AN ACT Relating to publicly owned lands and buildings;
amending RCW 43.63A.510, 36.34.135, and 47.12.063; adding a new section to
chapter 28A.335 RCW; adding a new section to chapter 35.21 RCW; adding a new
section to chapter 36.34 RCW; adding a new section to chapter 43.19 RCW; adding
a new section to chapter 43.20A RCW; adding a new section to chapter 43.30 RCW;
adding a new section to chapter 47.12 RCW; adding a new section to chapter
72.09 RCW; and creating new sections.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
(1) The legislature finds that:
(a) The lack of affordable housing for very
low-income, low-income, or moderate-income households and special needs
populations is intensified by the rising cost of land and construction; and
(b) There are publicly owned land and buildings
which may be suitable to be marketed, sold, leased, or exchanged for the
development of affordable housing.
(2) The legislature declares that the purpose
of this act is to:
(a) Provide for an analysis of the inventory of
state-owned lands and buildings prepared by the departments of natural
resources, transportation, corrections, and general administration;
(b) Identify other publicly owned land and
buildings that may be suitable for the development of affordable housing for
very-low income, low-income, or moderate-income households and special needs
populations;
(c) Provide a central location of inventories
of state and publicly owned land and buildings that may be suitable to be
marketed, sold, leased, or exchanged for the development of affordable housing;
and
(d) Encourage an effective use of publicly
owned surplus and underutilized land and buildings suitable for the development
of affordable housing for very low-income, low-income, or moderate-income
households and special needs populations.
Sec. 2.
RCW 43.63A.510 and 1990 c 253 s 6 are each amended to read as follows:
(1) The department shall work with the
departments of natural resources, transportation, social and health
services, corrections, and general administration to identify and catalog
under-utilized, state-owned land and property ((for possible lease)) suitable
for the development of affordable housing for very low-income, low-income or
moderate-income households. The departments of natural resources,
transportation, social and health services, corrections, and general
administration shall provide an inventory of real property that is owned or
administered by each agency and is available for lease or sale. The
inventories shall be provided to the department by November 1, ((1990)) 1993,
with inventory revisions provided each November 1 thereafter. ((The
department shall assist local governments, public housing authorities, public
nonprofit organizations, and private nonprofit organizations in obtaining
long-term leases of suitable and available sites. The leases shall be for the
purpose of providing sites to be used for affordable housing for farmworkers.))
(2) Upon written request, the department
shall provide a copy of the inventory of state-owned and publicly owned lands
and buildings to parties interested in developing the sites for affordable
housing.
(3) As used in this section:
(a) "Affordable housing" means
residential housing that is rented or owned by a person who qualifies as a very
low-income, low-income, or moderate-income household or who is from a special
needs population, and whose monthly housing costs, including utilities other
than telephone, do not exceed thirty percent of the household's monthly income.
(b) "Very low-income household"
means a single person, family, or unrelated persons living together whose
income is at or below fifty percent of the median income, adjusted for
household size, for the county where the affordable housing is located.
(c) "Low-income household" means a
single person, family, or unrelated persons living together whose income is
more than fifty percent but is at or below eighty percent of the median income
where the affordable housing is located.
(d) "Moderate-income household"
means a single person, family, or unrelated persons living together whose
income is more than eighty percent but is at or below one hundred fifteen
percent of the median income where the affordable housing is located.
NEW SECTION. Sec. 3. A
new section is added to chapter 28A.335 RCW to read as follows:
(1) Every school district shall identify and
catalog real property of the district that is no longer required for school
purposes and is suitable for the development of affordable housing for very
low-income, low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory shall include the location, approximate size, and
current zoning classification of the property. Every school district shall
provide a copy of the inventory to the department of community development by
November 1, 1993, with inventory revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, every school district shall purge the inventory of real property of sites
that are no longer available for the development of affordable housing. The
inventory revision shall include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
NEW SECTION. Sec. 4. A
new section is added to chapter 35.21 RCW to read as follows:
(1) Every city and town, including every code
city operating under Title 35A RCW, shall identify and catalog real property
owned by the city or town that is no longer required for its purposes and is
suitable for the development of affordable housing for very low-income,
low-income, and moderate-income households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and current zoning
classification of the property. Every city and town shall provide a copy of
the inventory to the department of community development by November 1, 1993,
with inventory revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, every city and town, including every code city operating under Title 35A
RCW, shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The inventory revision
shall also contain a list of real property that has become available since the
last update. As used in this section, "real property" means
buildings, land, or buildings and land.
NEW SECTION. Sec. 5. A
new section is added to chapter 36.34 RCW to read as follows:
(1) Every county shall identify and catalog
real property owned by the county that is no longer required for its purposes
and is suitable for the development of affordable housing for very low-income,
low-income, and moderate-income households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and current zoning
classification of the property. Every county shall provide a copy of the
inventory to the department of community development by November 1, 1993, with inventory
revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, every county shall purge the inventory of real property of sites that are
no longer available for the development of affordable housing. The inventory
revision shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 6.
RCW 36.34.135 and 1990 c 253 s 7 are each amended to read as follows:
If a county owns property that is located
anywhere within the county, including within the limits of a city or town, and
that is suitable for ((seasonal or migrant farmworker)) affordable
housing, the legislative authority of the county may, by negotiation, lease the
property for ((seasonal or migrant farmworker)) affordable
housing for a term not to exceed seventy-five years to any public housing
authority or nonprofit organization that has demonstrated its ability to
construct or operate housing for ((seasonal or migrant farmworkers)) very
low-income, low-income, or moderate-income households as defined in RCW
43.63A.510 and special needs populations. Leases for housing for ((migrant
and seasonal farmworkers)) very low-income, low-income, or
moderate-income households and special needs populations shall not be
subject to any requirement of periodic rental adjustments, as provided in RCW
36.34.180, but shall provide for such fixed annual rents as appear reasonable
considering the public, social, and health benefits to be derived by providing
an adequate supply of safe and sanitary housing for ((migrant and seasonal
farmworkers)) very low-income, low-income, or moderate-income households
and special needs populations.
NEW SECTION. Sec. 7. A
new section is added to chapter 43.19 RCW to read as follows:
(1) The department of general administration
shall identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable housing
for very low-income, low-income, and moderate-income households as defined in
RCW 43.63A.510. The inventory shall include the location, approximate size,
and current zoning classification of the property. The department of general
administration shall provide a copy of the inventory to the department of
community development by November 1, 1993, and every November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, the department of general administration shall purge the inventory of
real property of sites that are no longer available for the development of
affordable housing. The department shall include an updated listing of real
property that has become available since the last update. As used in this
section, "real property" means buildings, land, or buildings and
land.
NEW SECTION. Sec. 8. A
new section is added to chapter 43.20A RCW to read as follows:
(1) The department shall identify and catalog
real property that is no longer required for department purposes and is
suitable for the development of affordable housing for very low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory shall include
the location, approximate size, and current zoning classification of the
property. The department shall provide a copy of the inventory to the
department of community development by November 1, 1993, and every November 1
thereafter.
(2) By November 1 of each year, beginning in
1994, the department shall purge the inventory of real property of sites that
are no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has become available
since the last update. As used in this section, "real property"
means buildings, land, or buildings and land.
NEW SECTION. Sec. 9. A
new section is added to chapter 43.30 RCW to read as follows:
(1) The department shall identify and catalog
real property that is no longer required for department purposes and is
suitable for the development of affordable housing for very low-income,
low-income, and moderate-income households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and current zoning
classification of the property. The department shall provide a copy of the
inventory to the department of community development by November 1, 1993, and
every November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, the department shall purge the inventory of real property of sites that
are no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
NEW SECTION. Sec. 10. A
new section is added to chapter 47.12 RCW to read as follows:
(1) The department shall identify and catalog
real property that is no longer required for department purposes and is
suitable for the development of affordable housing for very low-income,
low-income, and moderate-income households as defined in RCW 43.63A.510. The
inventory shall include the location, approximate size, and current zoning
classification of the property. The department shall provide a copy of the
inventory to the department of community development by November 1, 1993, and
every November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, the department shall purge the inventory of real property of sites that
are no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 11.
RCW 47.12.063 and 1988 c 135 s 1 are each amended to read as follows:
(1) It is the intent of the legislature to
continue the department's policy giving priority consideration to abutting
property owners in agricultural areas when disposing of property through its
surplus property program under this section.
(2) Whenever the department determines that any
real property owned by the state of Washington and under the jurisdiction of
the department is no longer required for transportation purposes and that it is
in the public interest to do so, the department may sell the property or
exchange it in full or part consideration for land or improvements or for
construction of improvements at fair market value to any of the following
governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is
situated;
(c) Any other municipal corporation;
(d) The former owner of the property from whom
the state acquired title;
(e) In the case of residentially improved
property, a tenant of the department who has resided thereon for not less than
six months and who is not delinquent in paying rent to the state;
(f) Any abutting private owner but only after
each other abutting private owner (if any), as shown in the records of the
county assessor, is notified in writing of the proposed sale. If more than one
abutting private owner requests in writing the right to purchase the property
within fifteen days after receiving notice of the proposed sale, the property
shall be sold at public auction in the manner provided in RCW 47.12.283;
(g) To any person through the solicitation of
written bids through public advertising in the manner prescribed by RCW
47.28.050; ((or))
(h) To any other owner of real property
required for transportation purposes; or
(i) In the case of property suitable for
residential use, any nonprofit organization dedicated to providing affordable
housing to very low-income, low-income, and moderate-income households as
defined in RCW 43.63A.510 and is eligible to receive assistance through the
Washington housing trust fund created in chapter 43.185 RCW.
(3) Sales to purchasers may at the department's
option be for cash, by real estate contract, or exchange of land or
improvements. Transactions involving the construction of improvements must be
conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable, and
must comply with all other applicable laws and rules.
(4) Conveyances made pursuant to this section
shall be by deed executed by the secretary of transportation and shall be duly
acknowledged.
(5) All moneys received pursuant to the
provisions of this section less any real estate broker commissions paid
pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
NEW SECTION. Sec. 12. A
new section is added to chapter 72.09 RCW to read as follows:
(1) The department shall identify and catalog
real property that is no longer required for department purposes and is
suitable for the development of affordable housing for very low-income,
low-income, and moderate-income households as defined RCW 43.63A.510. The
inventory shall include the location, approximate size, and current zoning
classification of the property. The department shall provide a copy of the
inventory to the department of community development by November 1, 1993, and
every November 1 thereafter.
(2) By November 1 of each year, beginning in
1994, the department shall purge the inventory of real property of sites that
are no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has become
available since the least update. As used in this section, "real
property" means buildings, land, or buildings and land.
NEW SECTION. Sec. 13. If
specific funding for the purposes of section 9 of this act, referencing section
9 of this act by bill and section number, is not provided by June 30, 1993, in
the omnibus appropriations act, section 9 of this act is null and void.
