BILL REQ. #:  H-5077.1 

READ FIRST TIME 2/7/06.   

     AN ACT Relating to community preservation; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   Major public facilities, public works, and capital projects with significant public participation generally aim to accrue broad benefits to the people of Washington. However, frequently overlooked or inadequately addressed is the interest of the stakeholder community that bears the disproportionate cost of the broad public benefit by absorbing a deleterious impact upon itself. These impacts may include dislocation, displacement, and the overall disintegration of an identifiable existing community and its historical and cultural character. The legislature finds that the preservation and restoration of the character of such a community, and the community's historical and cultural character, are important public policy goals that can be achieved through the creation of community preservation authorities.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Community" means a group of people with a distinct cultural identity or shared history who reside or work in a well-defined geographic area that currently contains, or historically contained, a high percentage of minority or low-income individuals.
     (2) "Community preservation authority" means an authority created by members of an impacted community.
     (3) "Impacted community" means a community that has been negatively impacted by the construction of major public facilities, public works, and capital projects with significant public participation.
     (4) "Major public facilities project, public works project, or capital project with significant public participation" means any capital project whose cost exceeds ten million dollars.

NEW SECTION.  Sec. 3   (1) Community preservation authorities are hereby created to restore or enhance the health, safety, and well-being of communities negatively impacted by the construction of major public facilities, public works, and capital projects with significant public participation.
     (2) Community preservation authorities have the following purposes:
     (a) To revitalize, enhance, and preserve the unique character of impacted communities;
     (b) To mitigate the negative effects of several major public facilities projects, public works projects, or capital projects with significant public participation, or a secure community transition facility as defined in RCW 71.09.020(14);
     (c) To restore a local area's sense of community;
     (d) To reduce the displacement of community members and businesses;
     (e) To stimulate the community's economic vitality;
     (f) To enhance public service provisions;
     (g) To improve the standard of living of community members;
     (h) To preserve historic buildings or areas by returning them to economically productive uses that are compatible with or enhance their historic character; and
     (i) To raise the visibility of the consequences of public actions.

NEW SECTION.  Sec. 4   (1) Members of an impacted community may propose formation of a community preservation authority to the state legislative delegation representing the area in which the community is located.
     (2) The affairs of a community preservation authority must be managed by a board of directors, including the following members:
     (a) The state legislative delegation representing the district in which the impacted community is located;
     (b) One representative each of the county council or commission and the city council in which the impacted community is located;
     (c) Two members who own or operate businesses within the community;
     (d) Two members who are involved in providing nonprofit community or social services within the community;
     (e) Two members who are involved in the arts and entertainment within the community; and
     (f) Two members with significant knowledge of the community's culture and history.

NEW SECTION.  Sec. 5   Once constituted, a community preservation authority shall:
     (1) Develop a capital projects plan to restore or enhance the health, safety, and well-being of the impacted community and to preserve and recapture its cultural and historical identity;
     (2) Include within the plan a prioritized list of projects with both capital and operating components that address one or more of the purposes under section 3 of this act;
     (3) Assist organizations that serve the impacted community to identify and successfully compete for local, state, federal, and private funding to carry out projects that will benefit the impacted area.

NEW SECTION.  Sec. 6   The community preservation authority account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for projects under this chapter.

NEW SECTION.  Sec. 7   By August 1, 2006, legislators and staff from the appropriate committees of the house of representatives and the senate, together with representatives of the governor's office and the department of community, trade, and economic development, shall recommend to the legislature statutory and budget actions to support implementation of a community preservation authorities program beginning with the 2007-2009 biennium.

NEW SECTION.  Sec. 8   Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.