H-1760

AN ACT Relating to a facility land bank; adding a new chapter to Title 79 RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that it may be desirable for the department to acquire land or real property, before legislative appropriation for specific facility projects, in order to eliminate or reduce speculation by landowners that could cause state land purchase costs to be artificially inflated and in order to ensure that state facility development occurs at the most desirable locations. The purpose of this chapter is to provide a means to facilitate such acquisitions so that costs are minimized and state facilities can be located consistent with state master plans, local land use plans, and sound growth management principles. It is not the intent of the legislature to encourage facility land bank property acquisitions solely for revenue-producing purposes.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of general administration.

(2) "State offices or other state facilities" means offices, office support facilities, or real property required for the housing of state agencies.

NEW SECTION. Sec. 3. The department, subject to the approval of the state capitol committee, may purchase or acquire real property or interests in real property at or below fair market value to be held in a facility land bank, which is hereby created within the department. Property so acquired shall be consistent with an office of financial management-approved capital plan and shall be limited to real property that is desirable for addition to the public lands of the state because of its value as a potential location for state offices or other state facilities. The department shall not exercise the right of eminent domain provided for in chapter 8.04 RCW to acquire property for the facility land bank. The department shall not acquire property to be held in the facility land bank where development of state offices or other state facilities will not occur for ten or more years, unless a longer term capital plan has been approved by the office of financial management.

NEW SECTION. Sec. 4. The department, with the approval of the state capitol committee, may:

(1) Sell property held in the facility land bank at fair market value to any state agency, including the department, after specific legislative approval has been granted to develop state offices or other state facilities on the property;

(2) Exchange property held in the facility land bank for any other public lands of equal value administered by the department or the department of natural resources, including any lands held in trust, and that has greater potential for development of state offices or other state facilities;

(3) Exchange property held in the facility land bank for property of equal or greater value that is owned publicly or privately, and that has greater potential for development of state offices or other state facilities; and

(4) Sell property held in the facility land bank in the manner provided by law for the sale of state property and use the proceeds to acquire property for the facility land bank that has greater potential for development of state offices or other state facilities.

NEW SECTION. Sec. 5. The department shall manage the property held in the facility land bank as provided in chapter 43.82 RCW. However, properties or interest in properties held in the facility land bank shall not be withdrawn, exchanged, transferred, or sold without first obtaining (1) payment of the fair market value of the property or interest therein, or property of equal value in exchange; and (2) approval of the state capitol committee.

NEW SECTION. Sec. 6. (1) There is created a state lands management fund in the custody of the state treasurer to be used solely for the following purposes: (a) Purchasing or acquiring an interest in real property under section 3 of this act; and (b) the actual transaction and closing costs necessarily incurred by the department in acquiring, exchanging, and disposing of facility land bank real property.

(2) Moneys in the state land management fund may be spent only after appropriation. Only the director of the department or the director's designee may authorize expenditures from the state lands management fund, subject to approval of the state capitol committee.

(3) All receipts from the sale of property held in the facility land bank shall be returned to the state lands management fund and may be used to acquire property under section 3 of this act.

NEW SECTION. Sec. 7. (1) There is hereby created a facility land bank technical advisory committee, consisting of one member qualified by experience and training in matters pertaining to land use planning and real estate appointed by the governor; one member qualified by experience and training in public property matters appointed by the state auditor; and one member qualified by experience and training in financial matters appointed by the state treasurer. Members shall serve at the pleasure of the appointing official.

(2) The technical advisory committee shall provide professional advice and counsel to the state capitol committee regarding facility land bank sales, purchases, and exchanges.

(3) Members of the technical advisory committee shall be appointed for five-year terms and shall serve until a successor is appointed. All terms shall expire December 31st. Vacancies shall be filled by the appointing authority. The initial term of the appointee of the governor shall expire December 31, 1994. The initial term of the appointee of the state auditor shall expire December 31, 1995. The initial term of the appointee of the state treasurer shall expire December 31, 1996.

(4) Members of the technical advisory committee shall be reimbursed for travel expenses incurred in the performance of their duties under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 8. The department shall report annually on properties acquired, exchanged, or sold from the facility land bank, and on all properties held within the facility land bank. The report shall be submitted to the fiscal committees of the legislature by September 1st each year, and shall describe activities for the previous fiscal year.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 79 RCW.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.