Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Education Committee

HB 2617

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the lease or rental of surplus property of school districts.

Sponsors: Representatives Robinson, Ortiz-Self, Sells, Macri, Valdez, Lekanoff and Senn.

Brief Summary of Bill

  • Allows school districts to lease or rent district owned surplus real property without including a provision in the lease or rental agreement to recapture the land for school purposes if the property is leased or rented for affordable housing purposes.

  • Includes a retroactive clause and applies to lease or rental agreements entered into on or after January 1, 2018.

Hearing Date: 1/21/20

Staff: Ethan Moreno (786-7386).

Background:

Surplus Real Property of School Districts.

School district boards of directors may rent, lease, or permit the occasional use of all or any portion of surplus real property owned or lawfully held by the district to any person, corporation, or government entity for profit, nonprofit, commercial, or noncommercial purposes. The leasing, renting, or use of the property must be in accordance with an adopted district policy governing the use of surplus property and may not interfere with the conduct of the district's educational program and related activities.

The lease or rental agreement of the district must include provisions that permit the recapture of the surplus property if it is needed for school purposes. This recapture requirement does not apply if the land has close proximity to an international airport and the property has been:

Surplus Public Property - Affordable Housing.

Any state agency, municipality, or political subdivision, with authority to dispose of surplus public property, may transfer, lease, or otherwise dispose of the excess real property to a public, private, or nongovernmental body for affordable housing for low-income and very low-income households and related facilities.

Summary of Bill:

School districts may lease or rent district owned surplus real property without including a provision in the lease or rental agreement to recapture the land for school purposes if the real property is leased or rented for affordable housing purposes in accordance with statutory provisions permitting the use of surplus public property for affordable housing purposes.

The modified lease and rental provisions apply to lease and rental agreements entered into on or after January 1, 2018.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.