6728-S AMH CL H5377.1

SSB 6728  - H COMM AMD
     By Committee on Commerce & Labor

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   The legislature recognizes that providing prospective purchasers with information about prior uses and the potential presence of toxic contamination on unimproved real property that is intended to be developed for residential use allows prospective purchasers to evaluate the risks, if any, associated with a prospective purchase of the property. The legislature recognizes that the purchase of unimproved property zoned for residential use may include risks to purchasers, especially purchasers without expertise in real estate development. Therefore, this act creates a task force to review and recommend methods to inform prospective purchasers of the presence of toxic contamination on unimproved residential real property.

NEW SECTION.  Sec. 2   (1) The office of the attorney general shall convene a task force to study issues related to the residential real property disclosure statement required under chapter 64.06 RCW and methods to disclose information to prospective purchasers of unimproved real property zoned for residential use. The office of the attorney general may include in the task force stakeholders representing the Washington real estate industry, real property purchasers having experience with undisclosed toxic contamination on unimproved residential real property, consumer protection organizations, the residential construction industry, the department of ecology, and the department of licensing. The office of the attorney general may invite interested legislators to participate.
     (2) The task force shall:
     (a) Recommend improvements to methods for purchasers of unimproved real property zoned for residential use to obtain information about material conditions relating to the property, including information regarding prior industrial uses of property and the presence of buried industrial waste, utility poles and equipment, and similar material that may contain toxic contaminants;
     (b) Recommend additional methods to inform purchasers of potential toxic contamination on unimproved residential real property prior to a sale;
     (c) Recommend forms, sources of information, and practices used in transactions involving both improved and unimproved real property zoned for residential use in other states that provide information to the purchaser about conditions of unimproved property;
     (d) Identify potential sources of information relevant to conditions of unimproved property zoned for residential use. These sources may include, but are not limited to, existing real estate forms, regulatory agencies, local governments, property inspections, and environmental audits; and
     (e) Recommend methods, such as notice provisions, that could be used in transactions of unimproved real property zoned for residential use.
     (3) The task force shall report its findings and recommendations to the appropriate committees of the legislature by January 1, 2007.
     (4) This section expires January 1, 2007."

     Correct the title.

EFFECT:  Requires the Office of the Attorney General to convene a task force to study issues related to the residential real property disclosure statement and methods to disclose information to prospective purchasers of unimproved real property zoned for residential use. Requires the task force to make recommendations to the Legislature. Provides that the task force may include representatives from the real estate industry, real property purchasers having experience with undisclosed toxic contamination on unimproved residential real property, consumer protection organizations, the residential construction industry, the Department of Ecology, and the Department of Licensing. Allows the Office of the Attorney General to also invite interested legislators to participate.

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