Z-0358

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 of general administration to acquire land or real property prior to legislative appropriation for specific facility projects to eliminate or reduce speculation by landowners which would ultimately cause state land purchase costs to be artificially inflated and 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 purchases so that the costs of these real property purchases are minimized and state facilities are located consistent with state master plans, local land use plans, and sound growth management principles. Land so purchased must be held in trust until the legislature approves its use for specific projects.

NEW SECTION. Sec. 2. The department of general administration, with the approval of the state capitol committee, may purchase or receive real property or interests in real property at or below fair market value to be held in trust in a facility land bank, which is hereby created within the department. Property so purchased shall be real property which is desirable for addition to the public lands of the state because of its future value as locations for state office or other facilities.

NEW SECTION. Sec. 3. The department of general administration, with the approval of the state capitol committee, may:

(1) Sell property at fair market value to any state agency, including the department of general administration, after receiving legislative approval to construct or lease develop an office or other facility;

(2) Exchange property held in the facility land bank for any other public lands of equal value administered by the departments of general administration or natural resources, including any lands held in trust;

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

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

NEW SECTION. Sec. 4. The department of general administration shall manage the property held in the facility land bank as provided in chapter 43.82 RCW. However, these properties or interest in these properties shall not be withdrawn, exchanged, transferred, or sold without first obtaining payment of the fair market value of the property or interest therein or obtaining property of equal value in exchange and approval of the state capitol committee.

NEW SECTION. Sec. 5. (1) There is created a state lands management fund in the custody of the state treasurer to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department of general administration in managing, administering, acquiring, and disposing of facility land bank real property. Expenditures from the account shall be for no other purpose. Only the director of general administration or the director's designee may authorize expenditures from the fund, subject to approval of the state capitol committee under section 2 of this act.

(2) The legislature may authorize appropriation of funds from the state lands management fund for the purposes of this chapter. All receipts from the sale or management of property in the facility land bank above operating, management, and administrative costs shall be returned as a recovered expense to the state lands management fund and may be used to acquire property under section 2 of this act.

(3) The department of general administration shall be reimbursed for actual costs and expenses incurred in managing and administering the facility land bank program under this chapter from the state lands management fund. Reimbursement from proceeds of sales shall be limited to sales costs.

NEW SECTION. Sec. 6. (1) There is created a facility land bank technical advisory committee, consisting of three members. Membership shall consist 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 trust 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 land bank sales, purchases, and exchanges involving urban property.

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

(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. 7. Real property purchased by the department of general administration for office or other facility use shall be subject to payment of in-lieu of real property taxes for the period in which they are held in the facility land bank. Such payments are to be made from the state lands management fund. The in-lieu payment shall be equal to the property taxes which would otherwise be paid if the land remained subject to the tax. Payment shall be made at the end of the calendar year to the county in which the land is located. If a parcel is not held in the facility land bank for the entire year, the in-lieu payment shall be reduced proportionately to reflect only that period of time in which the land was held in the facility land bank. The county treasurer shall distribute the in-lieu payments proportionately in accordance with RCW 84.56.230 as though these moneys were receipts from ad valorem property taxes.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 79 RCW.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstances 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. 10. 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.