3207-SAMHSANTH5194.2SHB 3207H AMD872By Representative SantosADOPTED 02/13/2006 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. Major public facilities, public works, andcapital projects with significant public funding generally aim toaccrue broad benefits to the people of Washington. However, frequentlyoverlooked or inadequately addressed is the interest of the stakeholdercommunity that bears the disproportionate cost of the broad publicbenefit by absorbing a deleterious impact upon itself. These impactsmay include dislocation, displacement, and the overall disintegrationof an identifiable existing community and its historical and culturalcharacter. The legislature finds that the preservation and restorationof the character of such a community, and the community's historicaland cultural character, are important public policy goals that can beachieved through the creation of community preservation authorities.NEW SECTION.Sec. The definitions in this section applythroughout this chapter unless the context clearly requires otherwise. (1) "Community" means a group of people who reside or work in awelldefined geographic area and who currently or historically share adistinct cultural identity or local history. (2) "Community preservation authority" means an authority createdby members of an impacted community. (3) "Impacted community" means a community that has been or has thepotential to be adversely impacted by the construction of, or ongoingoperation of, multiple major public facilities, public works, andcapital projects with significant public funding. (4) "Major public facilities project, public works project, orcapital project with significant public funding" means any capitalproject whose total cost exceeds ten million dollars. Official Print - 1 (5) "Single point of contact" means a cabinetlevel state agency directed by the legislature to work with community preservationauthorities to ensure communication and consultation among state andlocal governments and communities that may be impacted by future majorpublic facilities, public works, or capital projects with significantpublic funding.NEW SECTION.Sec. (1) Community preservation authorities arehereby created to restore or enhance the health, safety, and wellbeingof communities adversely impacted by the construction of, or ongoingoperation of, multiple major public facilities, public works, andcapital projects with significant public funding. (2) Community preservation authorities have the following purposes: (a) To revitalize, enhance, and preserve the unique character ofimpacted communities; (b) To mitigate the adverse effects of multiple major publicfacilities projects, public works projects, or capital projects withsignificant public funding, or a secure community transition facilityas 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 toeconomically productive uses that are compatible with or enhance theirhistoric character; and (i) To raise the visibility of the consequences of public policydecisions and actions.NEW SECTION.Sec. (1) Members of an impacted community maypropose formation of a community preservation authority to the statelegislative delegation representing the area in which the community islocated. (2) The affairs of a community preservation authority must bemanaged by a board of directors, including the following members: (a) Two members who own, operate, or represent businesses withinthe community; Official Print - 2 (b) Two members who are involved in providing nonprofit communityor social services within the community; (c) Two members who are involved in the arts and entertainmentwithin the community; (d) Two members with significant knowledge of the community'sculture and history; and (e) One member who is involved in a nonprofit or public planningorganization that directly serves the impacted community. (3) In appointing members to the board of directors, preferencewill be given to candidates who reside within the impacted community.NEW SECTION.Sec. Once constituted, a community preservationauthority shall: (1) Solicit input from members of its community and develop acapital projects plan to restore or enhance the health, safety, andwellbeing of the impacted community and to preserve and recapture itscultural and historical identity; (2) Include within the plan a prioritized list of projectsidentified and supported by the community, including capital oroperating components that address one or more of the purposes undersection 3 of this act; (3) Work in partnership with a designated state agency to assistorganizations that serve the impacted community to identify andsuccessfully compete for local, state, federal, and private funding tocarry out projects that will benefit the impacted area; and (4) Work with the single point of contact to ensure that state andlocal government officials communicate and consult fully with theimpacted community and with each other prior to making siting, design,and construction decisions for future public facilities, public worksprojects, and capital projects with significant public funding. Thesingle point of contact must make every effort to ensure that thecumulative effects of multiple projects upon the impacted community areconsidered.NEW SECTION.Sec. The community preservation authority accountis created in the state treasury. Moneys in the account may be spentonly after appropriation. Expenditures from the account may be usedonly for projects under this chapter. Official Print - 3 NEW SECTION.Sec. By November 15, 2006, the department ofcommunity, trade, and economic development shall develop and report tothe appropriate committees of the legislature recommendations for acommunity preservation authorities program. The department shalldevelop the recommendations within existing resources and shall consultwith at least one community that has an interest in forming such anauthority. The recommendations must include statutory and budgetaryelements needed to support the program and must address operationalissues, including: (1) The appointing authority and process by whichcommunity preservation authority board members are named; (2) stateagencies that should be considered for designation as the single pointof contact; (3) the means for establishing the authorities' eligibilityfor grant and loan programs; (4) how the community preservationauthorities program should address the potential impacts of majorpublic facilities, public works, and capital projects sited within andadjacent to the community's geographic boundaries; and (5) any otherissues that must be resolved in order to operate the program.NEW SECTION.Sec. Sections 1 through 6 of this act constitutea new chapter in Title 43 RCW.(1) Removes reference in the definition of "community" tothe percentage of minority or lowincome individuals in a geographicarea. (2) Expands the definition of "impacted community" to include acommunity with potential to be adversely impacted by future projects. (3) Adds a definition of "single point of contact," a state agencydirected to work with community preservation authorities to ensurecommunication and consultation. (4) Alters the composition of the authority board of directors byremoving the state and local elected officials and adding a memberinvolved in a planning organization that serves the impacted community. (5) Specifies that preference in board appointments be given toresidents of the impacted community. (6) Clarifies that for the capital projects plan, community inputbe solicited, the prioritized list be identified and supported by thecommunity, and the authority work in partnership with a designatedstate agency to seek funding. (7) Requires the authority and the single point of contact toensure communication and consultation among agencies and the communityprior to siting, design, and construction decisions. Official Print - 4 (8) Requires CTED to develop recommendations for a communitypreservation authorities program including statutory, budgetary, andoperational components, and report to appropriate legislativecommittees by November 15, 2006.--- END --- Official Print - 5