2115-S AMS WM MOOP 002 

SHB 2115 - S COMM AMD

   By    By Committee on Ways & Means

   Offered by Senator Prentice

ADOPTED 4/11/2007

   Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that historic barns are essential symbols of Washington's heritage representing a pioneering spirit of industriousness. Important for their association with broad patterns of agricultural history and community development and as examples of distinct architectural styles and methods of construction, historic barns serve as highly visible icons for local residents and visitors alike. The legislature acknowledges that factors such as changes in the agricultural economy and farming technologies, prohibitive rehabilitation costs, development pressures, and regulations restricting new uses, collectively work to endanger historic barns statewide and contribute to their falling into decay or being demolished altogether.

   As historic barns represent irreplaceable resources, and recognizing that barn preservation will work to retain these structures as functional and economically viable elements of working lands, the purpose of this act is to create a system acknowledging heritage barns statewide that provides emergency assistance to heritage barn owners through matching grants, assesses the need for long-term barn preservation, and considers additional incentives and regulatory revisions that work toward the preservation of heritage barns as integral components of Washington's historic landscapes.

   NEW SECTION. Sec. 2. (1) The Washington state heritage barn preservation program is created in the department.

   (2) The director, in consultation with the heritage barn preservation advisory board, shall conduct a thematic study of Washington state's barns. The study shall include a determination of types, an assessment of the most unique and significant barns in the state, and a condition and needs assessment of historic barns in the state.

   (3)(a) The department, in consultation with the heritage barn preservation advisory board, shall establish a heritage barn recognition program. To apply for recognition as a heritage barn, the barn owner shall supply to the department photos of the barn, photos of the farm and surrounding landscape, a brief history of the farm, and a construction date for the barn.

   (b) Three times a year, the governor's advisory council on historic places shall review the list of barns submitted by the department for formal recognition as a heritage barn.

   (4) Eligible applicants for heritage barn preservation fund awards include property owners, nonprofit organizations, and local governments.

   (5) To apply for support from the heritage barn preservation fund, an applicant must submit an application to the department in a form prescribed by the department. Applicants must provide at least fifty percent of the cost of the project through in-kind labor, the applicant's own moneys, or other funding sources.

   (6) The following types of projects are eligible for funding:

   (a) Stabilization of endangered heritage barns and related agricultural buildings, including but not limited to repairs to foundations, sills, windows, walls, structural framework, and the repair and replacement of roofs; and

   (b) Work that preserves the historic character, features, and materials of a historic barn.

   (7) In making awards, the advisory board shall consider the following criteria:

   (a) Relative historical and cultural significance of the barn;

   (b) Urgency of the threat and need for repair;

   (c) Extent to which the project preserves historic character and extends the useful life of the barn or associated agricultural building;

   (d) Visibility of the barn from a state designated scenic byway or other publicly traveled way;

   (e) Extent to which the project leverages other sources of financial assistance;

    (f) Provision for long-term preservation;

   (g) Readiness of the applicant to initiate and complete the project; and

   (h) Extent to which the project contributes to the equitable geographic distribution of heritage barn preservation fund awards across the state.

   (8) In awarding funds, special consideration shall be given to barns that are:

   (a) Still in agricultural use;

   (b) Listed on the national register of historic places; or

   (c) Outstanding examples of their type or era.

   (9) The conditions in this subsection must be met by recipients of funding in order to satisfy the public benefit requirements of the heritage barn preservation program.

   (a) Recipients must execute a contract with the department before commencing work. The contract must include a historic preservation easement for between five to fifteen years depending on the amount of the award. The contract must specify public benefit and minimum maintenance requirements.

   (b) Recipients must proactively maintain their historic barn for a minimum of ten years.

   (c) Public access to the exterior of properties that are not visible from a public right-of-way must be provided under reasonable terms and circumstances, including the requirement that visits by nonprofit organizations or school groups must be offered at least one day per year.

   (10) All work must comply with the United States secretary of the interior's standards for the rehabilitation of historic properties; however, exceptions may be made for the retention or installation of metal roofs on a case-by-case basis.

   (11) The heritage barn preservation fund shall be acknowledged on any materials produced and in publicity for the project. A sign acknowledging the fund shall be posted at the worksite for the duration of the preservation agreement.

   (12) Projects must be initiated within one year of funding approval and completed within two years, unless an extension is provided by the department in writing.

    (13) If a recipient of a heritage barn preservation fund award, or subsequent owner of a property that was assisted by the fund, takes any action within ten years of the funding award with respect to the assisted property such as dismantlement, removal, or substantial alteration, which causes it to be no longer eligible for listing in the Washington heritage register, the fund shall be repaid in full within one year.

   NEW SECTION. Sec. 3. (1) The director shall establish a Washington state heritage barn preservation advisory board that includes:

   (a) Two members representing owners of heritage barns nominated by recognized agricultural organizations;

   (b) The chair of the advisory council, or the chair's designee;

   (c) A representative of a statewide historic preservation organization;

   (d) A representative of a county heritage commission that is recognized by the department as a certified local government;

   (e) Two elected county officials, one appointed by the Washington state association of counties and one appointed by the Washington association of county officials;

   (f) A representative of a private foundation with an interest in the preservation of barns;

   (g) A representative of a land trust that is experienced with easements; and

   (h) At least one at-large member with appropriate expertise in barn architecture, architectural history, construction, engineering, or a related field.

   (2) The director may invite representatives of federal agencies that have barn preservation programs or expertise to participate on the advisory board, who shall serve as ex-officio members.

   (3) The director shall work to assure that the advisory board members are from diverse geographic regions of the state. The director may serve as chair, or appoint a person to serve as chair.

   (4) The advisory board shall provide advice to the director regarding:

   (a) The criteria for designation of heritage barns;

    (b) The criteria for determining eligibility for grant funds including contracting provisions between the department and grant recipients. In developing this criteria, the department and the advisory board shall consult with the state attorney general; and

   (c) The criteria for awarding grants for barn rehabilitation.

   (5) The advisory board shall examine regulatory issues that impose constraints on the ability to use heritage barns for contemporary economically productive purposes including building and land use codes.

   (6) By December 1, 2010, the department shall provide a final report to appropriate committees of the legislature that summarizes the accomplishments of the program, addresses regulatory issues examined under subsection (5) of this section, and makes final recommendations.

   (7) This section expires December 31, 2010.

   NEW SECTION. Sec. 4. (1) The heritage barn preservation fund is created as an account in the state treasury. All receipts from appropriations and private sources must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to provide assistance to owners of heritage barns in Washington state in the stabilization and restoration of their barns so that these historic properties may continue to serve the community.

   (2) The department shall minimize the amount of funds that are used for program administration, which shall include consultation with the department of general administration's barrier-free facilities program for input regarding accessibility for people with disabilities where public access to historic barns is permitted.

   (3) The primary public benefit of funding through the heritage barn preservation program is the preservation and enhancement of significant historic properties that provide economic benefit to the state's citizens and enrich communities throughout the state.

   Sec. 5. RCW 27.34.020 and 2005 c 333 s 13 are each amended to read as follows:

   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

   (1) "Advisory council" means the advisory council on historic preservation.

   (2) "Department" means the department of archaeology and historic preservation.

   (3) "Director" means the director of the department of archaeology and historic preservation.

   (4) "Federal act" means the national historic preservation act of 1966 (Public Law 89-655; 80 Stat. 915).

   (5) "Heritage barn" means any large agricultural outbuilding used to house animals, crops, or farm equipment, that is over fifty years old and has been determined by the department to: (a) Be eligible for listing on the Washington heritage register or the national register of historic places; or (b) have been listed on a local historic register and approved by the advisory council. In addition to barns, "heritage barn" includes agricultural resources such as milk houses, sheds, silos, or other outbuildings, that are historically associated with the working life of the farm or ranch, if these outbuildings are on the same property as a heritage barn.

   (6) "Heritage council" means the Washington state heritage council.

   (((6))) (7) "Historic preservation" includes the protection, rehabilitation, restoration, identification, scientific excavation, and reconstruction of districts, sites, buildings, structures, and objects significant in American and Washington state history, architecture, archaeology, or culture.

   (((7))) (8) "Preservation officer" means the state historic preservation officer as provided for in RCW 43.334.020.

   (((8))) (9) "Project" means programs leading to the preservation for public benefit of historical properties, whether by state and local governments or other public bodies, or private organizations or individuals, including the acquisition of title or interests in, and the development of, any district, site, building, structure, or object that is significant in American and Washington state history, architecture, archaeology, or culture, and property used in connection therewith, or for its development.

    (((9))) (10) "State historical agencies" means the state historical societies and the department.

   (((10))) (11) "State historical societies" means the Washington state historical society and the eastern Washington state historical society.

   (((11))) (12) "Cultural resource management plan" means a comprehensive plan which identifies and organizes information on the state of Washington's historic, archaeological, and architectural resources into a set of management criteria, and which is to be used for producing reliable decisions, recommendations, and advice relative to the identification, evaluation, and protection of these resources.

   NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.

   NEW SECTION. Sec. 7. Sections 2 through 4 of this act are each added to chapter 27.34 RCW."

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EFFECT: Removes the provisions requiring a review of tax incentives and a report on such incentives to the Legislature.