BP BHEAD INT S [atlas:bill]

AN ACT Relating to promoting flood safety through local planning; amending RCW 86.12.010, 86.12.020, 86.12.030, 86.12.034, 86.12.200, 86.12.210, 86.12.220, 36.70A.150, 36.70A.160, 64.06.020, and 86.26.007; adding new sections to chapter 86.12 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; and creating new sections.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to establish an enhanced flood hazard reduction program that improves safety, enhances environmental resources, creates consistency between planning requirements, and facilitates streamlining at state and federal levels. It is further the intent of the legislature that the department of ecology work with federal agencies to develop a general permit for flood management activities in order to streamline the permitting process for projects included in an enhanced flood management plan. The additional requirements of an enhanced flood management plan are established with the intent that a general permit be obtained. This voluntary program of enhanced planning maximizes public gain through the use of flood-prone areas for safe public enjoyment, enhancement of fish and wildlife habitat, and improvement of water quality. This program also promotes a long-term, fiscally conservative approach toward flood hazard reduction and flood preparedness, and safeguards the lives of our state's citizens by minimizing the risks associated with future flood events, and increases flood-threat awareness among the citizens of Washington state.

COUNTY FLOOD ((~~CONTROL~~)) SAFETY

Sec. 2. RCW 86.12.010 and 1973 1st ex.s. c 195 s 129 are each amended to read as follows:

The county commissioners of any county may annually levy a tax, beginning with the year 1907, in such amount as, in their judgment they may deem necessary or advisable, but not to exceed twenty-five cents per thousand dollars of assessed value upon all taxable property in such county, for the purpose of creating a fund to be known as "river improvement fund." There is hereby created in each such river improvement fund an account to be known as the "flood ((~~control~~)) safety maintenance account."

Sec. 3. RCW 86.12.020 and 1970 ex.s. c 30 s 10 are each amended to read as follows:

((~~Said~~)) The river improvement fund shall be expended for the purposes as provided in this chapter ((~~provided~~)). Any county, for the ((~~control~~)) safe management of waters subject to flood conditions from streams, tidal or other bodies of water affecting such county, may inside or outside the boundaries of such county, construct, operate ((~~and~~)), maintain, modify, remove, redesign, or relocate dams and impounding basins and dikes, levees, revetments, bulkheads, rip-rap or other protection; may, consistent with chapter 75.20 RCW, remove bars, logs, snags and debris from and clear, deepen, widen, straighten, change, relocate or otherwise ((~~improve~~)) modify and maintain stream channels, main or overflow; may acquire any real or personal property or rights and interest therein for the prosecution of such works or to preserve any flood plain or regular or intermittent stream channels from any interference to the free or natural flow of flood or storm water; and may construct, operate, and maintain any and all other works, structures, and improvements necessary for such ((~~control~~)) safe management; and for any such purpose may purchase, condemn, or otherwise acquire land, property, or rights, including beds of nonnavigable waters and state, county, and school lands and property and may damage any land or other property for any such purpose, and may condemn land and other property and rights and interests therein and damage the same for any other public use after just compensation having been first made or paid into court for the owner in the manner prescribed in this chapter. The purposes specified in this chapter ((~~specified~~)) are ((~~hereby~~)) declared to be county purposes.

Sec. 4. RCW 86.12.030 and 1941 c 204 s 10 are each amended to read as follows:

The taking and damaging of land, property, or rights therein or thereto by any county, either inside or outside of such county, for flood ((~~control~~)) safety purposes of the county is ((~~hereby~~)) declared to be for a public use. Such eminent domain proceedings shall be in the name of the county, shall be had in the county where the property is situated, and may unite in a single action proceedings to condemn for county use property held by separate owners, the jury to return separate verdicts for the several lots, tracts, or parcels of land, or interest therein, so taken or damaged. The proceedings may conform to the provisions of ((~~sections 921 to 926, inclusive, of Remington's Revised Statutes~~)) RCW 8.20.010 through 8.20.080, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The title so acquired by the county shall be the fee simple title or such lesser estate as shall be designated in the decree of appropriation. The awards in and costs of such proceedings shall be payable out of the river improvement fund.

Sec. 5. RCW 86.12.034 and 1963 c 90 s 1 are each amended to read as follows:

Whenever a county of this state, acting pursuant to RCW 86.12.010 through 86.12.033, shall make ((~~an improvement~~)) a modification in connection with the course, channel, or flow of a navigable river, thereby causing it to abandon its existing channel, bed, bank, or banks for the entire distance covered by ((~~said improvement~~)) the modification, or for any part or portion thereof, or by ((~~said improvement~~)) the modification shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct ((~~improvements~~)) modifications intended so to do, all the right, title and interest of the state of Washington in and to ((~~said~~)) the abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall ((~~be and the same is hereby given, granted and~~)) remain in the state of Washington unless expressly conveyed to the county making such ((~~improvement: PROVIDED, HOWEVER, That~~)) a modification. The conveyance shall be preferred when the county places the abandoned lands in a use benefiting the public, such as in a flood hazard corridor. However, any such gift, grant or conveyance shall be subject to any right, easement or interest heretofore given, granted or conveyed to any agency of the state.

COMPREHENSIVE FLOOD ((~~CONTROL~~)) HAZARD MANAGEMENT PLANS

Sec. 6. RCW 86.12.200 and 1991 c 322 s 3 are each amended to read as follows:

The county legislative authority of any county may adopt a comprehensive flood ((~~control~~)) hazard management plan for any drainage basin that is located wholly or partially within the county.

A basic comprehensive flood ((~~control~~)) hazard management plan shall include at least the following elements:

(1) Designation of areas that are susceptible to periodic flooding, from inundation by bodies of water or surface water runoff, or both, including the river's meander belt ((or)) and floodway;

(2) Establishment of a comprehensive scheme of flood ((~~control protection and improvements~~)) hazard management for the areas that are subject to such periodic flooding, that includes: (a) Determining the need for, and desirable location of, flood ((~~control improvements~~)) hazard reduction projects to protect or preclude flood damage to structures, works, and improvements, based upon a cost/benefit ratio between the expense of providing and maintaining these improvements and the benefits arising from these improvements; (b) establishing the level of flood protection that each portion of the system of flood ((~~control improvements~~)) hazard reduction will ((~~be permitted~~)) permit; (c) identifying alternatives to in-stream flood control work; (d) identifying areas where flood waters could be directed during a flood to avoid damage to buildings and other structures; and (e) identifying sources of revenue that will be sufficient to finance the comprehensive scheme of flood ((~~control protection and improvements~~)) hazard management;

(3) Establishing land use regulations that preclude the location of structures, works, or improvements in critical portions of such areas subject to periodic flooding, including a river's meander belt ((or)) and floodway, and permitting only flood-compatible land uses in such areas;

(4) Establishing through local ordinances restrictions on construction activities in areas subject to periodic floods that require the flood proofing of those structures that are permitted to be constructed or remodeled; and

(5) Establishing through local ordinances restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas. Land clearing activities do not include forest practices as defined in chapter 76.09 RCW.

A basic comprehensive flood ((~~control~~)) hazard management plan shall be subject to the minimum requirements for participation in the national flood insurance program, requirements exceeding the minimum national flood insurance program that have been adopted by the department of ecology for a specific flood plain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to flood plain management activities. When a county plans under chapter 36.70A RCW, it may incorporate the portion of its comprehensive flood ((~~control~~)) hazard management plan relating to land use restrictions in its comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW.

NEW SECTION. Sec. 7. In order to qualify for streamlined state and federal permitting, counties may elect to plan at an enhanced level. An enhanced comprehensive flood hazard management plan must include the required elements of RCW 86.12.200, and must also:

(1) Identify primary public needs. Primary public needs may include, in addition to safeguarding public life and health, preservation of water quality, enhancement of public recreation, restoration of riparian and aquatic habitat, creation of floodwater storage areas, and protection of public infrastructure, such as transportation corridors and sewage treatment facilities that are located in the flood plain;

(2) Identify high-danger areas. High-danger areas are areas that have suffered repeat damage due to inundation or areas that suffer significant flood related erosion;

(3) Identify flood hazard corridors, including, at a minimum, the floodway, and high-danger areas. Flood hazard corridors may also include any or all of the following: Floodwater storage areas, a buffer area adjacent to the floodway, the meander belt, and wetlands within the one hundred year flood plain;

(4) Establish land use restrictions that allow only flood-compatible uses within the flood hazard corridor. Flood-compatible uses include low-intensity recreational uses, wetland mitigation banking, open space, fish and wildlife improvement areas, and either storm water retention ponds, or detention ponds, or both;

(5) Include restrictive land use policies for frequently flooded areas identified in accordance with chapter 36.70A RCW;

(6) Identify detailed public flood hazard reduction projects;

(7) Include a sediment management strategy;

(8) Include a fish habitat mitigation or restoration strategy;

(9) Prioritize locations from within high-danger areas and flood hazard corridors for fee and less than fee acquisition;

(10) Identify where projects may encumber state-owned or managed lands;

(11) Include a flood safety education component;

(12) Be consistent with elements of the state flood reduction plan;

(13) Identify a funding strategy for plan implementation; and

(14) Be reviewed under the state environmental policy act, chapter 43.21C RCW.

NEW SECTION. Sec. 8. Enhanced flood hazard management plans must have joint review and approval by the departments of ecology and fish and wildlife. Both the department of ecology and the department of fish and wildlife are authorized at the time of plan review and approval to reject specific projects described within the plan that would violate chapter 75.20, 90.48, or 90.58 RCW. The adopting local government shall request advisory review and recommendation from affected area tribes and from the local shoreline planner. The adopting local government may request advisory review from the Washington state parks and recreation commission, and the department of natural resources regarding lands identified for acquisition to determine suitability for holdings as state lands. The adopting local government shall advise the affected state agency when projects are determined to encumber state-owned or managed lands.

NEW SECTION. Sec. 9. Public flood hazard reduction projects identified in detail in enhanced plans and not rejected by the department of ecology or the department of fish and wildlife during plan approval:

(1) Receive additional consideration for flood control assistance account program project funding;

(2) Receive additional consideration under the emergency management division/department of ecology memorandum of agreement for state and federal funds in both postdisaster and nonemergency flood mitigation funding;

(3) Are exempt from individual state environmental policy act review;

(4) Have priority for inclusion under the five-year maintenance agreements under chapter 75.20 RCW;

(5) Receive forty-five day maximum review when the federal clean water act (33 U.S.C. Sec. 1341) or federal coastal zone management review (16 U.S.C. Sec. 1456) are triggered.

NEW SECTION. Sec. 10. Comprehensive flood hazard management plans must be reviewed and updated every ten years. Plans that were approved prior to 1990 must be reviewed and updated by 2001. Updates to basic plans must be jointly reviewed by the department of ecology and the department of fish and wildlife, with approval by the department of ecology. Enhanced plans must be reviewed and approved consistent with section 8 of this act.

Sec. 11. RCW 86.12.210 and 1991 c 322 s 4 are each amended to read as follows:

A comprehensive flood ((~~control~~)) hazard management plan that includes an area within which a city or town, or a special district subject to chapter 85.38 RCW, is located shall be developed by the county with the full participation of officials from the city, town, or special district, including conservation districts, and appropriate state and federal agencies. Where a comprehensive flood ((~~control~~)) hazard management plan is being prepared for a river basin that is part of the common boundary between two counties, the county legislative authority of the county preparing the plan may allow participation by officials of the adjacently located county.

Following adoption by the county, city, or town, a comprehensive flood ((~~control~~)) hazard management plan shall be binding on each jurisdiction and special district that is located within an area included in the plan. If within one hundred twenty days of the county's adoption, a city or town does not adopt the comprehensive flood ((~~control~~)) hazard management plan, the city or county shall request arbitration on the issue or issues in dispute. If parties cannot agree to the selection of an arbitrator, the arbitrator shall be selected according to the process described in RCW 7.04.050. The cost of the arbitrator shall be shared equally by the participating parties and the arbitrator's decision shall be binding. Any land use regulations and restrictions on construction activities contained in a comprehensive flood ((~~control~~)) hazard management plan applicable to a city or town shall be minimum standards that the city or town may exceed. A city or town undertaking flood or storm water control activities consistent with the comprehensive flood ((~~control~~)) hazard management plan shall retain authority over such activities.

Sec. 12. RCW 86.12.220 and 1991 c 322 s 5 are each amended to read as follows:

A county may create one or more advisory committees to assist in the development of proposed comprehensive flood ((~~control~~)) hazard management plans and to provide general advice on flood problems. The advisory committees may include city and town officials, officials of special districts subject to chapter 85.38 RCW, conservation districts, appropriate state and federal officials, and officials of other counties and other interested persons.

Sec. 13. RCW 36.70A.150 and 1991 c 322 s 23 are each amended to read as follows:

Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify lands useful for public purposes such as utility corridors, transportation corridors, flood hazard corridors identified under chapter 86.12 RCW, landfills, sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses. The county shall work with the state and the cities within its borders to identify areas of shared need for public facilities. The jurisdictions within the county shall prepare a prioritized list of lands necessary for the identified public uses including an estimated date by which the acquisition will be needed.

The respective capital acquisition budgets for each jurisdiction shall reflect the jointly agreed upon priorities and time schedule.

Sec. 14. RCW 36.70A.160 and 1992 c 227 s 1 are each amended to read as follows:

Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify open space corridors within and between urban growth areas. They shall include lands useful for recreation, wildlife habitat, trails, any flood hazard corridor established under chapter 86.12 RCW, and connection of critical areas as defined in RCW 36.70A.030. Identification of a corridor under this section by a county or city shall not restrict the use or management of lands within the corridor for agricultural or forest purposes. Restrictions on the use or management of such lands for agricultural or forest purposes imposed after identification solely to maintain or enhance the value of such lands as a corridor may occur only if the county or city acquires sufficient interest to prevent development of the lands or to control the resource development of the lands. The requirement for acquisition of sufficient interest does not include those corridors regulated by the interstate commerce commission, under provisions of 16 U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec. 912. Nothing in this section shall be interpreted to alter the authority of the state, or a county or city, to regulate land use activities.

The city or county may acquire by donation or purchase the fee simple or lesser interests in these open space corridors using funds authorized by RCW 84.34.230 or other sources.

Sec. 15. RCW 64.06.020 and 1996 c 301 s 2 are each amended to read as follows:

(1) In a transaction for the sale of residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under RCW 64.06.010, deliver to the buyer a completed real property transfer disclosure statement in the following format and that contains, at a minimum, the following information:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller.

NOTICE TO THE BUYER

THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER(S), CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT.............................

("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER. YOU HAVE THREE BUSINESS DAYS, UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER, UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN THE BUYER AND THE SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF, FOR EXAMPLE, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.

Seller . . . . is/ . . . . is not occupying the property.

I. SELLER'S DISCLOSURES:

*If "Yes" attach a copy or explain. If necessary use an attached sheet.

1. TITLE

[ ]Yes [ ]No [ ]Don't knowA. Do you have legal authority to sell the property?

[ ]Yes [ ]No [ ]Don't know*B. Is title to the property subject to any of the following?

(1) First right of refusal

(2) Option

(3) Lease or rental agreement

(4) Life estate?

[ ]Yes [ ]No [ ]Don't know*C. Are there any encroachments, boundary agreements, or boundary disputes?

[ ]Yes [ ]No [ ]Don't know*D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property?

[ ]Yes [ ]No [ ]Don't know*E. Are there any written agreements for joint maintenance of an easement or right of way?

[ ]Yes [ ]No [ ]Don't know*F. Is there any study, survey project, or notice that would adversely affect the property?

[ ]Yes [ ]No [ ]Don't know*G. Are there any pending or existing assessments against the property?

[ ]Yes [ ]No [ ]Don't know*H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling?

[ ]Yes [ ]No [ ]Don't know*I. Is there a boundary survey for the property?

[ ]Yes [ ]No [ ]Don't know*J. Are there any covenants, conditions, or restrictions which affect the property?

2. WATER

A. Household Water

(1) The source of the water is [ ]Public [ ]Community [ ]Private [ ]Shared

(2) Water source information:

[ ]Yes [ ]No [ ]Don't know *a. Are there any written agreements for shared water source?

[ ]Yes [ ]No [ ]Don't know *b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?

[ ]Yes [ ]No [ ]Don't know *c. Are any known problems or repairs needed?

[ ]Yes [ ]No [ ]Don't know *d. Does the source provide an adequate year round supply of potable water?

[ ]Yes [ ]No [ ]Don't know *(3) Are there any water treatment systems for the property? [ ]Leased [ ]Owned

B. Irrigation

[ ]Yes [ ]No [ ]Don't know (1) Are there any water rights for the property?

[ ]Yes [ ]No [ ]Don't know *(2) If they exist, to your knowledge, have the water rights been used during the last five-year period?

[ ]Yes [ ]No [ ]Don't know *(3) If so, is the certificate available?

C. Outdoor Sprinkler System

[ ]Yes [ ]No [ ]Don't know (1) Is there an outdoor sprinkler system for the property?

[ ]Yes [ ]No [ ]Don't know *(2) Are there any defects in the outdoor sprinkler system?

3. SEWER/SEPTIC SYSTEM

A. The property is served by: [ ]Public sewer main, [ ]Septic tank system [ ]Other disposal system (describe)

...................................

[ ]Yes [ ]No [ ]Don't knowB. If the property is served by a public or community sewer main, is the house connected to the main?

C. Is the property currently subject to a sewer capacity charge?

D. If the property is connected to a septic system:

[ ]Yes [ ]No [ ]Don't know (1) Was a permit issued for its construction, and was it approved by the city or county following its construction?

(2) When was it last pumped:

...................... , 19. . .

[ ]Yes [ ]No [ ]Don't know *(3) Are there any defects in the operation of the septic system?

[ ]Don't know (4) When was it last inspected?

...................... , 19. . .

By Whom: ......................

[ ]Don't know (5) How many bedrooms was the system approved for?

....................... bedrooms

[ ]Yes [ ]No [ ]Don't know *E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system? If no, explain: ......

[ ]Yes [ ]No [ ]Don't know *F. Are you aware of any changes or repairs to the septic system?

[ ]Yes [ ]No [ ]Don't know G. Is the septic tank system, including the drainfield, located entirely within the boundaries of the property?

4. STRUCTURAL

[ ]Yes [ ]No [ ]Don't know *A. Has the roof leaked?

[ ]Yes [ ]No [ ]Don't know If yes, has it been repaired?

[ ]Yes [ ]No [ ]Don't know *B. Have there been any conversions, additions, or remodeling?

[ ]Yes [ ]No [ ]Don't know *1. If yes, were all building permits obtained?

[ ]Yes [ ]No [ ]Don't know *2. If yes, were all final inspections obtained?

[ ]Yes [ ]No [ ]Don't know C. Do you know the age of the house? If yes, year of original construction:

...............................

[ ]Yes [ ]No [ ]Don't know *D. Do you know of any settling, slippage, or sliding of either the house or other structures/ improvements located on the property? If yes, explain:

...............................

[ ]Yes [ ]No [ ]Don't know *E. Do you know of any defects with the following: (Please check applicable items)

G Foundations G Decks G Exterior Walls

G Chimneys G Interior Walls G Fire Alarm

G Doors G Windows G Patio

G Ceilings G Slab Floors G Driveways

G Pools G Hot Tub G Sauna

G Sidewalks G Outbuildings G Fireplaces

G Garage Floors G Walkways

G Other G Wood Stoves

[ ]Yes [ ]No [ ]Don't know *F. Was a pest or dry rot, structural or "whole house" inspection done? When and by whom was the inspection completed?

[ ]Yes [ ]No [ ]Don't know *G. Since assuming ownership, has your property had a problem with wood destroying organisms and/or have there been any problems with pest control, infestations, or vermin?

5. SYSTEMS AND FIXTURES

If the following systems or fixtures are included with the transfer, do they have any existing defects:

[ ]Yes [ ]No [ ]Don't know *A. Electrical system, including wiring, switches, outlets, and service

[ ]Yes [ ]No [ ]Don't know *B. Plumbing system, including pipes, faucets, fixtures, and toilets

[ ]Yes [ ]No [ ]Don't know *C. Hot water tank

[ ]Yes [ ]No [ ]Don't know *D. Garbage disposal

[ ]Yes [ ]No [ ]Don't know *E. Appliances

[ ]Yes [ ]No [ ]Don't know *F. Sump pump

[ ]Yes [ ]No [ ]Don't know *G. Heating and cooling systems

[ ]Yes [ ]No [ ]Don't know *H. Security system [ ] Owned [ ] Leased

*I. Other......................

6. COMMON INTEREST

[ ]Yes [ ]No [ ]Don't know A. Is there a Home Owners' Association? Name of Association ................

[ ]Yes [ ]No [ ]Don't know B. Are there regular periodic assessments:

$. . . per [ ] Month [ ] Year

[ ] Other......................

[ ]Yes [ ]No [ ]Don't know *C. Are there any pending special assessments?

[ ]Yes [ ]No [ ]Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?

7. GENERAL

[ ]Yes [ ]No [ ]Don't know *A. Is there any settling, soil, standing water, or drainage problems on the property?

[ ]Yes [ ]No [ ]Don't know *B. Does the property contain fill material?

[ ]Yes [ ]No [ ]Don't know *C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?

[ ]Yes [ ]No [ ]Don't know *D. Is the property in a designated flood plain or has the property had flooding during the period of ownership or the preceding ten years, whichever is longer?

[ ]Yes [ ]No [ ]Don't know *E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property?

[ ]Yes [ ]No [ ]Don't know *F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property?

[ ]Yes [ ]No [ ]Don't know *G. Has the property ever been used as an illegal drug manufacturing site?

8. FULL DISCLOSURE BY SELLERS

A. Other conditions or defects:

[ ]Yes [ ]No [ ]Don't know*Are there any other material defects affecting this property or its value that a prospective buyer should know about?

B. Verification:

The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.

DATE . . . . . . . SELLER . . . . . . . . . SELLER...............

II. BUYER'S ACKNOWLEDGMENT

A.As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

B.Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

C.Buyer (which term includes all persons signing the "buyer's acceptance" portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU, THE BUYER, HAVE THREE BUSINESS DAYS, UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS YOU WAIVE THIS RIGHT OF RESCISSION.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.

DATE . . . . . . . BUYER . . . . . . . . . BUYER.................

(2) The real property transfer disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential real property. The real property transfer disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.

NEW SECTION. Sec. 16. A new section is added to chapter 36.70A RCW to read as follows:

The goals and policies of an approved comprehensive flood management plan adopted under chapter 86.12 RCW shall be considered an element of the county's comprehensive plan. A county may designate the development regulations implementing an approved enhanced comprehensive flood management plan as the development regulations required under RCW 36.70A.060 to protect frequently flooded areas within the county.

NEW SECTION. Sec. 17. A new section is added to chapter 43.21C RCW to read as follows:

Individual flood hazard reduction projects that have been reviewed under this chapter as part of the enhanced comprehensive flood hazard management plan requirements found in chapter 86.12 RCW, and that were not otherwise rejected by the department of fish and wildlife or the department of ecology during plan review and approval, are exempt from additional review under this chapter for a period not to exceed five years.

NEW SECTION. Sec. 18. In order to avoid project denials at the permit stage, the department of fish and wildlife, the department of ecology, and all other relevant state agencies are required to provide technical support and assistance to the planning counties during the enhanced flood hazard management plan review approval process. Further, the department of ecology shall work with federal agencies to develop a general permit to satisfy permit requirements of the federal clean water act (33 U.S.C. Sec. 401 et seq.) for flood hazard reduction activities.

Sec. 19. RCW 86.26.007 and 1997 c 149 s 914 are each amended to read as follows:

The flood control assistance account is hereby established in the state treasury. At the beginning of the 1997-99 fiscal biennium and each biennium thereafter the state treasurer shall transfer ((~~four~~)) ten million dollars from the general fund to the flood control assistance account. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter or, during the 1997-99 fiscal biennium, for transfer to the disaster response account.

NEW SECTION. Sec. 20. The department of ecology shall work with federal agencies to develop a general permit to satisfy permit requirements of the federal clean water act (33 U.S.C. Sec. 401 et seq.) for flood management activities. It is the intent of the legislature that the additional requirements of an enhanced flood management plan, and only those requirements, establish eligibility to obtain a general permit.

NEW SECTION. Sec. 21. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 22. Sections 7 through 10, 18, and 20 of this act are each added to chapter 86.12 RCW.