ESHB 2125 -
By Senators Kastama, Fairley
ADOPTED 04/17/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 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;
(g) Incur debt in furtherance of its mission; and
(h) Lend its funds, property, credit, or services for corporate
purposes.
(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. 2 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));
(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; and (c) provide ongoing mitigation of the
adverse effects of multiple publicly funded projects on the impacted
community; and
(6) Demonstrate ongoing accountability for its actions by:
(a) Reporting to the appropriate committees of the legislature, 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;
(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."
ESHB 2125 -
By Senators Kastama, Fairley
ADOPTED 04/17/2009
On page 1, line 2 of the title, after "authorities;" strike the remainder of the title and insert "and amending RCW 43.167.020 and 43.167.030."
EFFECT: Removes findings, purposes, and definitions. The striker provides certain powers to community preservation and development authorities, including the right to enter into contracts, hire employees, buy, sell, or lease property, incur debt, and lend its funds for corporate purposes, subject to lending of credit restrictions. Clarification is also provided on the permissible uses of gifts, grants, and loans from public or private entities.