2SHB 2163 -
By Representative Miloscia
WITHDRAWN 03/15/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 Despite laudable efforts by all levels of
government, private individuals, nonprofit organizations, and
charitable foundations to end homelessness, the number of homeless
persons in Washington is unacceptably high. The state's homeless
population, furthermore, includes a large number of families with
children, youth, and employed persons. The legislature finds that the
fiscal and societal costs of homelessness are high for both the public
and private sectors, and that ending homelessness is both morally and
economically imperative.
The legislature finds that there are many causes of homelessness,
including a shortage of affordable housing; a shortage of family-wage
jobs which undermines housing affordability; a lack of an accessible
and affordable health care system available to all who suffer from
physical and mental illnesses and chemical and alcohol dependency;
domestic violence; and a lack of education and job skills necessary to
acquire adequate wage jobs in the economy of the twenty-first century.
The support and commitment of all sectors of the statewide
community in addressing the root causes of homelessness is critical to
the chances of success in ending homelessness in Washington. While the
provision of housing and housing-related services to the homeless
should be administered at the local level to best address specific
community needs, the legislature also recognizes the need for the state
to play a primary coordinating, supporting, and monitoring role. In
order to truly end homelessness, there must be a clear assignment of
responsibilities and a clear statement of achievable, mandatory, and
quantifiable goals. Systematic statewide data collection on
homelessness in Washington must be a critical component of such a
program enabling the state to work with local governments to count,
track, and report upon the number and geographic location of all
homeless persons.
The systematic collection and rigorous evaluation of homeless data,
a search for and implementation through adequate resource allocation of
best practices, and the systematic measurement of progress toward
interim goals and the ultimate goal of ending homelessness are all
necessary components of a statewide effort to end homelessness in
Washington by July 1, 2015.
NEW SECTION. Sec. 2 This chapter may be known and cited as the
ending homelessness act.
NEW SECTION. Sec. 3 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Director" means the director of the department of community,
trade, and economic development.
(3) "Homeless person" means an individual living without permanent
shelter, including an individual living outside, in an emergency
shelter, and in a temporary housing program which may include a
transitional and supportive housing program if habitation time limits
exist.
(4) "Washington homeless census" means an annual statewide census
conducted as a collaborative effort by towns, cities, counties,
community-based organizations, and state agencies, with the technical
support and coordination of the department, to count and collect data
on all homeless individuals in Washington. After the first census, the
department shall implement increasingly frequent counts to work towards
reaching the goal of continuously available current information on
homeless statistics.
(5) "Ending homelessness housing account" means the state treasury
account receiving the state's portion of income from revenue from the
sources established by section 12 of this act.
(6) "Ending homelessness housing grant program" means the vehicle
by which competitive grants are awarded by the department, utilizing
moneys from the ending homelessness housing account, to local
governments for programs directly related to housing homeless
individuals and families, addressing the root causes of homelessness,
preventing homelessness, collecting data on homeless individuals, and
other efforts directly related to ending homelessness in Washington.
State funds accessible through the ending homelessness housing grant
program are to supplement the local government's share of the revenue
from the sources established by section 12 of this act to support
programs to end homelessness within their boundaries.
(7) "Local government" means a county government in the state of
Washington. If a city government affirmatively elects to join this
effort by accepting the responsibility for ending homelessness within
its borders through the operation of an ending homelessness housing
program separate from that of the county, it is included in the
definition of "local government." All local government efforts must be
incorporated into the state strategic plan.
(8) "Housing continuum" means the progression of individuals along
a housing-focused continuum with homelessness at one end and
homeownership at the other. Such a continuum could, for example, range
from homeless on the street, to homeless in a temporary shelter, to
participation in a transitional housing program, to residency in a
supportive housing environment, to acquisition and maintenance of a
subsidized apartment, to acquisition and maintenance of a nonsubsidized
apartment, and, for many, to homeownership.
(9) "Local ending homelessness housing advisory council" means a
voluntary local committee created to advise a local government on the
creation of a local homeless housing strategic plan, participate in a
program evaluation within the service area, and report to the
department on the local area's progress toward meeting the goal of
ending homelessness.
(10) "Long-term private or public housing" and "permanent shelter"
mean subsidized and unsubsidized rental or owner-occupied housing in
which there is no established time limit for habitation of less than
two years.
(11) "Housing wage" is the amount a person working full time has to
earn to afford the fair market rent on a two bedroom unit while paying
no more than thirty percent of their income in rent.
(12) "Interagency committee on homelessness" means a committee
appointed by the governor and consisting of, at least, the director of
the department; the secretary of the department of corrections; the
secretary of the department of social and health services; the director
of the department of veterans affairs; and the secretary of the
department of health.
(13) "Homeless population" means, at the time of the first
statewide homeless census, the number of persons living without housing
or in temporary shelters, and after that time it will mean the number
living without housing, including those who have refused a bona fide
offer of housing under the local homeless housing plan, or in temporary
shelter as of that later date plus the number who have successfully
secured and remain in transitional or permanent housing under the local
plan since the date of the first homeless census, or having secured
such housing, have moved out of the local area.
(14) "Performance measurement" means the process of comparing
specific measures of success against ultimate and interim goals.
(15) "Ending homelessness housing program" means the program
authorized under this chapter as administered by the department at the
state level and by the local government or its designated subcontractor
at the local level.
NEW SECTION. Sec. 4 There is created within the department the
ending homelessness housing program to develop and coordinate a
statewide strategic plan, and to create resources targeted to reduce
the root causes of homelessness and provide all homeless individuals
and families with decent permanent housing. The department and all
Washington county governments share the responsibility for ending
homelessness in the state of Washington within ten years. The program
will be developed and administered by the department with advice and
input from the affordable housing advisory board established in RCW
43.185B.020 and the state homeless advisory council. Once in each two-year period, the program shall be evaluated by the joint legislative
audit and review committee.
NEW SECTION. Sec. 5 The department shall annually conduct a
Washington homeless census or count. The census will count all
homeless individuals living outdoors, in shelters, and in transitional
housing. The department will collaborate with existing local homeless
census projects where they exist. The department will work with local
governments and community organizations to implement census projects in
areas of the state not currently conducting an annual census count.
All homeless census projects must make every effort to collect
basic demographic information on each homeless individual, to include:
(1) Name;
(2) Gender;
(3) Birth date;
(4) Family status and next of kin notification information;
(5) Health and disability status;
(6) Veteran status;
(7) Current housing situation;
(8) Current location and contact information;
(9) Government subsidies currently being accessed;
(10) Substance abuse issues;
(11) Employment status;
(12) Annual income;
(13) Last address;
(14) Self-declared reason for homelessness;
(15) Education and training status;
(16) Race;
(17) Additional information as determined by the department by
rule; and
(18) Additional information of interest to the local community.
All personal information collected in the census is confidential,
and the department and each local government shall take all necessary
steps to protect the identity of each person counted. The department
and each local government are prohibited from disclosing any personally
identifying information about any homeless individual when there is
reason to believe or evidence indicating that the homeless individual
is an adult or minor victim of domestic violence, dating violence,
sexual assault, or stalking or is the parent or guardian of a child
victim of domestic violence, dating violence, sexual assault, or
stalking; or revealing other confidential information regarding
HIV/AIDS status, as found in RCW 70.24.105.
The Washington homeless census must be conducted initially annually
on a schedule created by the department. The census will be
coordinated, when reasonably feasible, with already existing homeless
census projects including those funded in part by the United States
department of housing and urban development, under the McKinney-Vento
homeless assistance program.
After four years, the count must be conducted by appropriate
methodology every six months. After six years, the count must be
conducted every three months. After eight years, the count must be
conducted once each month. After ten years the count must be conducted
on a weekly basis.
The department shall create a uniform method, as part of its
homeless management information system, created under RCW 43.63A.655,
by which individual local government homeless census projects will
submit their data for statewide tabulation, analysis, and reporting,
and shall develop a methodology for determining the counts between full
census counts from available data. The department shall make the
annual statewide Washington homeless census data available to the
public each year. This data, and its analysis, will be included in the
department's annual updated ending homelessness housing program
strategic plan. Local governments will utilize the data to update
their local strategic plans.
The department shall assist local governments in improving data
collection methods for their homeless census projects to progress
towards the ultimate goal of achieving the availability of continuous
information on the number, location, and characteristics of homeless
persons and the resources available to address their homelessness.
By the end of year four, the department shall implement an online
real-time information and referral system to enable a local government
to identify available housing for a homeless person. Data collected
through this system shall also provide the department with regular
counts of the number of homeless persons acquiring housing and the
number of persons turned away without successful housing placement. A
quarterly summary including such data shall be produced and shall
include a summary of the type and quality of the housing provided to
homeless individuals. This report shall be produced by the department
and shall be available to the public for review.
By the end of year four, the department shall implement an
organizational quality management system equivalent to the Malcolm
Baldridge national quality program.
By the end of year five, the department shall apply to the
Washington state quality award program, and shall apply every five
years thereafter.
NEW SECTION. Sec. 6 Six months after the first Washington ending
homelessness census, the department shall prepare and present a ten-year ending homelessness housing program strategic plan which will
outline statewide goals and performance measures. This plan shall be
prepared with consultation from the interagency committee on
homelessness and with local governments and homeless housing providers.
The plan will be updated annually and will be annually reviewed and
approved by the governor. The department's updated plans will
subsequently be released each June. Local governments will base their
local ten-year ending homelessness housing strategic plans upon the
goals and program recommendations of the state plan.
Mandatory ending homelessness housing program performance measures
are defined within this section. Additional performance measures may
be created by the department. Mandatory performance measures must be
reflected in the department's ending homelessness housing strategic
plan as well as in local strategic plans.
The department shall issue mandatory ending homelessness housing
program performance measures that apply to both the department for
statewide outcomes and local governments for local outcomes. The
performance measures must consist of, but are not limited to, the
following:
(1) By the end of year ten, and in each subsequent year, ninety
percent of the local homeless population will be housed in long-term
private or public housing;
(2) A measure of the satisfaction of persons assisted with the
services they have received; and
(3) The adoption by the local government of plans to prevent
homelessness by addressing the root causes of homelessness, including
domestic violence, drug and alcohol abuse, the lack of affordable
housing, the lack of adequate living wage jobs, developmental
disabilities, mental illness, and the lack of effective support
services for vulnerable persons.
The department, after consultation with the affordable housing
advisory board and the interagency council on homelessness, shall
report annually to the governor and the appropriate committees of the
legislature an assessment of its performance in addressing the
statewide homeless problem, and the performance of each participating
local government in creating and executing a local ending homelessness
housing plan which meets the requirements of this chapter.
NEW SECTION. Sec. 7 Each local government must create a local
ending homelessness housing advisory council consisting of
representatives from multiple stakeholder groups. Advisory council
members could include representatives from other governmental entities
within the defined area, nonprofit community or neighborhood-based
organizations, federally recognized Indian tribes in the state of
Washington, local housing authorities, representatives from the
business community, work force training entities, health care
organizations, and regional or statewide nonprofit housing assistance
organizations. Councils must also include a homeless or formerly
homeless individual.
In lieu of creating a new local ending homelessness housing
advisory council, a local government may designate an existing body
which substantially conforms to this section and which includes at
least one homeless or formerly homeless individual to serve as its
homeless representative.
NEW SECTION. Sec. 8 Each local government shall prepare and
approve a ten-year ending homelessness housing plan for its
jurisdictional area which will be based upon the department's statewide
ten-year plan. This local plan shall be updated annually and submitted
to the department for approval. Local plans will be submitted to the
department for review and will be available to the public each year on
dates to be determined by the department. All local plans shall
include the mandatory ending homelessness housing program performance
measures as provided in section 6 of this act and additional
performance measures created by the department. Plans may include
specific local performance measures determined by the local ending
homelessness housing advisory councils, and shall include
recommendations for any state legislation needed to improve performance
and meet program goals. To be accepted by the department, a local plan
must include measures and plans reasonably calculated to achieve the
housing goals in section 6 of this act, including the ultimate goal of
housing for all persons in the local homeless population.
Sec. 9 RCW 36.22.178 and 2002 c 294 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The ((auditor)) county may retain up
to five percent of these funds collected ((to administer the
collection)) solely for the collection, administration, and local
distribution of these funds. Of the remaining funds, forty percent of
the revenue generated through this surcharge will be transmitted
monthly to the state treasurer who will deposit the funds into the
Washington housing trust account. The office of community development
of the department of community, trade, and economic development will
develop guidelines for the use of these funds to support building
operation and maintenance costs of housing projects or units within
housing projects that are affordable to extremely low-income persons
with incomes at or below thirty percent of the area median income, and
that require a supplement to rent income to cover ongoing operating
expenses. ((Sixty percent of the revenue)) All of the remaining funds
generated by this surcharge will be retained by the county and be
deposited into a fund that must be used by the county and its cities
and towns for housing projects or units within housing projects that
are affordable to very low-income persons with incomes at or below
fifty percent of the area median income. The portion of the surcharge
retained by a county shall be allocated to very low-income housing
projects or units within such housing projects in the county and the
cities within a county according to an interlocal agreement between the
county and the cities within the county, consistent with countywide and
local housing needs and policies. The funds generated with this
surcharge shall not be used for construction of new housing if at any
time the vacancy rate for available low-income housing within the
county rises above ten percent. The vacancy rate for each county shall
be developed using the state low-income vacancy rate standard developed
under subsection (3) of this section. Permissible uses of these local
funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income persons with incomes at or below fifty percent of the area
median income;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects ((built with)) eligible to
receive housing trust funds, that are affordable to very low-income
persons with incomes at or below fifty percent of the area median
income, and that require a supplement to rent income to cover ongoing
operating expenses;
(c) Rental assistance vouchers for housing projects or units within
housing projects that are affordable to very low-income persons with
incomes at or below fifty percent of the area median income, to be
administered by a local public housing authority or other local
organization that has an existing rental assistance voucher program,
consistent with the United States department of housing and urban
development's section 8 rental assistance voucher program standards;
and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
(3) The real estate research center at Washington State University
shall develop a vacancy rate standard for low-income housing in the
state as described in RCW 18.85.540(1)(i).
NEW SECTION. Sec. 10 A new section is added to chapter 36.22 RCW
to read as follows:
(1) In addition to the surcharge authorized in RCW 36.22.178, and
except as provided in subsection (2) of this section, an additional
surcharge of twenty dollars shall be charged by the county auditor for
each document recorded, which will be in addition to any other charge
allowed by law. The funds collected pursuant to this section are to be
distributed and used as follows:
(a) The auditor shall remit sixty percent to the county, of which
up to six percent may be used for administrative costs. The remainder
may be used by the county for programs which directly accomplish the
goals of the local government's strategic plan to end homelessness,
except that for each city in the county which elects as authorized in
section 14 of this act to operate its own ending homelessness housing
program, the surcharge assessed under this section and paid in
connection with transactions in that city shall be transmitted
quarterly to the city treasurer for administrative and program costs
which directly accomplish the goals of the city's strategic plan to end
homelessness.
(b) The auditor shall remit forty percent to the department of
community, trade, and economic development, one-eighth of which may be
used by the department for administration of the program established in
section 4 of this act. The remaining seven-eighths is to be
distributed by the department of community, trade, and economic
development through the ending homelessness housing grant program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
NEW SECTION. Sec. 11 A new section is added to chapter 36.22 RCW
to read as follows:
(1) In addition to the surcharges authorized in RCW 36.22.178 and
section 10 of this act, and except as provided in subsection (2) of
this section, an additional surcharge of ten dollars may be authorized
by the legislative authority of the county and charged by the county
auditor for each document recorded, which will be in addition to any
other charge allowed by law. The funds collected pursuant to this
section are to be retained by the county, except that the funds
collected in connection with a transaction in a city which operates its
own ending homelessness housing program under chapter 43.-- RCW
(sections 1 through 8, 12, and 27 through 31 of this act) shall be
transmitted quarterly to that city, and the county or city shall use
these funds solely for the purposes authorized in section 10 of this
act, provided that of the whole amount of the revenues collected under
this section not less than twenty percent shall be devoted to rental
assistance vouchers, and further provided that of the amount devoted to
rental assistance vouchers not less than seventy percent shall be used
for vouchers for tenants of privately owned dwellings.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
NEW SECTION. Sec. 12 The ending homelessness housing account is
created in the custody of the state treasurer. The state's portion of
the surcharge established in section 10 of this act must be deposited
in the account. Expenditures from the account may be used only for the
ending homelessness housing program as described in section 10(1)(b) of
this act. Only the director or the director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
NEW SECTION. Sec. 13 (1) During each calendar year in which
moneys from the ending homelessness housing account are available for
use by the department for the ending homelessness housing grant
program, the department shall announce to all Washington counties,
participating cities, and through major media throughout the state, a
grant application period of at least ninety days' duration. This
announcement will be made as often as the director deems appropriate
for proper utilization of resources. The department shall then
promptly grant as many applications as will utilize available funds,
less appropriate administrative costs of the department as described in
section 10 of this act. In awarding funds under this chapter, the
department shall strive for a geographic distribution of the funds.
(2) The department will develop, with advice and input from the
affordable housing advisory board established in RCW 43.185B.020,
criteria to evaluate grant applications.
(3) The department may approve applications only if they are
consistent with the local and state ending homelessness housing program
strategic plans and have been reviewed by the local ending homelessness
housing advisory council. The department may give preference to
applications based on some or all of the following criteria:
(a) The total homeless population in the applicant local government
service area, as reported by the most recent annual Washington ending
homelessness census;
(b) Current local expenditures to provide housing for the homeless
and to address the underlying causes of homelessness as described in
section 1 of this act;
(c) Local government and private contributions pledged to the
program in the form of matching funds, property, infrastructure
improvements, and other contributions; and the degree of leveraging of
other funds from local government or private sources for the program
for which funds are being requested, to include recipient contributions
to total project costs, including allied contributions from other
sources such as professional, craft and trade services, and lender
interest rate subsidies;
(d) Construction projects that demonstrate a strong probability of
serving homeless individuals or families for a period of at least
twenty-five years;
(e) Projects which demonstrate serving homeless populations with
the greatest needs, including projects that serve special needs
populations;
(f) The degree to which the applicant project represents a
collaboration between local governments, nonprofit community-based
organizations, local and state agencies, and the private sector;
(g) The operational capacity of the local government and its
subcontracting entity, if any, including fiscal capacity, staff
experience, and management structure;
(h) The existence of performance measures within the program's
evaluation plan to consist of the ending homelessness housing program's
mandatory performance measures as defined in section 6 of this act,
additional mandatory homeless housing performance measures which may be
defined by the department, and specific local performance measures, if
applicable;
(i) The ability to track and report on outcomes related to the
mandatory ending homelessness housing program performance measures and
other defined local performance measures;
(j) The cooperation of the local government in the annual
Washington ending homelessness census project;
(k) The commitment of the local government and any subcontracting
local governments, nonprofit organizations, and for-profit entities to
employ a diverse work force and pay the Washington housing wage;
(l) The extent, if any, that the local homeless population is
disproportionate to the revenues collected under this chapter, RCW
36.22.178, and sections 10 and 11 of this act;
(m) Other elements shown by the applicant to be directly related to
the goal and the department's state strategic plan; and
(n) After year three, an organization's performance as reported by
the affordable housing advisory board performance scorecard.
NEW SECTION. Sec. 14 (1) Only a local government is eligible to
receive a homeless housing grant from the ending homelessness housing
account. The legislature specifically assigns responsibility to
individual counties to end homelessness within their borders. All
counties receive revenue directly from sources established by RCW
36.22.178 and sections 10 and 11 of this act to accomplish this goal.
Counties are also eligible to apply for the state's portion of funding
from sources established by this chapter through the ending
homelessness housing grant program. Any city may specifically assert
responsibility for ending homelessness within its borders if it so
chooses, by forwarding a resolution to the board of county
commissioners stating its intention and its commitment to operate a
separate ending homelessness housing program. A city shall make the
determination regarding whether or not there is a need for the city to
assert control and assume responsibility for ending homelessness within
its boundaries on its own volition or upon the successful completion of
a petition by fifty citizens of the city. The city will then receive
the portion of the county funds attributable to document recordings
involving transactions within the city, which shall be transmitted
monthly by the county. A participating city may also then apply
separately and individually for ending homelessness housing program
grants. A city choosing to operate a separate ending homelessness
housing program is thereby accepting the responsibility for ending
homelessness within the city's boundaries and is responsible for
complying with all of the same reporting requirements as counties.
(2) Local governments applying for ending homelessness housing
funds may subcontract with any other local government, nonprofit
community-based organization, or private entity for the execution of
programs contributing to the overall goal of ending homelessness within
a defined service area. All subcontracts shall be consistent with the
local ending homelessness housing plan adopted by the legislative
authority of the local government and filed with the department and
shall have specific performance terms. Two or more local governments
may also work in concert to develop and execute a joint ending
homelessness housing strategic plan, or to contract with another entity
to do so. While a local government has the authority to subcontract
with other entities, the local government continues to maintain the
ultimate responsibility for ending homelessness within its borders.
(3) A county may decline to participate in the program authorized
in this chapter by forwarding to the department a resolution adopted by
the county legislative authority stating the intention not to
participate. A copy of the resolution shall also be transmitted to the
county auditor and treasurer. If such a resolution is adopted, all of
the funds otherwise due to the county under section 10 of this act
shall be remitted monthly to the department, without any reduction for
collecting or administering the funds. Upon receipt of the resolution,
the department shall promptly begin to identify and contract with one
or more entities eligible under section 13(2) of this act to create and
execute a local plan for ending homelessness in the county. The
department shall expend all of the funds received from the county under
this subsection to carry out the purposes of this chapter in the
county, provided that the department may retain six percent of these
funds to offset the cost of managing the county's program. At any
time, any fifty citizens of the county may submit a petition to the
legislative authority of the county asking them to reconsider their
decision not to participate. The legislative authority shall discuss
the petition and vote to accept or reject it in a public meeting.
(4) A resolution by the county declining to participate in the
program shall have no effect on the ability of each city in the county
to assert its right to manage its own program under this chapter. All
funds otherwise due to the city under section 13(1) of this act shall
be transmitted to the city monthly by the county.
NEW SECTION. Sec. 15 (1) The department will allocate grant
moneys from the ending homelessness housing account to finance in whole
or in part programs and projects to assist homeless individuals and
families gain access to adequate housing, prevent at-risk individuals
from becoming homeless, address the root causes of homelessness, track
and report on homeless-related data, and facilitate the movement of
homeless or formerly homeless individuals along the housing continuum
toward more stable and independent housing.
(2) Activities eligible for assistance from the ending homelessness
housing account include, but are not limited to:
(a) Shelters, transitional and related services for the homeless,
including emergency shelters, overnight youth shelters, transitional
housing, and supportive housing;
(b) Participation in a rental assistance subsidy or voucher program
created by a county or participating city or housing authority under
guidelines issued by the department;
(c) Emergency eviction prevention programs, including temporary
rental and mortgage payment subsidies to prevent homelessness;
(d) New construction, expansion, rehabilitation, or acquisition of
housing units specifically to be used to house homeless individuals and
families;
(e) Homeless supportive services directly related to assisting
families to acquire and retain stable housing;
(f) Rental deposit and security deposit assistance for individuals
and families moving into rental units;
(g) Outreach to homeless individuals and families;
(h) Homeless census data collection;
(i) Creation and ongoing management of voluntary local ending
homelessness housing advisory councils;
(j) Administrative costs when such a grant will substantially
increase the recipient's access to housing funds other than those
available under this chapter; and
(k) Technical assistance, design, and finance services and
consultation.
NEW SECTION. Sec. 16 The department will develop a consistent
statewide data gathering instrument to monitor the performance of grant
recipients in order to determine compliance with the terms and
conditions set forth in the grant application or required by the
department. The data gathering instrument shall allow the governor,
legislature, and other citizens to monitor the progress of the state
and local governments in accomplishing the goals of this chapter. The
department shall encourage and assist local governments to collaborate
with other local entities and to use relevant information from other
agencies and entities, and to assess the performance of other state
agencies whose programs impact homelessness. The department shall
evaluate the information gathered and disseminate its findings in
periodic reports. The affordable housing advisory board shall annually
publish a scorecard and summary evaluation of the performance of the
department and each local government toward meeting its goals under the
local and statewide plans, including an assessment of the following
performance measures:
(1) The reduction in homelessness from the initial count;
(2) The reduction in persons turned away without a housing
placement;
(3) The transition time from homelessness to permanent housing;
(4) The reduction in the death rate amongst the homeless
population;
(5) The cost per person housed at each level of the housing
continuum;
(6) The quality management system in place, provided that the local
government shall implement a quality management system similar to the
Baldridge criteria both for its own program and for all vendors and
grantees who receive more than twenty thousand dollars from the local
program and apply to the Washington state quality award program by the
end of year five and every five years thereafter;
(7) The ability to successfully collect data and report
performance;
(8) The extent of collaboration and coordination between public
bodies, as well as community stakeholders;
(9) The level of community support and participation in the
program;
(10) The quality and safety of housing provided;
(11) The effectiveness of outreach to homeless persons;
(12) The satisfaction of local voters and homeless persons with the
program; and
(13) The success of measures undertaken to prevent homelessness.
NEW SECTION. Sec. 17 The department will provide technical
assistance to any participating local government that requests such
assistance. Technical assistance activities may include:
(1) Assisting local governments to identify appropriate parties to
participate on local ending homelessness housing advisory councils;
(2) Assisting local governments to identify appropriate service
providers with which the local governments may subcontract for service
provision and development activities, when necessary;
(3) Assisting local governments to implement or expand homeless
census programs to meet ending homelessness housing program
requirements;
(4) Assisting in the identification of "best practices" from other
areas;
(5) Assisting in identifying additional funding sources for
specific projects; and
(6) Training local government and subcontractor staff.
NEW SECTION. Sec. 18 The department shall establish a uniform
process for participating local governments to report progress
periodically toward meeting goals relative to the mandatory performance
outcomes. At a minimum, progress towards goals and goals achieved will
be reported by each local government in its annual updated ending
homelessness housing strategic plan.
NEW SECTION. Sec. 19 The department shall advise local
governments and their subcontracting agents on the interpretation and
appropriate reporting of mandatory performance measures detailed in
this chapter, including rules regarding how a homeless person's refusal
to accept an offer of housing is to be recorded and reported.
NEW SECTION. Sec. 20 The department may issue rules regarding
the grant process and the substance of eligible programs and projects
consistent with this chapter. The department shall consider the
recommendations of the affordable housing advisory board, the state
homeless advisory council, local governments, and local ending
homelessness housing advisory councils regarding how funds are used in
their geographic areas.
NEW SECTION. Sec. 21 The affordable housing advisory board
established in RCW 43.185B.020, the state homeless advisory council,
and the interagency committee on homelessness shall advise the director
on homeless housing needs in this state, operational aspects of the
grant program and revenue collection program established by this
chapter, and implementation of the policy and goals of this chapter.
The department shall develop quantifiable measures of the major state
program and institutional causes of homelessness.
NEW SECTION. Sec. 22 The department shall ensure that the
state's interest is protected upon the development, use, sale, or
change of use of projects constructed, acquired, or financed in whole
or in part through the ending homelessness housing grant program.
These policies may include, but are not limited to: (1) Requiring a
share of the appreciation in the project in proportion to the state's
contribution to the project, or (2) requiring a lump sum repayment of
the grant upon the sale or change of use of the project.
Sec. 23 RCW 36.18.010 and 2002 c 294 s 3 are each amended to read
as follows:
County auditors or recording officers shall collect the following
fees for their official services:
For recording instruments, for the first page eight and one-half by
fourteen inches or less, five dollars; for each additional page eight
and one-half by fourteen inches or less, one dollar. The fee for
recording multiple transactions contained in one instrument will be
calculated for each transaction requiring separate indexing as required
under RCW 65.04.050 as follows: The fee for each title or transaction
is the same fee as the first page of any additional recorded document;
the fee for additional pages is the same fee as for any additional
pages for any recorded document; the fee for the additional pages may
be collected only once and may not be collected for each title or
transaction;
For preparing and certifying copies, for the first page eight and
one-half by fourteen inches or less, three dollars; for each additional
page eight and one-half by fourteen inches or less, one dollar;
For preparing noncertified copies, for each page eight and one-half
by fourteen inches or less, one dollar;
For administering an oath or taking an affidavit, with or without
seal, two dollars;
For issuing a marriage license, eight dollars, (this fee includes
taking necessary affidavits, filing returns, indexing, and transmittal
of a record of the marriage to the state registrar of vital statistics)
plus an additional five-dollar fee for use and support of the
prevention of child abuse and neglect activities to be transmitted
monthly to the state treasurer and deposited in the state general fund
plus an additional ten-dollar fee to be transmitted monthly to the
state treasurer and deposited in the state general fund. The
legislature intends to appropriate an amount at least equal to the
revenue generated by this fee for the purposes of the displaced
homemaker act, chapter 28B.04 RCW;
For searching records per hour, eight dollars;
For recording plats, fifty cents for each lot except cemetery plats
for which the charge shall be twenty-five cents per lot; also one
dollar for each acknowledgment, dedication, and description: PROVIDED,
That there shall be a minimum fee of twenty-five dollars per plat;
For recording of miscellaneous records not listed above, for the
first page eight and one-half by fourteen inches or less, five dollars;
for each additional page eight and one-half by fourteen inches or less,
one dollar;
For modernization and improvement of the recording and indexing
system, a surcharge as provided in RCW 36.22.170((.));
For recording an emergency nonstandard document as provided in RCW
65.04.047, fifty dollars, in addition to all other applicable recording
fees((.));
For recording instruments, a surcharge as provided in RCW
36.22.178;
For recording instruments, a surcharge as provided in section 10 of
this act; and
For recording instruments, a surcharge as provided in section 11 of
this act.
Sec. 24 RCW 43.185B.005 and 1993 c 478 s 1 are each amended to
read as follows:
(1) The legislature finds that:
(a) Housing is of vital statewide importance to the health, safety,
and welfare of the residents of the state;
(b) Eliminating homelessness and moving individuals and families up
the housing continuum is the state's most important housing goal;
(c) Safe, affordable housing is an essential factor in stabilizing
communities;
(((c))) (d) Residents must have a choice of housing opportunities
within the community where they choose to live;
(((d))) (e) Housing markets are linked to a healthy economy and can
contribute to the state's economy;
(((e))) (f) Land supply is a major contributor to the cost of
housing;
(((f))) (g) Housing must be an integral component of any
comprehensive community and economic development strategy;
(((g))) (h) State and local government must continue working
cooperatively toward the enhancement of increased housing units by
reviewing, updating, and removing conflicting regulatory language;
(((h))) (i) State and local government should work together in
developing creative ways to reduce the shortage of housing;
(((i))) (j) The lack of a coordinated state housing policy inhibits
the effective delivery of housing for some of the state's most
vulnerable citizens and those with limited incomes; and
(((j))) (k) It is in the public interest to adopt a statement of
housing policy objectives.
(2) The legislature declares that the purposes of the Washington
housing policy act are to:
(a) Provide policy direction to the public and private sectors in
their attempt to meet the shelter needs of Washington residents;
(b) Reevaluate housing and housing-related programs and policies in
order to ensure proper coordination of those programs and policies to
meet the housing needs of Washington residents;
(c) Improve the delivery of state services and assistance to very
low-income and low-income households and special needs populations;
(d) Strengthen partnerships among all levels of government, and the
public and private sectors, including for-profit and nonprofit
organizations, in the production and operation of housing to targeted
populations including low-income and moderate-income households;
(e) Increase the supply of housing for persons with special needs;
(f) Encourage collaborative planning with social service providers;
(g) Encourage financial institutions to increase residential
mortgage lending; and
(h) Coordinate housing into comprehensive community and economic
development strategies at the state and local level.
Sec. 25 RCW 43.185B.009 and 1993 c 478 s 3 are each amended to
read as follows:
The objectives of the Washington housing policy act shall be to
attain the state's goal of a decent home in a healthy, safe environment
for every resident of the state by strengthening public and private
institutions that are able to:
(1) Develop an adequate and affordable supply of housing for all
economic segments of the population, including the destitute;
(2) Identify and reduce the causal factors preventing the state
from reaching its goal;
(3) Assist very low-income and special needs households who cannot
obtain affordable, safe, and adequate housing in the private market;
(((3))) (4) Encourage and maintain home ownership opportunities;
(((4))) (5) Reduce life-cycle housing costs while preserving public
health and safety;
(((5))) (6) Preserve the supply of existing affordable housing;
(((6))) (7) Provide housing for special needs populations;
(((7))) (8) Ensure fair and equal access to the housing market;
(((8))) (9) Increase the availability of mortgage credit at low
interest rates; and
(((9))) (10) Coordinate and be consistent with the goals,
objectives, and required housing element of the comprehensive plan in
the state's growth management act in RCW 36.70A.070.
Sec. 26 RCW 43.185B.040 and 1993 c 478 s 12 are each amended to
read as follows:
(1) The department shall, in consultation with the affordable
housing advisory board created in RCW 43.185B.020, prepare and from
time to time amend a five-year housing advisory plan. The purpose of
the plan is to document the need for affordable housing in the state
and the extent to which that need is being met through public and
private sector programs, to facilitate planning to meet the affordable
housing needs of the state, and to enable the development of sound
strategies and programs for affordable housing. The information in the
five-year housing advisory plan must include:
(a) An assessment of the state's housing market trends;
(b) An assessment of the housing needs for all economic segments of
the state and special needs populations, including specific performance
measures on the quantity, cost, and quality of housing by county;
(c) An accurate inventory of the supply and geographic distribution
of affordable housing units made available through public and private
sector programs, updated at least yearly;
(d) A status report on the degree of progress made by the public
and private sector toward meeting the housing needs of the state, the
specific performance measures necessary to assess this program, and the
adequacy and appropriateness of current performance measures and goals;
(e) An identification of specific state and local regulatory
barriers to affordable housing and proposed regulatory and
administrative techniques designed to remove barriers to the
development and placement of affordable housing; ((and))
(f) Specific recommendations, policies, or proposals for meeting
the affordable housing needs of the state within twenty years,
including specific performance measures and goals needed to assess and
to track the performance of the state's housing programs; and
(g) A specific assessment and graded evaluation of the quality of
reports provided by the department.
(2)(a) The five-year housing advisory plan required under
subsection (1) of this section must be submitted to the legislature on
or before February 1, 1994, and subsequent plans must be submitted
every five years thereafter.
(b) Each February 1st, beginning February 1, 1995, the department
shall submit an annual progress report, to the legislature, detailing
the extent to which the state's affordable housing needs were met
during the preceding year and recommendations for meeting those needs.
NEW SECTION. Sec. 27 The department of social and health
services shall exempt payments to individuals provided under this
chapter when determining eligibility for public assistance.
NEW SECTION. Sec. 28 Neither the department nor any local
government may use any funds authorized in this act to supplant or
reduce any existing expenditures of public money for the reduction or
prevention of homelessness or services for homeless persons.
NEW SECTION. Sec. 29 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. 30 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 31 This act takes effect August 1, 2005.
NEW SECTION. Sec. 32 Sections 1 through 8, 12 through 22, and 27
through 31 of this act constitute a new chapter in Title
Correct the title.