BILL REQ. #:  H-3855.1 

Read first time 01/11/2006.   Referred to Committee on Housing.

     AN ACT Relating to providing affordable housing for all; amending RCW 43.185B.030, 43.185B.040, 36.22.178, 43.185A.020, 43.185A.050, 43.185A.070, 43.185A.900, 35.82.080, 35.21.685, 35.21.687, 35.82.230, 36.34.135, 36.34.137, 36.70A.070, 43.20A.037, 43.63A.505, 43.63A.640, 43.63A.645, 43.330.110, 43.330.165, 43.330.170, 47.12.064, 59.28.010, 70.114A.010, 70.114A.040, 70.114A.085, 70.164.010, 70.164.050, 72.09.055, 43.63A.115, and 43.185B.020; reenacting and amending RCW 36.18.010; adding a new chapter to Title 43 RCW; creating a new section; recodifying RCW 43.185A.020, 43.185A.030, 43.185A.040, 43.185A.050, 43.185A.060, 43.185A.070, 43.185A.080, 43.185A.900, 43.185A.901, 43.185A.902, 43.185B.010, 43.185B.020, 43.185B.030, 43.185B.040, 43.185B.900, 43.63A.660, 35.82.010, 35.82.030, 35.82.040, 35.82.045, 35.82.050, 35.82.060, 35.82.070, 35.82.076, 35.82.080, 35.82.090, 35.82.100, 35.82.110, 35.82.120, 35.82.130, 35.82.140, 35.82.150, 35.82.160, 35.82.170, 35.82.180, 35.82.190, 35.82.200, 35.82.210, 35.82.220, 35.82.230, 35.82.240, 35.82.250, 35.82.260, 35.82.270, 35.82.280, 35.82.285, 35.82.300, 35.82.320, 35.82.325, 35.82.900, 35.82.910, 43.185.010, 43.185.015, 43.185.020, 43.185.030, 43.185.050, 43.185.060, 43.185.070, 43.185.074, 43.185.076, 43.185.080, 43.185.090, 43.185.100, 43.185.110, 43.185.120, 43.185.900, 43.185.910, 59.28.010, 59.28.020, 59.28.030, 59.28.040, 59.28.050, 59.28.060, 59.28.070, 59.28.080, 59.28.090, 59.28.100, 59.28.120, 59.28.130, 59.28.900, 59.28.901, 59.28.902, 70.114.010, 70.114.020, 70.114A.010, 70.114A.020, 70.114A.030, 70.114A.040, 70.114A.045, 70.114A.050, 70.114A.060, 70.114A.065, 70.114A.070, 70.114A.081, 70.114A.085, 70.114A.100, 70.114A.110, 70.114A.900, 70.114A.901, 70.164.010, 70.164.020, 70.164.030, 70.164.040, 70.164.050, 70.164.060, 70.164.070, and 70.164.900; repealing RCW 43.185B.005, 43.185B.007, 43.185B.009, 43.185A.010, and 35.82.020; and making an appropriation.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that there is a large, unmet need for affordable housing in the state of Washington. The legislature declares that a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household by 2020 is a goal for state and local governments and all housing organizations and related vendors. Furthermore, this goal includes increasing the percentage of low-income households who are able to obtain and retain housing without government subsidies or other public support.
     (2) The legislature finds that the continual systematic collection and rigorous evaluation of comprehensive data regarding the state's affordable housing stock and persons requiring affordable housing is critical to planning for and achieving the state's affordable housing goal.
     (3) The legislature finds that there are many root causes of the affordable housing shortage and declares that it is critical that such causes be analyzed, effective solutions be developed, implemented, monitored, and evaluated, and that these causal factors be eliminated. The legislature also finds that there is a taxpayer and societal cost associated with a lack of living wage jobs and affordable housing and that state and local governments must identify and quantify that cost.
     (4) The legislature finds that the support and commitment of all sectors of the statewide community is critical to accomplishing the state's affordable housing for all goal. The legislature finds that the provision of housing and housing-related services should be administered at the local level. However, the state should play a primary role in: Researching, evaluating, benchmarking, and implementing best practices; continually updating and evaluating statewide housing data; developing a statewide plan to achieve the affordable housing for all goal; coordinating and supporting local government plans and activities; and providing quality management by monitoring both state and local government performance towards achieving interim and ultimate goals.
     (5) The legislature declares that the systematic and comprehensive performance measurement and evaluation of progress toward interim goals and the ultimate state affordable housing goal of a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020 is a necessary component of the statewide effort to end the lack of affordable housing crisis.

NEW SECTION.  Sec. 2   This chapter may be known and cited as the Washington affordable housing for all act.

NEW SECTION.  Sec. 3   There is created within the department the affordable housing for all program. The goal of the program is a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020. This goal includes increasing the percentage of low-income households who access affordable housing without government assistance by increasing the number of households who achieve self-sufficiency and economic independence. The goal also includes implementing strategies to slow the rising cost of new housing. The program shall be developed and administered by the department.

NEW SECTION.  Sec. 4   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Affordable housing" means housing that has a sales price or rental amount that is within the means of a household that may occupy moderate-income or low-income housing. In the case of dwelling units for rent, affordable housing means housing for which the affordable rent and utilities do not exceed thirty percent of the gross annual household income for a household below median income of the household size that may occupy the particular unit. In the case of dwelling units for sale, affordable housing means housing in which annual housing costs do not exceed thirty percent of the gross annual household income for a household below the median income of the household size that may occupy the particular unit. The department shall adopt policies for residential homeownership housing, occupied by low-income households, that specify the percentage of household income that may be spent on monthly housing costs, including utilities other than telephone, to qualify as affordable housing.
     (2) "Department" means the department of community, trade, and economic development.
     (3) "Director" means the director of the department of community, trade, and economic development.
     (4) "First-time home buyer" means an individual or his or her spouse who have not owned a home during the three-year period prior to purchase of a home.
     (5) "Nonprofit organization" means any public or private nonprofit organization that: (a) Is organized under federal, state, or local laws; (b) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and (c) has among its purposes, significant activities related to the provision of decent housing that is affordable to very low-income, low-income, or moderate-income households and special needs populations.
     (6) "Regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies, including those embodied in statutes, ordinances, regulations, or administrative procedures or processes, required to be identified by the state or local government in connection with its strategy under section 105(b)(4) of the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.).
     (7) "Affordable housing for all account" means the state treasury account receiving the state's portion of income from the revenue of sources established by section 20 of this act.
     (8) "Local affordable housing task force" means a voluntary local committee, as described in section 10 of this act, created to advise a local government on the creation and updates of the local affordable housing for all plan.
     (9) "Performance measurement" means the process of comparing specific measures of success with ultimate and interim goals.
     (10) "Performance evaluation" means the process of evaluating the performance by established objective, measurable criteria according to the achievement of outlined goals, measures, targets, standards, or other outcomes using a ranked scorecard from highest to lowest performance which employs a scale of one to one hundred, one hundred being the optimal score.
     (11) "Quality management program" means a nationally recognized program similar or equivalent to the Baldridge criteria. All local governments receiving over four hundred thousand dollars from the affordable housing for all program in RCW 36.22.178 and from the surcharge in RCW 36.22.179 shall implement a quality management program and shall apply to the Washington state quality award program once every three years.
     (12) "Affordable housing for all 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. The goal of the affordable housing for all program is to provide every low-income household in Washington with a decent, appropriate, and affordable home in a healthy, safe environment by 2020.
     (13) "Affordable housing data base" means a master data base created or purchased, implemented, and maintained by the department of all existing housing stock which has received federal, state, or local funds, funds from another nonprofit organization, financing through the Washington housing finance commission, or which is privately owned, meeting the conditions of section 6 of this act, and which is affordable to households whose adjusted income is less than eighty percent of the median household income, adjusted for household size for the county where the project is located. The data base shall also include information on other privately owned rental units provided voluntarily by owners and landlords.
     (14) "State affordable housing for all plan" means the plan developed by the department in collaboration with the affordable housing advisory board with the goal of ensuring every low-income household in Washington has a decent, appropriate, and affordable home in a healthy, safe environment by 2020. The plan must be updated annually to reflect changes in affordable housing data, market changes, and local government accomplishments and challenges.
     (15) "Local affordable housing for all plan" means the plan developed by each participating local government with the goal of ensuring every low-income household in the local jurisdiction has a decent, appropriate, and affordable home in a healthy, safe environment by 2020.
     (16) "Low-income household," for the purposes of the affordable housing for all program, means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median household income, adjusted for household size for the county where the project is located.
     (17) "Local government" means a county government in the state of Washington, or a city government, if the legislative authority of the city affirmatively elects to accept the responsibility for reaching the goals of the affordable housing for all program within its borders.
     (18) "Authority" or "housing authority" means any of the public corporations created by RCW 35.82.030 (as recodified by this act).
     (19) "City" means any city, town, or code city. "County" means any county in the state. "The city" means the particular city for which a particular housing authority is created. "The county" means the particular county for which a particular housing authority is created.
     (20) "Governing body" means, in the case of a city, the city council or the commission and in the case of a county, the county legislative authority.
     (21) "Mayor" means the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.
     (22) "Clerk" means the clerk of the city or the clerk of the county legislative authority, as the case may be, or the officer charged with the duties customarily imposed on such clerk.
     (23) "Area of operation": (a) In the case of a housing authority of a city, includes such city and the area within five miles from the territorial boundaries thereof. However, the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city; (b) in the case of a housing authority of a county, includes all of the county except that portion which lies within the territorial boundaries of any city.
     (24) "Federal government" includes the United States of America, the United States housing authority or any other agency or instrumentality, corporate or otherwise, of the United States of America.
     (25) "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals.
     (26) "Housing project" means any work or undertaking: (a) To demolish, clear, or remove buildings from any slum area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes; or (b) to provide decent, safe, and sanitary urban or rural dwellings, apartments, mobile home parks, or other living accommodations for persons of low income; such work or undertaking may include the rehabilitation of dwellings owned by persons of low income, and also may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare, or other purposes; or (c) without limitation by implication, to provide decent, safe, and sanitary urban and rural dwellings, apartments, mobile home parks, or other living accommodations for senior citizens; such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare, or other purposes; or (d) to accomplish a combination of the foregoing. "Housing project" may also apply to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements and all other work in connection therewith.
     (27) "Persons of low income," as only applied to housing authorities, means persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding.
     (28) "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by the authority under this chapter.
     (29) "Real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.
     (30) "Obligee of the authority" or "obligee" includes any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.
     (31) "Mortgage loan" means an interest-bearing obligation secured by a mortgage.
     (32) "Mortgage" means a mortgage deed, deed of trust, or other instrument securing a mortgage loan and constituting a lien on real property held in fee simple, or on a leasehold under a lease having a remaining term at the time the mortgage is acquired of not less than the term for repayment of the mortgage loan secured by the mortgage, improved or to be improved by a housing project.
     (33) "Senior citizen" means a person age sixty-two or older who is determined by the authority to be poor or infirm but who is otherwise in some manner able to provide the authority with revenue which (together with all other available moneys, revenues, income, and receipts of the authority, from whatever sources derived) will be sufficient: (a) To pay, as the same become due, the principal and interest on bonds of the authority; (b) to meet the cost of, and to provide for, maintaining and operating projects (including the cost of insurance) and administrative expenses of the authority; and (c) to create (by not less than the six years immediately succeeding the issuance of any bonds) a reserve sufficient to meet the principal and interest payments which will be due on the bonds in any one year thereafter and to maintain such reserve.
     (34) "Commercial space" means space which, because of its proximity to public streets, sidewalks, or other thoroughfares, is well suited for commercial or office use. "Commercial space" includes, but is not limited to, office as well as retail space.
     (35) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.

NEW SECTION.  Sec. 5   The department shall develop definitions and benchmarks for self-sufficiency, economic independence, and living wages based on the conditions, needs, and abilities of different target populations including special needs populations, youth, and the elderly. The department shall take into consideration the differences in populations, housing costs, and economies of the different counties and shall provide county-specific definitions when necessary. The department shall use these definitions to create performance measures for local governments and shall report annually in the statewide plan the results for each county, major city, and statewide.

NEW SECTION.  Sec. 6   (1) The department shall create or purchase, and implement a master affordable housing data base that includes specific information about existing affordable housing stock in the state of Washington by December 31, 2009. The data base shall be maintained and continually updated by the department, and the department may cross-reference and exchange information between this data base and other existing state housing data bases.
     (2) The data base shall include information on all units which meet the affordable housing definition and have received or continue to receive funding from the federal, state, or local government, or other nonprofit organization or financing through the Washington housing finance commission. The department shall encourage private landlords to voluntarily submit information about private rental units that are affordable for low-income households to be included in the data base. All other private owners of rental units shall be encouraged to voluntarily submit information about rental units that are affordable for low-income households to be included in the data base.
     (3) The data base shall include information about rental units that shall be determined by the department; however, it must include, at a minimum, measures for quality, cost, safety, and size. In addition to other data points to be determined by the department, the following data points may be collected for units entered into the data base:
     (a) Cost of the housing unit that, in the case of rental units, may include rent, average utility costs, security deposits, and any other fees required of tenants;
     (b) Size of the housing unit, including square footage, number of bedrooms, and number of bathrooms;
     (c) Specific target populations for the unit, if applicable, including, units designed to serve or limited to serving the disabled, the elderly, victims of domestic violence, families, individuals, or a specific number of persons; and
     (d) The current availability of the unit.
     (4) Other state agencies, local governments, local public agencies, including water and sewer districts, housing authorities, and other housing organizations shall cooperate with the department to create and update the affordable housing data base by providing to the department any requested existing information about housing units within the jurisdiction.
     (5) The data base shall be searchable by the department, local governments, community housing organizations, including housing authorities, and the public, according to housing characteristics determined by the department including, at a minimum, location, cost, and size. The data base will be utilized for data collection about Washington's affordable housing stock and will also serve as a low-income housing referral system to connect low-income households seeking housing with appropriate and available units.
     (6) A summary of collected performance measurement data regarding the housing stock and a corresponding analysis shall be presented annually in the statewide plan required in RCW 43.185B.040 (as recodified by this act). Local data shall also be included in the local governments' updated affordable housing for all plans under section 10 of this act. Information shall include, at a minimum, the following:
     (a) An inventory of the supply and geographic, including political geography, distribution of affordable housing units for specific income groups, including households making at or below the self-sufficiency or living wage levels, as defined by the department, and those making at or below eighty percent, fifty percent, and thirty percent of the median household income adjusted for household size for the county where the project is located, and other specific target populations;
     (b) A calculation reflecting the increase or decrease in affordable housing units from the previous twelve-month period; and
     (c) The average market cost per square foot of units, statewide, in each county, and for each major metropolitan area.

NEW SECTION.  Sec. 7   The department shall conduct a study to evaluate the potential development of a statewide, low-income household, housing waiting list data base which would include information on all low-income households requesting housing assistance for the purpose of connecting such households with appropriate housing opportunities. The study shall investigate and evaluate the following:
     (1) The anticipated benefits of such a statewide waiting list to low-income households and low-income housing providers;
     (2) The cost of implementing and maintaining the data base; and
     (3) Best practices from other states which currently have a similar data base.
     The department shall report the results of this study to the appropriate committees of the legislature by December 31, 2007.

Sec. 8   RCW 43.185B.030 and 1993 c 478 s 6 are each amended to read as follows:
     The affordable housing advisory board shall:
     (1) Analyze those solutions and programs that ((could begin to)) address the state's need for housing that is affordable for all economic segments of the state, with an emphasis on low-income populations and special needs populations, including, but not limited to, initiatives, programs, or proposals which include recommendations about or provide for:
     (a) Financing for the acquisition, rehabilitation, preservation, or construction of affordable housing in order to meet the state's affordable housing and homelessness goals;
     (b) Use of publicly owned land and buildings as sites for affordable housing;
     (c) Coordination of state initiatives with federal initiatives and financing programs that are referenced in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as amended, and development of an approved housing strategy as required in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as amended;
     (d) Identification and removal, where appropriate and not detrimental to the public health and safety, or environment, of state and local regulatory barriers to the development and placement of affordable housing;
     (e) Goals and performance measures for stimulating public and private sector cooperation in the development of affordable housing and public and private sector support to reach affordable housing and homelessness goals; and
     (f) Development of solutions and programs affecting housing, including the equitable geographic distribution of housing for all economic segments, as the advisory board deems necessary;
     (2) Consider both homeownership and rental housing as viable options for the provision of housing. The advisory board shall give consideration to various types of residential construction and innovative housing options, including, but not limited to, manufactured housing, and make annual recommendations related to the appropriate type of housing given a variety of situations and needs;
     (3) Review, evaluate, and make recommendations regarding existing and proposed housing programs and initiatives including but not limited to tax policies, land use policies, and financing programs((. The advisory board shall provide recommendations to the director, along with the department's response in the annual housing report to the legislature required in RCW 43.185B.040; and
     (4) Prepare and submit to the director, by each December 1st, beginning December 1, 1993, a report detailing its findings and make specific program, legislative, and funding recommendations and any other recommendations it deems appropriate));
     (4) Annually evaluate the department's statewide affordable housing for all plan; and
     (5) Present its findings to the department and appropriate committees of the legislature by October 31, 2007, and present annual reports by October 31st of each subsequent year.

Sec. 9   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 (as recodified by this act), prepare and ((from time to time amend a five-year)) update annually an affordable housing ((advisory)) for all plan. The plan includes the recommendations of the affordable housing advisory board annual report required in RCW 43.185B.030 (as recodified by this act) and must be coordinated with the state homeless housing strategic plan required under RCW 43.185C.040. The plan shall be created by December 31, 2007, and updated by December 31st of each subsequent year. The purpose of the plan is to document the unmet need for affordable housing in the state and the extent to which that need is being met through public and private sector programs, to outline the development of sound strategies and programs for affordable housing, to establish, evaluate, and report upon performance measures for the state and local governments, and to facilitate state and local planning to meet the state affordable housing ((needs of the state, and to enable the development of sound strategies and programs for affordable housing)) goal of ensuring a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020.
     (2) The information in the ((five-year)) affordable housing ((advisory)) for all 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;
     (c) An inventory of the supply and geographic distribution of affordable housing units made available through public and private sector programs;
     (d) A status report on the degree of progress made by the public and private sector toward meeting the housing needs of the state and each local government jurisdiction;
     (e) An identification of 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, including the recommendations of the affordable housing advisory board annual report;
     (g) Identification of key root causal factors of the affordable housing shortage and the inability of low-income households to obtain and retain appropriate housing, and identification of possible preventative strategies and related performance measures. The list of root causes shall include the cost of construction, other development costs, the inadequacy of wages to enable low-income households to obtain and retain housing, and financial management skills;
     (h) A determination of the state cost of the affordable housing shortage and the lack of living wage jobs;
     (i) Interim goals and timelines that are determined by the department and by which the state and local governments' performances may be measured;
     (j) Detailed timelines to accomplish the goal of a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020; and
     (k) Performance measures that are determined by the department with input required from the appropriate committees of the legislature, which include, at a minimum, the following:
     (i) Percentage increase of affordable housing needs being met within each twelve-month period;
     (ii) Percentage increase of families reaching self-sufficiency or economic independence as defined by the department;
     (iii) A measure of future sustainability of the affordable housing stock;
     (iv) A measure of increased collaboration and coordination among public bodies and community stakeholders, and the level of community support and participation;
     (v) Percentage increase of living wage jobs, as defined by the department; and
     (vi) Implementation of local quality management programs.
     (((2)(a))) (3) The ((five-year)) state affordable housing ((advisory)) for all plan required under subsection (1) of this section must be submitted to the appropriate committees of the legislature on or before ((February 1, 1994)) December 31, 2007, and subsequent updated plans must be submitted ((every five years)) annually by December 31st thereafter, which shall include an annual progress report detailing the extent to which the state's affordable housing needs were met during the preceding year.
     (((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)) (4) To guide local governments in preparation for their first local affordable housing for all plan required under section 12 of this act, the department shall issue, by December 31, 2007, guidelines for preparing local affordable housing for all plans consistent with this chapter. Local affordable housing for all plans shall be substantially consistent with the goals and program recommendations of the state affordable housing for all plan and shall include, at a minimum, the same performance measures as described in subsection (2) of this section.
     (5) Based on the performance of local affordable housing for all programs in meeting their interim goals on general population changes and changes in the housing market, the department may revise the performance measures and goals of the state affordable housing for all plan, set goals for years following December 31, 2020, and recommend changes in local affordable housing for all plans.

NEW SECTION.  Sec. 10   Each participating local government shall convene an affordable housing task force. The task force shall be a voluntary local committee created to prepare and recommend to its local government legislative authority an affordable housing for all plan and also to decide upon expenditures of the funds created in this chapter. The affordable housing task force shall include a representative of the county, a representative of the largest city located within the county, other members as may be required to maintain eligibility for federal funding related to housing programs and services, and a representative of a private nonprofit organization with experience in low-income housing. The task force may be the same as the homeless housing task force created in RCW 43.185C.160.

NEW SECTION.  Sec. 11   (1) Each local affordable housing task force shall prepare and recommend to its local government legislative authority an affordable housing for all plan for its jurisdictional area which must be consistent with the department's local plan guidelines and the department's state affordable housing for all plan. For local governments required or choosing to plan under RCW 36.70A.040, affordable housing for all plans shall be consistent with housing elements of comprehensive plans described in RCW 36.70A.070(2). Local plans need also be consistent with any existing local homeless housing plan required in RCW 43.185C.050. Local affordable housing for all plans shall be primarily focused on ensuring that every low-income household in the local jurisdictional area has a decent, appropriate, and affordable home in a healthy, safe environment by 2020 and on increasing the percentage of low-income households that access affordable housing without government assistance. The local affordable housing for all plan shall include performance measures, including, at a minimum, the same performance measures required of the state affordable housing for all plan outlined in RCW 43.185B.040(2)(k) (as recodified by this act), timelines for the accomplishment of interim goals, targets, and projected financing appropriate for outlined goals. Annual local plan updates shall include legislative recommendations. Local governments shall adopt a plan by April 30, 2008, and update the plan annually on or before April 30th. All plans must be forwarded to the department on or before the date of adoption.
     (2) The department shall conduct an annual performance evaluation of local affordable housing for all plans. The department shall present its performance evaluations to the appropriate committees of the legislature on or before December 31st of each year beginning in 2008.

NEW SECTION.  Sec. 12   Local governments shall report on achievements, according to stated performance measures in the local affordable housing for all plans, to the department annually by December 1st. The department shall conduct an annual performance evaluation of local governments according to their performance in achieving stated affordable housing goals. The department shall present the results of the performance evaluation in its annually updated state affordable housing for all plan.

NEW SECTION.  Sec. 13   (1) 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 its intention not to participate. A copy of the resolution shall be transmitted to the county auditor and treasurer. If a resolution is adopted, all of the funds otherwise due to the county under RCW 36.22.178 shall be remitted monthly to the state treasurer for deposit in the affordable housing for all account, without any reduction by the county 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 to create and execute a local affordable housing for all plan for the county meeting the requirements of this chapter. The department shall utilize the county's portion of the funds provided under section 18 of this act for this purpose. The department shall expend all of the funds received from the county to carry out the purposes of this chapter in the county, except that the department may retain six percent of these funds to offset the cost of managing the county's program.
     (2) A resolution by the county declining to participate in the program has no effect on the ability of each city in the county to assert its right to manage its own program under this chapter, and the county shall transmit to the city, every month, the funds due under RCW 36.18.010.
     (3) A county that has declined to participate may participate in the program authorized by this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention to participate. The department shall determine a procedure and appropriate timeline for the transfer of the program from a third-party contractor to the county.

NEW SECTION.  Sec. 14   Any city may assert responsibility for reaching the goals of the affordable housing for all program within its borders, if it so chooses, by forwarding a resolution to the legislative authority of the county stating its intention and its commitment to operate a separate affordable housing for all program. If it so chooses, the city shall receive the portion of the funds attributable to document recordings involving transactions within the city. A city choosing to operate a separate affordable housing for all program is responsible for complying with all of the same requirements as counties and shall adopt an affordable housing for all plan meeting the requirements of this chapter for local affordable housing for all plans. The city may, by resolution of its legislative authority, accept an appropriate portion of the county's affordable housing for all plan as its own.

NEW SECTION.  Sec. 15   Counties or participating cities may subcontract with any other local government, housing authority, community action agency, or other nonprofit organization for the execution of programs contributing to the goal of ensuring a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the local jurisdiction by 2020. All subcontracts must be consistent with the local affordable housing for all plan adopted by the legislative authority of the local government, time limited, and filed with the department and have specific performance terms as specified by the department. Each local government shall evaluate all of its vendors that receive funding for housing programs according to section 17 of this act. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the affordable housing for all program within its borders.

Sec. 16   RCW 36.22.178 and 2005 c 484 s 18 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 county may retain up to five percent of these funds collected solely for the collection, administration, and local distribution of these funds. Of the remaining funds, ((forty)) thirty 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)) affordable housing for all account established in section 20 of this act. The department may use these funds to accomplish the goals of this chapter including activities related to planning, evaluating, data base creation and management, and reporting. The department may also use these funds for the following other purposes:
     (a) To provide planning grants to local governments that receive less than ten thousand dollars annually through revenue created by this chapter for the purpose of the creation of local affordable housing for all plans;
     (b) To fund building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income ((persons)) households 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; and
     (c) To provide technical assistance to any participating local government that requests assistance. Technical assistance activities may include:
     (i) Assisting in identifying best practices from other areas;
     (ii) Assisting in identifying additional funding sources for specific projects;
     (iii) Assisting local governments to identify appropriate service providers with which the local government may subcontract for service provision and development activities when necessary; and
     (iv) Assisting local governments to implement a quality management program.
     (2) 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 programs and activities outlined in the local affordable housing for all plan. Housing projects or units within housing projects ((that are)) shall be affordable ((to very)) low-income ((persons)) households with incomes at or below ((fifty)) eighty percent of the area median income. The portion of the surcharge retained by a county ((shall)) may 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)), or for programs and services, consistent with countywide and local housing needs and policies outlined in local affordable housing for all plans. Local governments shall report upon performance measures established by the department in an annual report to the department as required in section 10 of this act. 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))) (4) of this section. 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)) households with incomes at or below ((fifty)) eighty percent of the area median income, including units for homeownership, rental units, and single room occupancy units;
     (b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income ((persons)) households 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)) households 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)). The department shall develop statewide guidelines for a rental assistance program by 2007; ((and))
     (d) Operating costs for emergency shelters and licensed overnight youth shelters.
     (e) Programs and services consistent with the local affordable housing for all plan; and
     (f) Activities eligible under chapter 43.185C RCW.
     (((2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.))
     (3) Local governments shall report upon expenditures of funds created by this chapter to the department every month. The report shall include the amount of funding allocated, a description of the projects funded, and the outcome or anticipated outcome of each project. The department shall create an electronic reporting system.
     (4) 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. 17   Each local government shall conduct an annual performance evaluation for each of its subcontractors or grantees that receive funding for programs and projects to accomplish the goals of this chapter and of the individual local government ending homelessness plans based upon goals, performance measures, and percentage of households obtaining economic independence, as defined by the department, to be determined by the local governments and the department which shall include the following, where applicable:
     (1) Percentage of households prevented or diverted from homelessness;
     (2) Household engagement and responsibility;
     (3) Household satisfaction with the program;
     (4) Placement of households into temporary and permanent housing;
     (5) Percentage of households obtaining permanent housing without government assistance and percentage of households obtaining economic independence, as defined by the department;
     (6) Interagency coordination and cross-system collaboration;
     (7) Quality and safety of housing units or services;
     (8) Length of time households utilize government supported housing programs;
     (9) Community support for ending homelessness and raising wages; and
     (10) Productivity or efficiency of services or products.

NEW SECTION.  Sec. 18   The sum of two million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the general fund to the department of community, trade, and economic development, for the purposes of accomplishing the planning, data system creation, data collection, and program implementation activities of this act. Of the two million dollars appropriated, the department of community, trade, and economic development shall distribute one million dollars to the participating local governments using a formula to be determined by the department and be used for local planning, data system creation, data collection, and program implementation purposes.

NEW SECTION.  Sec. 19   The department, the Washington housing finance commission, the affordable housing advisory board, and all participating local governments shall, by December 31, 2006, and annually thereafter, review current housing reporting requirements related to housing programs and services and give recommendations to the legislature by December 31, 2006, to streamline and simplify all reporting requirements.

NEW SECTION.  Sec. 20   The affordable housing for all account is created in the state treasury. The state's portion of the surcharge established in RCW 36.22.178 shall be deposited in the account. Expenditures from the account may only be used for the affordable housing for all program as described in this chapter. 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.

Sec. 21   RCW 36.18.010 and 2005 c 484 s 19 and 2005 c 374 s 1 are each reenacted and amended to read as follows:
     County auditors or recording officers shall collect the following fees for their official services:
     (1) 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;
     (2) 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;
     (3) For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
     (4) For administering an oath or taking an affidavit, with or without seal, two dollars;
     (5) 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;
     (6) For searching records per hour, eight dollars;
     (7) 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;
     (8) 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;
     (9) For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170;
     (10) For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees;
     (11) For recording instruments, a surcharge as provided in RCW 36.22.178; ((and
     [(12)])) (12) For recording instruments, except for documents recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state law, a surcharge as provided in RCW 36.22.179; and
     (13) For recording instruments, a surcharge as provided in RCW 36.22.178.

NEW SECTION.  Sec. 22   This chapter does not require either the department or any local government to expend any funds to accomplish the goals of this chapter other than the revenues authorized in this act. However, 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 to address the affordable housing shortage.

NEW SECTION.  Sec. 23   The joint legislative audit and review committee shall conduct a performance audit of the affordable housing for all programs every four years. The first audit shall be conducted on or before December 31, 2009. Each audit shall take no longer than six months or fifty thousand dollars to complete.

NEW SECTION.  Sec. 24   (1) The department shall report annually on counties planning under RCW 36.70A.040 to satisfy the affordable housing requirements of this chapter.
     (2) The report shall include:
     (a) A performance evaluation of county compliance and results in implementing adopted policies, comprehensive plans, and development regulations pertaining to affordable housing; and
     (b) A performance evaluation of county efforts in leveraging public and private funds to provide, develop, and preserve affordable housing to all.
     (3) The report shall be included in the state affordable housing for all plan.

NEW SECTION.  Sec. 25   (1) The department, in collaboration with the affordable housing advisory board, shall establish performance measures for the housing assistance program. Performance measures shall, at a minimum, include the following:
     (a) Percentage of the affordable housing need met within the last twelve-month period;
     (b) Reduction of cost per unit developed;
     (c) Percent increase in affordable units preserved; and
     (d) Percent increase in other public and private funds leveraged.
     (2) The department, in collaboration with the affordable housing advisory board, shall establish individual performance measures for housing assistance program grantees.
     (3) The department shall include performance evaluations of programs and projects financed by the housing assistance program in the annual state affordable housing for all plan.

Sec. 26   RCW 43.185A.020 and 1995 c 399 s 103 are each amended to read as follows:
     The affordable housing for all program is created in the department for the purpose of developing and coordinating public and private resources targeted to meet the affordable housing needs of low-income households in the state of Washington. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020 (as recodified by this act). The affordable housing program shall operate in coordination with the state affordable housing for all program established in section 3 of this act. Funding decisions made through the affordable housing program shall be consistent with the recommendations of the state affordable housing for all plan.

Sec. 27   RCW 43.185A.050 and 1991 c 356 s 14 are each amended to read as follows:
     (1) During each calendar year in which funds are available for use by the department for the affordable housing program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall 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, not to exceed five percent of moneys appropriated to the affordable housing program.
     (2) The department shall develop, with advice and input from the ((low-income [housing] assistance)) affordable housing advisory ((committee)) board established in RCW 43.185.110 (as recodified by this act), criteria to evaluate applications for assistance under this chapter.

Sec. 28   RCW 43.185A.070 and 1991 c 356 s 16 are each amended to read as follows:
     The director shall monitor the activities of recipients of grants and loans under this chapter to determine compliance with the terms and conditions set forth in its application or stated by the department in connection with the grant or loan. The department shall establish performance measures upon which each grant or loan recipient must report. The department shall conduct, at a minimum, annual performance evaluations of all projects receiving affordable housing program assistance. The department shall report on performance evaluations annually in the updated state affordable housing for all plan.

Sec. 29   RCW 43.185A.900 and 1991 c 356 s 9 are each amended to read as follows:
     This chapter may be known and cited as the affordable housing for all act.

Sec. 30   RCW 35.82.080 and 1989 c 363 s 3 are each amended to read as follows:
     It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for low-income dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the city or the county. Each housing authority shall annually provide performance measurement data on the attainment of these policy goals. To this end, an authority shall fix the rentals for rental units for persons of low income in projects owned or leased by the authority at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived) will be sufficient (1) to pay, as the same become due, the principal and interest on the bonds or other obligations of the authority issued or incurred to finance the projects; (2) to meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the authority; and (3) to create (during not less than the six years immediately succeeding its issuance of any such bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve. Nothing contained in this section shall be construed to limit an authority's power to rent commercial space located in buildings containing housing projects or non low-income units owned, acquired, financed, or constructed under RCW 35.82.070(5), (((16))) (18), or (((17))) (19) (as recodified by this act) at profitable rates and to use any profit realized from such rentals in carrying into effect the powers and purposes provided to housing authorities under this chapter.

Sec. 31   RCW 35.21.685 and 1986 c 248 s 1 are each amended to read as follows:
     (1) A city or town may assist in the development or preservation of publicly or privately owned housing for ((persons)) households of low income by providing loans or grants of general municipal funds to the owners or developers of the housing. The loans or grants shall be authorized by the legislative authority of the city or town. They may be made to finance all or a portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a ((person or family)) household of low income. As used in this section, "low income" means income that does not exceed eighty percent of the median income for the standard metropolitan statistical area in which the city or town is located.
     (2) Participating cities and towns shall report upon their efforts annually to the department of community, trade, and economic development housing division. Information from the report shall be included in the state and local affordable housing for all plans. Reports shall include the amount granted or loaned, the number of units developed, and the amount of time the units are guaranteed as affordable to low-income households. Cities and towns shall also report upon performance measures to be determined by the department of community, trade, and economic development, which include, at a minimum:
     (a) Percent reduction in the gap between the stock of housing available and affordable to low-income households and the amount of affordable housing needed for those households in each participating municipality;
     (b) Percent increase in rental and homeownership units available and affordable to low-income households in each municipality; and
     (c) Percent increase of local public and private fund investments into affordable housing development.
     (3) Housing constructed with loans or grants made under this section shall not be considered public works or improvements subject to competitive bidding or a purchase of services subject to the prohibition against advance payment for services: PROVIDED, That whenever feasible the borrower or grantee shall make every reasonable and practicable effort to utilize a competitive public bidding process.

Sec. 32   RCW 35.21.687 and 1995 c 399 s 37 are each amended to read as follows:
     (1) Every city and town, including every code city operating under Title 35A RCW, shall identify and catalog real property owned by the city or town that is no longer required for its purposes and is suitable for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. Every city and town shall provide a copy of the inventory to the department of community, trade, and economic development by November 1, 1993, with inventory revisions each November 1st thereafter. The list of all available property and a description of its suitability for low-income housing shall be included in the local affordable housing for all plan as required in section 11 of this act.
     (2) By November 1st of each year, beginning in 1994, every city and town, including every code city operating under Title 35A RCW, shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The inventory revision shall also contain a list of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land.
     (3) By November 1st of each year, beginning in 2007, the inventory revision provided to the department of community, trade, and economic development shall include a report on properties that were used, or are in the process of being used, for the development of affordable housing, according to guidelines developed by the department. The report shall include the following information:
     (a) The number of properties that were used for the development of affordable housing;
     (b) The number of rental units and the number of units for homeownership produced on each of the properties;
     (c) The population of low-income households for which each unit is affordable, such as the number of affordable units for households whose income does not exceed eighty percent, fifty percent, and thirty percent of the median income for the standard metropolitan statistical area; and
     (d) The length of time each unit is guaranteed to remain affordable to the population at the income level it was intended to house.
     (4) The department of community, trade, and economic development shall consolidate municipal reports required in subsection (3) of this section into a single statewide report that is provided to the appropriate committees of the legislature each year by December 31, 2007.

Sec. 33   RCW 35.82.230 and 1965 c 7 s 35.82.230 are each amended to read as follows:
     At least once a year, an authority shall file with the clerk a report of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this chapter. This report shall be integrated into the local affordable housing for all plan as required under section 10 of this act.

NEW SECTION.  Sec. 34   Every year, beginning in 2007, the department of community, trade, and economic development shall conduct a performance evaluation of housing authorities that have received funding from the state or financing through the Washington housing finance commission for housing projects during the previous twenty-four months.

Sec. 35   RCW 36.34.135 and 1993 c 461 s 6 are each amended to read as follows:
     If a county owns property that is located anywhere within the county, including within the limits of a city or town, and that is suitable for affordable housing, the legislative authority of the county may, by negotiation, lease the property for affordable housing for a term not to exceed seventy-five years to any public housing authority or nonprofit organization that has demonstrated its ability to construct or operate housing for very low-income, low-income, or moderate-income households as defined in RCW 43.63A.510 and special needs populations. Leases for housing for very low-income, low-income, or moderate-income households and special needs populations shall not be subject to any requirement of periodic rental adjustments, as provided in RCW 36.34.180, but shall provide for such fixed annual rents as appear reasonable considering the public, social, and health benefits to be derived by providing an adequate supply of safe and sanitary housing for very low-income, low-income, or moderate-income households and special needs populations. A report on all properties utilized for low-income housing projects must be included in the local affordable housing for all plan as required under section 10 of this act.

Sec. 36   RCW 36.34.137 and 1993 c 461 s 5 are each amended to read as follows:
     (1) Every county shall identify and catalog real property owned by the county that is no longer required for its purposes and is suitable for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. Every county shall provide a copy of the inventory to the department of community, trade, and economic development by November 1, 1993, with inventory revisions each November 1st thereafter. The list of all available property and a description of its suitability for low-income housing shall be included in the local affordable housing for all plan as required under section 10 of this act.
     (2) By November 1st of each year, beginning in 1994, every county shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The inventory revision shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land.
     (3) By November 1st of each year, beginning in 2006, the inventory revision provided to the department of community, trade, and economic development shall include a report on properties that were used, or are in the process of being used, for the development of affordable housing. The report shall include the following information:
     (a) The number of properties that were used for the development of affordable housing;
     (b) The number of rental units and the number of units for homeownership produced on each of the properties;
     (c) The population of low-income households for which each unit is affordable, such as the number of affordable units for households whose income does not exceed eighty percent, fifty percent, and thirty percent of the median income for the standard metropolitan statistical area; and
     (d) The length of time each unit is guaranteed to remain affordable to the population at the income level it was intended to house.
     (4) The department of community, trade, and economic development shall consolidate municipal reports required in subsection (3) of this section into a single statewide report that is provided to the appropriate committees of the legislature each year by December 31, 2007.

Sec. 37   RCW 36.70A.070 and 2005 c 360 s 2 are each amended to read as follows:
     The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.
     Each comprehensive plan shall include a plan, scheme, or design for each of the following:
     (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
     (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, performance measures with targets and dates, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing for all economic segments of the community, including single-family residences and affordable rental housing; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community. The housing element shall be coordinated and consistent with any existing local government affordable housing for all plan, shall include the goal of a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household by 2020, and shall include equivalent performance measures as described in RCW 43.185B.040(2)(k) (as recodified by this act).
     (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.
     (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
     (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
     (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
     (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.
     (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
     (i) Containing or otherwise controlling rural development;
     (ii) Assuring visual compatibility of rural development with the surrounding rural area;
     (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;
     (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and
     (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.
     (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:
     (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.
     (A) A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection.
     (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
     (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5);
     (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;
     (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(((14))) (15). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(((14))) (15). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
     (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;
     (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:
     (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;
     (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or
     (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
     (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
     (6) A transportation element that implements, and is consistent with, the land use element.
     (a) The transportation element shall include the following subelements:
     (i) Land use assumptions used in estimating travel;
     (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
     (iii) Facilities and services needs, including:
     (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;
     (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;
     (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;
     (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;
     (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;
     (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;
     (iv) Finance, including:
     (A) An analysis of funding capability to judge needs against probable funding resources;
     (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ((six)) ten-year improvement program developed by the department of transportation as required by RCW 47.05.030;
     (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
     (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
     (vi) Demand-management strategies;
     (vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles.
     (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.
     (c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year plan required by RCW 47.05.030 for the state, must be consistent.
     (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.
     (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.
     (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.

Sec. 38   RCW 43.20A.037 and 1995 c 399 s 65 are each amended to read as follows:
     (1) The department shall identify and catalog real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. The department shall provide a copy of the inventory to the department of community, trade, and economic development by November 1, 1993, and every November 1st thereafter. The list of all available property and a description of its suitability for low-income housing shall be included in the state affordable housing for all plan as required in RCW 43.185B.040 (as recodified by this act).
     (2) By November 1st of each year, beginning in 1994, the department shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The department shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land.
     (3) By November 1st of each year, beginning in 2006, the inventory revision produced by the department shall include a report on properties that were used, or are in the process of being used, for the development of affordable housing. The report shall include the following information:
     (a) The number of properties that were used for the development of affordable housing;
     (b) The number of rental units and the number of units for homeownership produced on each of the properties;
     (c) The population of low-income households for which each unit is affordable, such as the number of affordable units for households whose income does not exceed eighty percent, fifty percent, and thirty percent of the median income for the standard metropolitan statistical area; and
     (d) The length of time each unit is guaranteed to remain affordable to the population at the income level it was intended to house.
     (4) The department of community, trade, and economic development shall produce a single statewide report which will be included in its state affordable housing for all plan.

Sec. 39   RCW 43.63A.505 and 1999 c 164 s 202 are each amended to read as follows:
     (1) The department shall establish and administer a "one-stop clearinghouse" to coordinate state assistance for growers and nonprofit organizations in developing housing for agricultural employees. Growers, housing authorities, and nonprofit organizations shall have direct access to the one-stop clearinghouse. The department one-stop clearinghouse shall provide assistance on planning and design, building codes, temporary worker housing regulations, financing options, and management to growers and nonprofit organizations interested in farmworker construction. The department one-stop clearinghouse shall also provide educational materials and services to local government authorities on Washington state law concerning farmworker housing.
     (2) The department shall report on the performance of the one-stop clearinghouse by December 31st of each year as part of its report on the state affordable housing for all program and shall make recommendations for improvement. Performance measures for all state-supported farmworker housing activities shall be included in the state affordable housing for all plan. The performance measures to be included in the report are the following, at a minimum:
     (a) Percent of farmworker housing developed within the last twelve-month period that received assistance from the one-stop clearinghouse;
     (b) Percent of farmworker housing need met in the state;
     (c) Percent of farmworker housing developed within the last twelve-month period that complies with building codes and temporary worker housing regulations; and
     (d) Amount leveraged in public and private dollars for the development of farmworker housing within the last twelve-month period.

Sec. 40   RCW 43.63A.640 and 1994 c 114 s 5 are each amended to read as follows:
     The department shall carry out the following duties:
     (1) Administer the program;
     (2) Identify organizations eligible to receive funds to implement the program;
     (3) Develop and adopt the necessary rules and procedures for implementation of the program and for dispersal of program funds to eligible organizations;
     (4) Establish performance measures for the program to include the following:
     (a) Percentage of households that retained housing due to the program's intervention; and
     (b) Percentage of on-time loan payments during the last twelve-month period.
     (5) Establish the interest rate for repayment of loans at two percent below the market rate;
     (((5))) (6) Work with lending institutions and social service providers in the eligible communities to assure that all eligible persons are informed about the program;
     (((6))) (7) Utilize federal and state programs that complement or facilitate carrying out the program;
     (((7))) (8) Ensure that local eligible organizations that dissolve or become ineligible assign their program funds, rights to loan repayments, and loan security instruments, to the government of the county in which the local organization is located. If the county government accepts the program assets described in this subsection, it shall act as a local eligible organization under the provisions of RCW ((43.63A.600 through)) 43.63A.640. If the county government declines to participate, the program assets shall revert to the department;
     (9) Include activities, performance measures, and outcomes of activities of the program in the state affordable housing for all plan.

Sec. 41   RCW 43.63A.645 and 1999 c 267 s 5 are each amended to read as follows:
     The department shall, by rule, establish program standards, performance measures, eligibility standards, eligibility criteria, and administrative rules for emergency housing programs and specify other benefits that may arise in consultation with providers.

Sec. 42   RCW 43.330.110 and 1993 c 280 s 14 are each amended to read as follows:
     (1) The department shall maintain an active effort to help communities, families, and individuals build and maintain capacity to meet housing needs in Washington state. The department shall facilitate partnerships among the many entities related to housing issues and leverage a variety of resources and services to produce comprehensive, cost-effective, and innovative housing solutions.
     (2) The department shall assist in the production, development, rehabilitation, and operation of owner-occupied or rental housing for very low, low, and moderate-income persons; operate programs to assist home ownership, offer housing services, and provide emergency, transitional, and special needs housing services; and qualify as a participating state agency for all programs of the federal department of housing and urban development or its successor. The department shall develop or assist local governments in developing housing plans required by the state or federal government.
     (3) The department shall coordinate and administer energy assistance and residential energy conservation and rehabilitation programs of the federal and state government through nonprofit organizations, local governments, and housing authorities.
     (4) The department shall include information on its activities, outcomes, and performance measures in the state affordable housing for all plan.

Sec. 43   RCW 43.330.165 and 1998 c 37 s 8 are each amended to read as follows:
     (1) The department shall work with the advisory group established in subsection (2) of this section to review proposals and make prioritized funding recommendations to the department or funding approval board that oversees the distribution of housing trust fund grants and loans to be used for the development, maintenance, and operation of housing for low-income farmworkers.
     (2) A farmworker housing advisory group representing growers, farmworkers, and other interested parties shall be formed to assist the department in the review and priority funding recommendations under this section.
     (3) The department shall establish performance measures for farmworker programs receiving state funding to include the following:
     (a) Percentage of need for farmworker housing met within the last twelve-month period; and
     (b) Percentage of farmworkers who have obtained permanent housing.
     (4) The department shall include farmworker housing performance measures in its state affordable housing for all plan.

Sec. 44   RCW 43.330.170 and 2002 c 294 s 4 are each amended to read as follows:
     The office of community development of the department of community, trade, and economic development is directed to conduct a statewide housing market analysis by region. The purpose of the analysis is to identify areas of greatest need for the appropriate investment of state affordable housing funds, using vacancy data and other appropriate measures of need for low-income housing. The analysis shall include the number and types of projects that counties have developed using the funds collected under chapter 294, Laws of 2002. The analysis shall be completed by September 2003, and updated ((every two years)) annually thereafter. The analysis shall be included in the state affordable housing for all plan.

Sec. 45   RCW 47.12.064 and 1995 c 399 s 121 are each amended to read as follows:
     (1) The department shall identify and catalog real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. The department shall provide a copy of the inventory to the department of community, trade, and economic development by November 1, 1993, and every November 1st thereafter. The list of all available property and a description of its suitability for low-income housing must be included in the state affordable housing for all plan.
     (2) By November 1st of each year, beginning in 1994, the department shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The department shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land.
     (3) By November 1st of each year, beginning in 2006, the inventory revision produced by the department shall include a report on properties that were used, or are in the process of being used, for the development of affordable housing. The report shall include the following information:
     (a) The number of properties that were used for the development of affordable housing;
     (b) The number of rental units and the number of units for homeownership produced on each of the properties;
     (c) The population of low-income households for which each unit is affordable, such as the number of affordable units for households whose income does not exceed eighty percent, fifty percent, and thirty percent of the median income for the standard metropolitan statistical area;
     (d) The length of time each unit is guaranteed to remain affordable to the population at the income level it was intended to house.
     (4) The department of community, trade, and economic development shall produce a single statewide report which will be included in its state affordable housing for all plan.

Sec. 46   RCW 59.28.010 and 1989 c 188 s 1 are each amended to read as follows:
     The legislature finds that:
     (1) There is a severe shortage of federally assisted housing within the state of Washington. Over one hundred seventy thousand low and moderate-income households are eligible for federally assisted housing but are unable to locate vacant units.
     (2) Within the next twenty years, more than twenty-six thousand existing low-income housing units may be lost as a result of the prepayment of mortgages or loans by the owners, or as a result of the expiration of rental assistance contracts. Over three thousand units of federally assisted housing have already been lost and an additional nine thousand units may be lost within the next two and one-half years.
     (3) Recent reductions in federal housing assistance and tax benefits related to low-income housing make it uncertain whether additional units of federally assisted housing will be built or that those lost will be replaced.
     (4) The loss of federally assisted housing will adversely affect current tenants and lead to their displacement. It will also drastically reduce the supply of affordable housing in our communities.
     It is the purpose of this chapter to preserve federally assisted housing in the state of Washington and to minimize the involuntary displacement of tenants currently residing in such housing. The preservation of existing federally assisted housing is a critical strategy in achieving the state's goal of a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020.

Sec. 47   RCW 70.114A.010 and 1995 c 220 s 1 are each amended to read as follows:
     The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary.
     Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing.
     The development of temporary and permanent worker housing is a critical strategy in achieving the state's goal of a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020. Information on activities, outcomes, and performance measures of the department under this chapter shall be included in the state affordable housing for all plan.

Sec. 48   RCW 70.114A.040 and 1995 c 220 s 4 are each amended to read as follows:
     The department ((is designated the single state agency responsible for encouraging)) shall collaborate with the departments of community, trade, and economic development, agriculture, and labor and industries to encourage the development of additional temporary worker housing((, and shall be)). The department of community, trade, and economic development is responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing. Information on the performance and efforts of all state departments under this chapter shall be included by the department of community, trade, and economic development in the state affordable housing for all plan.

Sec. 49   RCW 70.114A.085 and 1999 c 374 s 11 are each amended to read as follows:
     The department, in collaboration with the departments of community, trade, and economic development, agriculture, and labor and industries, shall prepare a report to the legislature on utilization of the temporary worker building code authorized by RCW 70.114A.081 (as recodified by this act). The report shall include the number of housing units, number of families or individuals housed, number of growers obtaining permits, the geographic distribution of the permits, and recommendations of changes in the temporary worker building code necessary to avoid health and safety problems for the occupants. The report shall be ((transmitted to the senate committee on commerce, trade, housing and financial institutions and the house of representatives committee on economic development, housing and trade by December 15, 2000, and an update shall be transmitted every two years thereafter)) included in the department of community, trade, and economic development affordable housing for all plan. The department of community, trade, and economic development shall report on performance measures established by the department to include, at a minimum, the percentage of temporary and permanent housing need met within the preceding twelve-month period.

Sec. 50   RCW 70.164.010 and 1987 c 36 s 1 are each amended to read as follows:
     The legislature finds and declares that weatherization of the residences of low-income households will help conserve energy resources in this state and can reduce the need to obtain energy from more costly conventional energy resources. The legislature also finds that rising energy costs have made it difficult for low-income citizens of the state to afford adequate fuel for residential space heat. Weatherization of residences will lower energy consumption, making space heat more affordable for persons in low-income households. Weatherization will also reduce overall household costs, which increases the ability of low-income households to maintain safe, quality housing and thus contributes to achieving the state's goal of a decent, appropriate, and affordable home in a healthy, safe environment for every low-income household in the state by 2020. It will also reduce the uncollectible accounts of fuel suppliers resulting from low-income customers not being able to pay fuel bills.
     The program implementing the policy of this chapter is necessary to support the poor and infirm and also to benefit the health, safety, and general welfare of all citizens of the state.

Sec. 51   RCW 70.164.050 and 1987 c 36 s 5 are each amended to read as follows:
     (1) The department is responsible for ensuring that sponsors and weatherizing agencies comply with the state laws, the department's rules, and the sponsor's proposal in carrying out proposals.
     (2) Before a residence is weatherized, the department shall require that an energy assessment be conducted.
     (3) Sponsors and the department shall maintain an unlimited waiting list of weatherization program applicants, including contact information. Waiting list information shall be provided by sponsors to the department on a schedule to be determined by the department.

NEW SECTION.  Sec. 52   (1) The department shall include performance measures related to the weatherization assistance program in the state affordable housing for all plan. Performance measures shall be established by the department; however, the measures must include, at a minimum, the following information by county and major city:
     (a) Percent of low-income households requesting assistance that receive assistance; and
     (b) Percent of low-income households receiving assistance that pay less than thirty percent of household income on housing costs, including heating the residence.
     (2) Performance evaluations shall be conducted for each participating vendor.

Sec. 53   RCW 72.09.055 and 1995 c 399 s 202 are each amended to read as follows:
     (1) The department shall identify and catalog real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall include the location, approximate size, and current zoning classification of the property. The department shall provide a copy of the inventory to the department of community, trade, and economic development by November 1, 1993, and every November 1st thereafter. The list of all available property and a description of its suitability for low-income housing shall be included in the state affordable housing for all plan as required in RCW 43.185B.040 (as recodified by this act).
     (2) By November 1st of each year, beginning in 1994, the department shall purge the inventory of real property of sites that are no longer available for the development of affordable housing. The department shall include an updated listing of real property that has become available since the last update. As used in this section, "real property" means buildings, land, or buildings and land.
     (3) By November 1st of each year, beginning in 2006, the inventory revision provided to the department of community, trade, and economic development shall include a report on properties that were used, or are in the process of being used, for the development of affordable housing. The report shall include the following information:
     (a) The number of properties that were used for the development of affordable housing;
     (b) The number of rental units and the number of units for homeownership produced on each of the properties;
     (c) The population of low-income households for which each unit is affordable, such as the number of affordable units for households whose income does not exceed eighty percent, fifty percent, and thirty percent of the median income for the standard metropolitan statistical area; and
     (d) The length of time each unit is guaranteed to remain affordable to the population at the income level it was intended to house.
     (4) The department of community, trade, and economic development shall consolidate municipal reports required in subsection (3) of this section into a statewide report that is provided to the appropriate committees of the legislature each year by December 31st.

Sec. 54   RCW 43.63A.115 and 1993 c 280 s 60 are each amended to read as follows:
     (1) The community action agency network, established initially under the federal economic opportunity act of 1964 and subsequently under the federal community services block grant program of 1981, as amended, shall be a delivery system for federal and state anti-poverty programs in this state, including but not limited to the community services block grant program, the low-income energy assistance program, and the federal department of energy weatherization program.
     (2) Local community action agencies comprise the community action agency network. The community action agency network shall serve low-income persons in the counties. Each community action agency and its service area shall be designated in the state federal community service block grant plan as prepared by the department of community, trade, and economic development.
     (3) Funds for anti-poverty programs may be distributed to the community action agencies by the department of community, trade, and economic development and other state agencies in consultation with the authorized representatives of community action agency networks.
     (4) Information regarding community action agency affordable housing programs and performance measures shall be included in the state affordable housing for all plan required in RCW 43.185B.040 (as recodified by this act).
     (5) The department of community, trade, and economic development shall conduct an annual performance evaluation of all community action agency affordable housing programs.

Sec. 55   RCW 43.185B.020 and 2003 c 40 s 1 are each amended to read as follows:
     (1) The department shall establish the affordable housing advisory board to consist of ((twenty-two)) seventeen members.
     (a) ((The following nineteen)) Members shall be appointed by the governor on the basis of geographic distribution, cultural diversity, and their expertise in one or more of the following fields:
     (i) ((Two representatives of the)) Residential construction ((industry));
     (ii) ((Two representatives of the)) Home mortgage lending ((profession));
     (iii) ((One representative of the)) Real estate sales ((profession));
     (iv) ((One representative of the)) Apartment management and operations ((industry));
     (v) ((One representative of the)) For-profit and nonprofit housing development ((industry));
     (vi) ((One representative of)) For-profit and nonprofit rental housing ((owners));
     (vii) ((One representative of the nonprofit housing development industry;
     (viii) One representative of)) Homeless shelter ((operators)) operations and services;
     (((ix) One representative of lower-income persons;
     (x) One representative of)) (viii) Special needs ((populations)) population services;
     (((xi) One representative of)) (ix) Public housing authorities ((as created)) under chapter 35.82 RCW;
     (((xii))) (x) Two representatives ((of)) shall be appointed by the governor from among persons nominated by the Washington association of counties, one ((representative)) shall be from a county that is located east of the crest of the Cascade mountains, and one shall be from a county that is located west of the crest of the Cascade mountains;
     (((xiii))) (xi) Two representatives ((of)) shall be appointed by the governor from among persons nominated by the association of Washington cities, one ((representative)) shall be from a city that is located east of the crest of the Cascade mountains, and one shall be from a city that is located west of the crest of the Cascade mountains; and
     (((xiv))) (xii) One representative shall be appointed by the governor to serve as chair of the affordable housing advisory board((;
     (xv) One representative at large)).
     (b) The following three members shall serve as ex officio((, nonvoting)) members:
     (i) The director or the director's designee;
     (ii) The executive director of the Washington state housing finance commission or the executive director's designee; and
     (iii) The secretary of social and health services or the secretary's designee.
     (2)(((a))) The members of the affordable housing advisory board appointed by the governor shall be appointed for four-year terms, except that the chair shall be appointed to serve a two-year term. The terms of five of the initial appointees shall be for two years from the date of appointment and the terms of six of the initial appointees shall be for three years from the date of appointment. The governor shall designate the appointees who will serve the two-year and three-year terms. Members current in 2006 shall serve out the remainders of their appointed terms. The members of the advisory board shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (((b) The governor, when making appointments to the affordable housing advisory board, shall make appointments that reflect the cultural diversity of the state of Washington.))
     (3) The affordable housing advisory board shall serve as the ((department's)) state's principal advisory body on housing and housing-related issues((, and replaces the department's existing boards and task forces on housing and housing-related issues)).
     (4) The affordable housing advisory board shall meet regularly and may appoint technical advisory committees, which may include members and nonmembers of the affordable housing advisory board, as needed to address specific issues and concerns.
     (5) The department, in conjunction with the Washington state housing finance commission and the department of social and health services, shall supply such information and assistance as are deemed necessary for the advisory board to carry out its duties under this section.
     (6) The department shall provide administrative and clerical assistance to the affordable housing advisory board.

NEW SECTION.  Sec. 56   All entities receiving state funding or funding from the housing finance commission for housing projects shall implement a quality management program by December 31, 2008. All entities receiving one hundred thousand dollars or more annually from the state for housing programs shall apply to the Washington state quality award program once within every three-year period with the first application due on or before December 31, 2009.

NEW SECTION.  Sec. 57   RCW 43.185A.020, 43.185A.030, 43.185A.040, 43.185A.050, 43.185A.060, 43.185A.070, 43.185A.080, 43.185A.900, 43.185A.901, 43.185A.902, 43.185B.010, 43.185B.020, 43.185B.030, 43.185B.040, 43.185B.900, 43.63A.660, 35.82.010, 35.82.030, 35.82.040, 35.82.045, 35.82.050, 35.82.060, 35.82.070, 35.82.076, 35.82.080, 35.82.090, 35.82.100, 35.82.110, 35.82.120, 35.82.130, 35.82.140, 35.82.150, 35.82.160, 35.82.170, 35.82.180, 35.82.190, 35.82.200, 35.82.210, 35.82.220, 35.82.230, 35.82.240, 35.82.250, 35.82.260, 35.82.270, 35.82.280, 35.82.285, 35.82.300, 35.82.320, 35.82.325, 35.82.900, 35.82.910, 43.185.010, 43.185.015, 43.185.020, 43.185.030, 43.185.050, 43.185.060, 43.185.070, 43.185.074, 43.185.076, 43.185.080, 43.185.090, 43.185.100, 43.185.110, 43.185.120, 43.185.900, 43.185.910, 59.28.010, 59.28.020, 59.28.030, 59.28.040, 59.28.050, 59.28.060, 59.28.070, 59.28.080, 59.28.090, 59.28.100, 59.28.120, 59.28.130, 59.28.900, 59.28.901, 59.28.902, 70.114.010, 70.114.020, 70.114A.010, 70.114A.020, 70.114A.030, 70.114A.040, 70.114A.045, 70.114A.050, 70.114A.060, 70.114A.065, 70.114A.070, 70.114A.081, 70.114A.085, 70.114A.100, 70.114A.110, 70.114A.900, 70.114A.901, 70.164.010, 70.164.020, 70.164.030, 70.164.040, 70.164.050, 70.164.060, 70.164.070, and 70.164.900 are each recodified as sections in chapter 43.--- RCW (created in section 58 of this act).

NEW SECTION.  Sec. 58   Sections 1 through 7, 10 through 15, 17, 19, 20, 22 through 25, 34, 52, and 56 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 59   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. 60   The following acts or parts of acts are each repealed:
     (1) RCW 43.185B.005 (Finding) and 2005 c 484 s 22 & 1993 c 478 s 1;
     (2) RCW 43.185B.007 (Goal) and 1993 c 478 s 2;
     (3) RCW 43.185B.009 (Objectives) and 2005 c 484 s 23 & 1993 c 478 s 3;
     (4) RCW 43.185A.010 (Definitions) and 2000 c 255 s 9, 1995 c 399 s 102, & 1991 c 356 s 10; and
     (5) RCW 35.82.020 (Definitions) and 1989 c 363 s 1, 1983 c 225 s 1, 1979 ex.s. c 187 s 1, 1977 ex.s. c 274 s 1, & 1965 c 7 s 35.82.020.