ESHB 2125 -
By Senators Kastama, Fairley
ADOPTED 04/26/2009
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 authority must be presented in
writing to the appropriate legislative committee in both the house of
representatives and the senate. 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 legislative authorization by statute. The
legislature must find that (a) the area within the proposal's
geographic boundaries meets the definition of "impacted community"
contained in section 2(4) of this act and (b) those persons that have
brought forth the proposal are members of the community as defined in
section 2(1) of this act and, if the authority were approved, would
meet the definition of constituency contained in section 2(3) of this
act. For proposals brought after January 1, 2008, the legislature must
also find that the community has identified one or more stable revenue
sources as required in subsection (1) of this section. The legislature
may then act to authorize the establishment of the community
preservation and development authority in law.
(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, and the
terms staggered 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)) thirteen shall serve a three-year term only.
(c) Board members elected to positions six through ((nine))
thirteen after the initial three-year term shall serve two-year terms,
and if reelected, may serve no more than one additional two-year term.
(5) With respect to an authority's initial board of directors: The
state legislative delegation and those proposing formation of the
authority shall jointly establish a committee to develop a list of
candidates to stand for election once the authority has received
legislative approval as established 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 directors shall be elected by the
constituency during a meeting convened for that purpose by the state
legislative delegation.
(6) With respect to subsequent elections of an authority's board of
directors: 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;
(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. 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));
(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 04/26/2009
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, and 43.167.030."
EFFECT: (1) Adds two members from the community and two members
from the local legislative authority to the board of directors.
(2) 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.