ESHB 2125 -
By Senators Fairley, Swecker
PULLED 04/17/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.167.010 and 2007 c 501 s 3 are each amended to
read as follows:
(1) The residents, property owners, employees, or business owners
of an impacted community may propose formation of a community
preservation and development authority. The proposal to form ((a
community preservation and development)) an authority must be presented
in writing to the ((appropriate legislative committee in both the house
of representatives and the senate)) local legislative authority or
authorities. The proposal must contain proposed general geographic
boundaries that will be used to define the community for the purposes
of the authority. Proposals ((presented after January 1, 2008,)) must
identify ((in its proposal)) one or more stable revenue sources that
(a) have a nexus with the multiple publicly funded facilities that have
adversely impacted the community, and (b) can be used to support future
operating or capital projects that will be identified in the strategic
plan required under RCW 43.167.030.
(2) Formation of the community preservation and development
authority is subject to local legislative authorization by ((statute))
ordinance. Prior to authorizing the formation of an authority, the
((legislature)) local legislative authority or authorities must find
that (a) the area within the proposal's geographic boundaries meets the
((definition)) needs of the "impacted community" ((contained in section
2(4) of this act)); and (b) those persons that have brought forth the
proposal are members of the impacted community ((as defined in section
2(1) of this act)); and, if the authority were approved, would ((meet
the definition of)) be the general membership constituency ((contained
in section 2(3) of this act)) of the authority. For proposals brought
after January 1, 2008, the ((legislature)) local legislative authority
or authorities must also find that the community has identified one or
more stable revenue sources as required in subsection (1) of this
section. The ((legislature)) local legislative authority or
authorities may then act to authorize the establishment of the
((community preservation and development)) authority ((in law)) by
ordinance.
(3) The affairs of a community preservation and development
authority shall be managed by a board of directors, consisting of the
following members:
(a) Two members who own, operate, or represent businesses within
the community;
(b) Two members who reside in the community;
(c) Two members who are involved in providing nonprofit community
or social services within the community;
(((c))) (d) Two members who are involved in the arts and
entertainment within the community;
(((d))) (e) Two members with knowledge of the community's culture
and history; ((and)) (f) One member who is involved in a nonprofit or public
planning organization that directly serves the impacted community; and
(e)
(g) Two representatives of the local legislative authority or
authorities, as ex officio members.
(4) No member of the board shall hold office for more than four
years. Board positions shall be numbered one through ((nine))
thirteen, and the terms staggered shall be as follows:
(a) Board members elected to positions one through five shall serve
two-year terms, and if reelected, may serve no more than one additional
two-year term.
(b) Board members initially elected to positions six through
((nine)) eleven shall serve a three-year term only.
(c) Board members elected to positions six through ((nine)) eleven
after the initial three-year term shall serve two-year terms, and if
reelected, may serve no more than one additional two-year term.
(d) Board members twelve and thirteen shall serve until replaced by
the local legislative authority or authorities.
(5) ((With respect to an authority's)) The initial board of
directors((: The state legislative delegation)) of an authority shall
be established through the election process established in this
subsection. Two or more members of the local legislative authority or
authorities, and those proposing formation of the authority, shall
jointly establish a committee to develop a list of candidates to stand
for election ((once)) after the authority has received legislative
approval as ((established)) provided in subsection (2) of this section.
((For the purpose of developing the list and identifying those persons
who meet the criteria in subsection (3)(a) through (e) of this section,
community shall mean the proposed geographic boundaries as set out in
the proposal.)) The ((board of)) initial directors shall be elected by
the constituency during a meeting convened for that purpose by two or
more members of the ((state)) local legislative ((delegation))
authority or authorities.
(6) ((With respect to subsequent elections of an authority's board
of directors:)) Subsequent directors shall be determined through the
election process established in this subsection. A list of candidates
shall be developed by the authority's existing ((board of)) directors
and the election shall be held during the annual local town hall
meeting as required in RCW 43.167.030.
Sec. 2 RCW 43.167.020 and 2007 c 501 s 4 are each amended to read
as follows:
(1) A community preservation and development authority shall have
the power to:
(a) Accept gifts, grants, loans, or other aid from public or
private entities; ((and))
(b) Exercise such additional powers as may be authorized by law
(b) Employ and appoint such agents, attorneys, officers, and
employees as may be necessary to implement the purposes and duties of
an authority;
(c) Contract and enter into partnerships with individuals,
associations, corporations, and local, state, and federal governments;
(d) Buy, own, lease, and sell real and personal property;
(e) Hold in trust, improve, and develop land;
(f) Invest, deposit, and reinvest its funds; and
(g) Exercise additional powers as may be authorized by law.
(2) A community preservation and development authority ((shall
have)) has no power of eminent domain nor any power to levy taxes or
special assessments.
(3) A community preservation and development authority that accepts
public funds under subsection (1)(a) of this section:
(a) Is subject in all respects to Article VIII, section 5 or 7, as
appropriate, of the state Constitution, and to RCW 42.17.128; and
(b) May not use the funds to support or oppose a candidate, ballot
proposition, political party, or political committee.
Sec. 3 RCW 43.167.030 and 2007 c 501 s 5 are each amended to read
as follows:
A community preservation and development authority shall have the
duty to:
(1) Establish specific geographic boundaries for the authority
within its bylaws based on the general geographic boundaries
established in the proposal submitted and approved by the legislature;
(2) Solicit input from members of its community and develop a
strategic preservation and development plan to restore and promote the
health, safety, and economic well-being of the impacted community and
to restore and preserve its cultural and historical identity;
(3) Include within the strategic plan a prioritized list of
projects identified and supported by the community, including capital
or operating components that address one or more of the purposes under
((section 1(3) of this act)) this chapter;
(4) Establish funding mechanisms to support projects and programs
identified in the strategic plan including but not limited to grants
and loans;
(5) Use gifts, grants, loans, and other aid from public or private
entities to carry out projects identified in the strategic plan
including, but not limited to, those that: (a) Enhance public safety;
(b) reduce community blight; (c) provide ongoing mitigation of the
adverse effects of multiple publicly funded projects on the impacted
community; and (d) address other purposes consistent with this chapter;
and
(6) Demonstrate ongoing accountability for its actions by:
(a) Reporting to the appropriate committees of the legislature and
the local legislative authority or authorities, one year after
formation and every biennium thereafter, on the authority's strategic
plan, activities, accomplishments, and any recommendations for
statutory changes;
(b) Reporting any changes in the authority's geographic boundaries
to the appropriate committees of the legislature when the legislature
next convenes in regular session and immediately to the local
legislative authority or authorities;
(c) Convening a local town hall meeting with its constituency on an
annual basis to: (i) Report its activities and accomplishments from
the previous year; (ii) present and receive input from members of the
impacted community regarding its proposed strategic plan and activities
for the upcoming year; and (iii) hold board member elections as
necessary; and
(d) Maintaining books and records as appropriate for the conduct of
its affairs.
Sec. 4 RCW 43.167.050 and 2007 c 501 s 8 are each amended to read
as follows:
Prior to making siting, design, and construction decisions for
future major public facilities, public works projects, or capital
projects with significant public funding, state and local government
agencies ((may)) must:
(1) Communicate and consult with the community preservation and
development authority and impacted community, including assessing the
compatibility of the proposed project with the strategic plan adopted
by the authority; and
(2) Make reasonable efforts to ensure that negative, cumulative
effects of multiple projects upon the impacted community are
minimized."
ESHB 2125 -
By Senators Fairley, Swecker
PULLED 04/17/2009
On page 1, line 2 of the title, after "authorities;" strike the remainder of the title and insert "and amending RCW 43.167.010, 43.167.020, 43.167.030, and 43.167.050."
EFFECT: Instead of proposing an authority to the state legislature, which then approves or denies the authority, proposals and responsibility for approval or denial must go to a local legislative authority or authorities. Also strikes intent and findings sections, prevents an authority from incurring debts or lending its funds or property, and removes the requirement that entities involved in major capital projects fully communicate and consult with the authority.