fair and reasonable approach.  The bill compensates for deficiencies in federal law and the required information is readily available.

House Committee - Testimony Against:      None Presented.