BP BHEAD INT H

AN ACT Relating to open space protection; amending RCW 84.34.210, 84.34.220, 36.96.010, and 84.52.052; and adding a new chapter to Title 36 RCW.

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

Sec. 1. RCW 84.34.210 and 1993 c 248 s 1 are each amended to read as follows:

Any county, city, town, metropolitan park district, open space protection district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise, except by eminent domain, the fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve, selected open space land, farm and agricultural land, and timber land as such are defined in chapter 84.34 RCW for public use or enjoyment. Among interests that may be so acquired are mineral rights. Any county, city, town, metropolitan park district, open space protection district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may acquire such property for the purpose of conveying or leasing the property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of this 1971 amendatory act.

Sec. 2. RCW 84.34.220 and 1993 c 248 s 2 are each amended to read as follows:

In accordance with the authority granted in RCW 84.34.210, a county, city, town, metropolitan park district, open space protection district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may specifically purchase or otherwise acquire, except by eminent domain, rights in perpetuity to future development of any open space land, farm and agricultural land, and timber land which are so designated under the provisions of chapter 84.34 RCW and taxed at current use assessment as provided by that chapter. For the purposes of this 1971 amendatory act, such developmental rights shall be termed "conservation futures". The private owner may retain the right to continue any existing open space use of the land, and to develop any other open space use, but, under the terms of purchase of conservation futures, the county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, may forbid or restrict building thereon, or may require that improvements cannot be made without county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, permission. The land may be alienated or sold and used as formerly by the new owner, subject to the terms of the agreement made by the county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in RCW 84.34.250, with the original owner.

NEW SECTION. Sec. 3. For the purposes of this chapter "district" means an open space protection district.

NEW SECTION. Sec. 4. Any county shall have the power to create an open space protection district for the purpose of purchasing, financing, acquiring, and maintaining development rights under RCW 84.34.210, which shall be owned by the district. A district shall be a quasi-municipal corporation, an independent taxing "authority" within the meaning of section 1, Article 7 of the Constitution, and a "taxing district" within the meaning of section 2, Article 7 of the Constitution.

A district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to accept and expend or use gifts, grants, and donations, and to sue and be sued as well as all other powers that may now or hereafter be specifically conferred by statute.

The members of the county legislative authority, acting ex officio and independently, shall compose the governing body of a district which is created within the county: PROVIDED, That where a district includes an incorporated city or town within the county, the district may be governed as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. The voters of a district shall be all registered voters residing within the district.

A multicounty district shall be governed as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW.

NEW SECTION. Sec. 5. Districts may be initiated in any unincorporated area of any county by a petition signed by ten percent of the registered voters within the proposed district. Incorporated areas may be included under section 19 of this act.

NEW SECTION. Sec. 6. (1) Any petition initiating a proposed district shall set forth the boundaries of the district with certainty and describe the purpose or purposes for which the district is to be formed.

(2) Petitions shall be submitted to the county auditor who shall verify the signatures thereon to determine that the petition has been signed by the requisite number of persons who are registered voters within the proposed district. If the petition is found not to have the requisite number of signatures, it shall be returned to the petitioners. If the petition is found to be sufficient, the auditor shall so certify and transmit the same to the board of county commissioners.

NEW SECTION. Sec. 7. Upon accepting a petition to form a district, the county legislative authority shall order a full investigation for the purpose or purposes of the proposed district to determine the feasibility of forming the same and to determine the estimated initial costs involved in obtaining the objectives set forth in the petition or resolution. The reports on the feasibility and the cost of the proposed district shall be made available to the county legislative authority, and copies of such reports shall be filed with the clerk of the county legislative authority not more than eighty days after the county legislative authority first directs that the studies and reports be undertaken. The county legislative authority shall also provide by resolution that within twenty days after receiving the reports a public hearing shall be held at the county seat or at some convenient location within the proposed district. At least five days before the hearing, the county legislative authority shall give notice of the hearing not less than twice in a legal newspaper of general circulation in the county. The notice shall describe the boundaries of the proposed district, the purpose or purposes of the proposed district, the estimated initial costs, indicate that the reports and other materials prepared at the order of the county legislative authority are available in the office of the clerk of the county legislative authority for the study and review of any interested party, and set the time, date, and place of the hearing.

NEW SECTION. Sec. 8. At the hearing, the county legislative authority shall first provide for an explanation of the objectives of the proposed district and the estimated initial costs thereof. The county legislative authority shall permit any resident or property owner of the proposed district to appear and be heard, and may permit property owners in contiguous areas to include their property within the proposed district in the event that they make their request for inclusion in writing. The county legislative authority shall examine all reports on the feasibility of the proposed district and its initial costs and may, if they deem it necessary, recess the hearing for not more than twenty days to obtain any additional information necessary to arrive at the findings provided for in section 9 of this act.

NEW SECTION. Sec. 9. At the conclusion of a hearing, the board of county commissioners shall make the following findings:

(1) Whether or not the district's objectives fit within the general framework of the county's comprehensive plan and general planning policies;

(2) The exact boundaries of the district: The board shall be empowered to modify the boundaries as originally defined in the petition initiating the proposed district: PROVIDED, That the boundaries of the district may not be enlarged unless the property owners within the area to be added consent to their inclusion in writing; or unless the board gives the property owners of the area to be added, written notice, mailed to their regular permanent residences as shown on the latest records of the county auditor, five days prior to a regular or continued hearing upon the formation of the proposed district;

(3) A full definition or explanation of the nature of development rights to be financed by the proposed district;

(4) Whether or not the objectives of the district are feasible;

(5) The number or name of the district.

If satisfactory findings cannot be made by the board, the petition shall be dismissed, and no petition embracing the same area may be accepted or heard for at least two years.

NEW SECTION. Sec. 10. (1) Upon making findings under the provisions of section 9 of this act, the county legislative authority shall, by resolution, order an election of the voters of the proposed district to determine if the district shall be formed. The county legislative authority shall in their resolution direct the county auditor to set the election to be held at the next general election or at a special election held for such purpose; describe the purposes of the proposed district; set forth the estimated cost of any initial expenses to be financed by the district should it be formed; describe the method of financing the initial expenses described in the resolution or petition; and order that notice of election be published in a newspaper of general circulation in the county at least twice prior to the election date.

(2) A proposition to form a district shall be submitted to the voters of the proposed district. Upon approval by a majority of the voters voting on the proposition, a district shall be established. The proposition submitted to the voters by the county auditor on the ballot shall be in substantially the following form:

FORMATION OF OPEN SPACE

PROTECTION DISTRICT

Shall an open space protection district be established for the area described in a resolution of the legislative authority of . . . . . . county, adopted on the . . . . day of . . . . . . 19. . ., to provide financing for acquisition of development rights?

Yes . . . . . . No . . . . . .

NEW SECTION. Sec. 11. If the petition initiating the formation of the proposed district proposes that the initial capital or operational costs are to be financed by regular property tax levies as authorized by section 16 of this act, or an annual excess levy, a proposition or propositions for such purpose or purposes shall be submitted to the voters of the proposed district at the same election. A proposition or propositions for regular property tax levies as authorized by section 16 of this act, or an annual excess levy, may also be submitted to the voters at any general or special election.

NEW SECTION. Sec. 12. In order for the annual excess tax levy proposition to be approved, voters exceeding in number at least sixty percent of the number of voters who cast ballots for the office of county legislative authority within the district, or within the proposed district, in the last preceding general election for that office must cast ballots on the tax levy proposition, and of all the votes cast at the election at least sixty percent must approve the annual excess tax levy.

NEW SECTION. Sec. 13. If the formation of the district is approved by the voters, the county legislative authority shall by resolution declare the district to be formed and direct the county treasurer to be the treasurer of the district. Expenditures of the district shall be made upon warrants drawn by the county auditor pursuant to vouchers approved by the governing body of the district.

NEW SECTION. Sec. 14. If the district is formed, there shall be created in the office of the county treasurer a local open space protection district fund with such accounts as the treasurer may find convenient, or as the state auditor may direct, into which shall be deposited all revenues received by the district from tax levies or from gifts or donations. Such fund shall be designated "(name of county) open space protection district No. . . . . fund." Or "(name of district) fund."

NEW SECTION. Sec. 15. A district shall have the power to levy annual excess levies upon the property included within the district if authorized at a special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds.

Any elections shall be held as provided in RCW 39.36.050.

NEW SECTION. Sec. 16. A district may impose regular property tax levies in an amount equal to twenty-five cents or less per thousand dollars of assessed value of property in the service area when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not more than twelve months prior to the date on which the proposed initial levy is to be made and not more often than twice in such twelve-month period, either at a special election or at the regular election of the district, at which election the number of voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the number of voters voting in the district at the last preceding general election when the number of voters voting on the proposition does not exceed forty percent of the number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters thereof voting on the proposition if the number of voters voting on the proposition exceeds forty per centum of the number of voters voting in such taxing district in the last preceding general election. A proposition authorizing such tax levies shall not be submitted by a district more than twice in any twelve-month period. Ballot propositions shall conform with RCW 29.30.111. If a district is levying property taxes, which in combination with property taxes levied by other taxing districts result in taxes in excess of the nine-dollar and fifteen cents per thousand dollars of assessed valuation limitation provided for in RCW 84.52.043, the district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.

NEW SECTION. Sec. 17. The governing body of each district shall annually compile a budget for each district in a form prescribed by the state auditor for the ensuing calendar year which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the district. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities, or towns, county or any other governmental entity, gifts and donations, special tax levy, fees and charges, and cumulative reserve funds.

NEW SECTION. Sec. 18. A district may reimburse the county for any charge incurred by the county current expense fund which is properly an expense of the district, including reasonable administrative costs not to exceed two percent incurred by the offices of county treasurer and the county auditor in providing accounting, clerical, or other services for the benefit of the district. The county legislative authority may, where a county purchasing department has been established, provide for the purchase of all supplies and equipment for a district through the department. The district may contract with the county to administer purchasing.

NEW SECTION. Sec. 19. (1) A district may include any unincorporated area in the state, and when any part of the proposed district lies within the corporate limits of any city or town the petition shall be accompanied by a certified copy of a resolution of the governing body of the city or town, approving inclusion of the district within the corporate limits of the city or town.

(2) After a district has been organized, an additional area may be added by the same procedure as is provided in this chapter for the organization of a district, and all voters within both the organized district and the proposed additional area shall vote upon the proposition for enlargement.

Sec. 20. RCW 36.96.010 and 1979 ex.s. c 5 s 1 are each amended to read as follows:

As used in this chapter, unless the context requires otherwise:

(1) "Special purpose district" means every municipal and quasi-municipal corporation other than counties, cities, and towns. Such special purpose districts shall include, but are not limited to, water districts, fire protection districts, port districts, public utility districts, county park and recreation service areas, open space protection districts, flood control zone districts, diking districts, drainage improvement districts, and solid waste collection districts, but shall not include industrial development districts created by port districts, and shall not include local improvement districts, utility local improvement districts, and road improvement districts;

(2) "Governing authority" means the commission, council, or other body which directs the affairs of a special purpose district;

(3) "Inactive" means that a special purpose district, other than a public utility district, is characterized by either of the following criteria:

(a) Has not carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period; or

(b) No election has been held for the purpose of electing a member of the governing body within the preceding consecutive seven-year period or, in those instances where members of the governing body are appointed and not elected, where no member of the governing body has been appointed within the preceding seven-year period.

A public utility district is inactive when it is characterized by both criteria (a) and (b) of this subsection.

Sec. 21. RCW 84.52.052 and 1993 c 284 s 4 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, open space protection district, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, fire protection district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, or cultural arts, stadium, and convention district.

Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."

NEW SECTION. Sec. 22. Sections 3 through 19 of this act shall constitute a new chapter in Title 36 RCW.