BILL REQ. #: Z-0412.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/21/11. Referred to Committee on Community Development & Housing.
AN ACT Relating to the use of surplus property for the development of affordable housing; amending RCW 43.63A.510, 47.12.063, 47.12.063, 47.12.064, 43.20A.037, 72.09.055, 43.19.19201, 79A.05.170, 79A.05.175, 36.34.137, 35.21.687, 79.11.005, 79.22.060, 53.08.090, 54.16.180, 57.08.016, and 81.112.080; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.63A.510 and 1993 c 461 s 2 are each amended to read
as follows:
(1) The department shall work with ((the departments of natural
resources, transportation, social and health services, corrections, and
general administration)) state and local governmental entities to
identify and catalog surplus or underutilized((, state-owned land and
property)) real property owned by these governmental entities suitable
for the development of affordable housing for extremely low-income,
very low-income, low-income, or moderate-income households. The state
and local governmental entities subject to the requirements of this
section are the departments of natural resources, transportation,
social and health services, corrections, ((and)) general administration
((shall)), public lands, the state parks and recreation commission,
counties, cities, towns, port districts, regional transit agencies,
water-sewer districts, and public utility districts. These
governmental entities must provide an inventory of surplus or
underutilized real property that is owned or administered by each
((agency)) governmental entity and is available for lease or sale.
((The inventories shall be provided to the department by November 1,
1993, with inventory revisions provided each November 1 thereafter.))
Each inventory must contain descriptive information about each property
that includes, if known, the contact information for the property and
the location, approximate size, sale or lease price and terms, and
current zoning classification of the property. Each inventory must be
updated at least once a year, and printed and electronic copies of each
inventory must be provided upon request. Each annual inventory must
also include any surplus properties that have been sold for affordable
housing.
(2) ((Upon written request, the department shall provide a copy of
the inventory of state-owned and publicly owned lands and buildings to
parties interested in developing the sites for affordable housing.)) Surplus property for sale by the governmental entities
subject to the requirements of this section, and which is suitable for
the development of affordable housing, must be offered for at least the
first one hundred eighty days after its availability for sale
exclusively to eligible organizations, for the purpose of developing
affordable housing.
(3)
(3) Eligible organizations have the right to obtain these surplus
properties through purchase, lease, exchange, or donation, under
reasonable option and conveyance conditions, in return for a recorded
covenant to provide affordable housing for at least forty years or a
loan note in the name of the jurisdiction for single-family
homeownership programs. A governmental entity that sells real property
to an eligible entity under this section may do so at a price that is
less than fair market value, provided that the housing developed on the
property is occupied primarily by individuals or households who are
extremely low-income, very low-income, or low-income. Governmental
entities subject to this section have the sole authority to determine:
(a) Whether or not property is surplus; (b) whether or not the property
is suitable for the development of affordable housing; and (c) what
constitutes reasonable option and conveyance conditions for the
purchase, lease, exchange, or donation of the property.
(4) Each governmental entity subject to the requirements of this
section must develop the criteria and procedures necessary for
inventorying surplus property and offering it for sale, lease,
exchange, or donation for affordable housing. Each governmental entity
must (a) enter into a recorded covenant with the purchaser of the
surplus property or a loan note in the name of the jurisdiction, to
ensure that the property will meet the required income restrictions,
and (b) monitor compliance with the covenant or loan note.
(5) As used in this section:
(a) "Affordable housing" means residential housing that is rented
or owned by a person who qualifies as ((a)) an extremely low-income,
very low-income, low-income, or moderate-income household or who is
from a special needs population((, and whose monthly housing costs,
including utilities other than telephone, do not exceed thirty percent
of the household's monthly income)).
(b) "Very low-income household" means a single person, family, or
unrelated persons living together whose income is at or below fifty
percent of the county area median income((, adjusted for household
size,)) for the county where the affordable housing is located,
adjusted for household size.
(c) "Low-income household" means a single person, family, or
unrelated persons living together whose income is more than fifty
percent but is at or below eighty percent of the county area median
income where the affordable housing is located, adjusted for household
size.
(d) "Moderate-income household" means a single person, family, or
unrelated persons living together whose income is more than eighty
percent but is at or below one hundred fifteen percent of the county
area median income where the affordable housing is located, adjusted
for household size.
(e) "Eligible organization" means any city, town, or county
government, local housing authority, public development authority,
community renewal agency, regional support network established under
chapter 71.24 RCW, nonprofit community or neighborhood-based
organization, federally recognized Indian tribe in the state of
Washington, or regional or statewide nonprofit housing assistance
organization, including such entities materially participating as a
general partner or managing members of a partnership, limited liability
company, or equivalent organization.
(f) "Extremely low-income household" means a single person, family,
or unrelated persons living together whose income is at or below thirty
percent of the county area median income where the affordable housing
is located, adjusted for household size.
(g) "Primarily" means fifty-one percent or more.
(h) "Real property" means land, buildings, or buildings and land.
(6) Counties, cities, and towns may sell surplus property at a
discount for affordable housing, provided that the discounted sales
comply with the guidelines under RCW 36.70A.540 for affordable housing
incentive programs. Except for the requirement to inventory surplus
property under subsection (1) of this section, counties, cities, and
towns are not otherwise subject to the requirements of this section.
Sec. 2 RCW 47.12.063 and 2010 c 157 s 1 are each amended to read
as follows:
(1) It is the intent of the legislature to continue the
department's policy giving priority consideration to abutting property
owners in agricultural areas when disposing of property through its
surplus property program under this section. With respect to surplus
property in nonagricultural areas that is suitable for residential use,
the department shall give priority to selling, leasing, exchanging, or
donating the property to eligible organizations for the development of
affordable housing for extremely low-income, very low-income, low-income, or moderate-income households, consistent with the requirements
of this section and RCW 43.63A.510.
(2) Whenever the department determines that any real property owned
by the state of Washington and under the jurisdiction of the department
is no longer required for transportation purposes and that it is in the
public interest to do so, the department may sell or lease the property
or exchange it in full or part consideration for land or improvements
or for construction of improvements ((at fair market value to)).
Except as authorized in (j) of this subsection, the department must
receive fair market value for any such sale, lease, or exchange. The
department may engage in the sale, lease, or exchange of its surplus
property with any of the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state acquired
title;
(f) In the case of residentially improved property, a tenant of the
department who has resided thereon for not less than six months and who
is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other abutting
private owner (if any), as shown in the records of the county assessor,
is notified in writing of the proposed sale. If more than one abutting
private owner requests in writing the right to purchase the property
within fifteen days after receiving notice of the proposed sale, the
property shall be sold at public auction in the manner provided in RCW
47.12.283;
(h) To any person through the solicitation of written bids through
public advertising in the manner prescribed by RCW 47.28.050;
(i) To any other owner of real property required for transportation
purposes;
(j) In the case of property suitable for residential use, any
((nonprofit)) eligible organization ((dedicated to providing affordable
housing to very low-income, low-income, and moderate-income
households)), as defined in RCW 43.63A.510 ((and is eligible to receive
assistance through the Washington housing trust fund created in chapter
43.185 RCW)), to provide affordable housing for extremely low-income,
very low-income, low-income, and moderate-income households as defined
in RCW 43.63A.510. The department may sell, lease, exchange, or donate
the property for less than fair market value under this subsection
(2)(j) if the affordable housing to be developed on the property is to
be occupied primarily by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510;
(k) A federally qualified community health center as defined in RCW
82.04.4311; or
(l) A federally recognized Indian tribe within whose reservation
boundary the property is located.
(3) Sales to purchasers may at the department's option be for cash,
by real estate contract, or exchange of land or improvements.
Transactions involving the construction of improvements must be
conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable,
and must comply with all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be by deed
executed by the secretary of transportation and shall be duly
acknowledged.
(5) Unless otherwise provided, all moneys received pursuant to the
provisions of this section less any real estate broker commissions paid
pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
Sec. 3 RCW 47.12.063 and 2006 c 17 s 2 are each amended to read
as follows:
(1) It is the intent of the legislature to continue the
department's policy giving priority consideration to abutting property
owners in agricultural areas when disposing of property through its
surplus property program under this section. With respect to surplus
property in nonagricultural areas that is suitable for residential use,
the department shall give priority to selling, leasing, exchanging, or
donating the property to eligible organizations for the development of
affordable housing for extremely low-income, very low-income, low-income, or moderate-income households, consistent with the requirements
of this section and RCW 43.63A.510.
(2) Whenever the department determines that any real property owned
by the state of Washington and under the jurisdiction of the department
is no longer required for transportation purposes and that it is in the
public interest to do so, the department may sell or lease the property
or exchange it in full or part consideration for land or improvements
or for construction of improvements ((at fair market value to)).
Except as authorized in (j) of this subsection, the department must
receive fair market value for any such sale, lease, or exchange. The
department may engage in the sale, lease, or exchange of its surplus
property with any of the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state acquired
title;
(f) In the case of residentially improved property, a tenant of the
department who has resided thereon for not less than six months and who
is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other abutting
private owner (if any), as shown in the records of the county assessor,
is notified in writing of the proposed sale. If more than one abutting
private owner requests in writing the right to purchase the property
within fifteen days after receiving notice of the proposed sale, the
property shall be sold at public auction in the manner provided in RCW
47.12.283;
(h) To any person through the solicitation of written bids through
public advertising in the manner prescribed by RCW 47.28.050;
(i) To any other owner of real property required for transportation
purposes;
(j) In the case of property suitable for residential use, any
((nonprofit)) eligible organization ((dedicated to providing affordable
housing to very low-income, low-income, and moderate-income
households)), as defined in RCW 43.63A.510 ((and is eligible to receive
assistance through the Washington housing trust fund created in chapter
43.185 RCW)), to provide affordable housing for extremely low-income,
very low-income, low-income, and moderate-income households as defined
in RCW 43.63A.510. The department may sell, lease, exchange, or donate
the property for less than fair market value under this subsection
(2)(j) if the affordable housing to be developed on the property is to
be occupied primarily by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510; or
(k) A federally recognized Indian tribe within whose reservation
boundary the property is located.
(3) Sales to purchasers may at the department's option be for cash,
by real estate contract, or exchange of land or improvements.
Transactions involving the construction of improvements must be
conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable,
and must comply with all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be by deed
executed by the secretary of transportation and shall be duly
acknowledged.
(5) Unless otherwise provided, all moneys received pursuant to the
provisions of this section less any real estate broker commissions paid
pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
Sec. 4 RCW 47.12.064 and 1995 c 399 s 121 are each amended to
read as follows:
(((1))) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
((shall)) must include the location, approximate size, sale or lease
price and terms, and current zoning classification of the property.
((The department shall provide a copy of the inventory to the
department of community, trade, and economic development by November 1,
1993, and every November 1 thereafter.)) Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing.
(2) By November 1 of each year, beginning in 1994, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 5 RCW 43.20A.037 and 1995 c 399 s 65 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, and moderate-income
households as defined in RCW 43.63A.510. The inventory ((shall)) must
include the location, approximate size, sale or lease price and terms,
and current zoning classification of the property. ((The department
shall provide a copy of the inventory to the department of community,
trade, and economic development by November 1, 1993, and every November
1 thereafter.)) Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing.
(2) By November 1 of each year, beginning in 1994, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
(2) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, the department shall give priority
to selling the property to an eligible organization as defined in RCW
43.63A.510 for the development of affordable housing for extremely low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. The department may sell, lease, or
exchange the property for less than fair market value if the affordable
housing to be developed on the property is to be occupied primarily by
extremely low-income, very low-income, or low-income households as
provided in RCW 43.63A.510.
Sec. 6 RCW 72.09.055 and 1995 c 399 s 202 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
((shall)) must include the location, approximate size, sale or lease
price and terms, and current zoning classification of the property.
((The department shall provide a copy of the inventory to the
department of community, trade, and economic development by November 1,
1993, and every November 1 thereafter.)) Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing.
(2) By November 1 of each year, beginning in 1994, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
(2) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, the department shall give priority
to selling the property to an eligible organization as defined in RCW
43.63A.510 for the development of affordable housing for extremely low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. The department may sell, lease, or
exchange the property for less than fair market value if the affordable
housing to be developed on the property is to be occupied primarily by
extremely low-income, very low-income, or low-income households as
provided in RCW 43.63A.510.
Sec. 7 RCW 43.19.19201 and 1995 c 399 s 64 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department of general
administration shall identify and catalog real property that is no
longer required for department purposes and is suitable for the
development of affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory ((shall)) must include the location,
approximate size, sale or lease price and terms, and current zoning
classification of the property. ((The department of general
administration shall provide a copy of the inventory to the department
of community, trade, and economic development by November 1, 1993, and
every November 1 thereafter.)) Each inventory must be updated at least once a year, and
printed and electronic copies of each inventory must be provided upon
request. Each annual inventory must also include any surplus
properties that have been sold for affordable housing.
(2) By November 1 of each year, beginning in 1994, the department
of general administration shall purge the inventory of real property of
sites that are no longer available for the development of affordable
housing. The department shall include an updated listing of real
property that has become available since the last update. As used in
this section, "real property" means buildings, land, or buildings and
land.
(2) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, the department shall give priority
to selling the property to an eligible organization as defined in RCW
43.63A.510 for the development of affordable housing for extremely low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. The department may sell, lease, or
exchange the property for less than fair market value if the affordable
housing to be developed on the property is to be occupied primarily by
extremely low-income, very low-income, or low-income households as
provided in RCW 43.63A.510.
Sec. 8 RCW 79A.05.170 and 1991 sp.s. c 13 s 23 are each amended
to read as follows:
(1) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized real property, the commission shall give
priority to selling the property to an eligible organization as defined
in RCW 43.63A.510 for the development of affordable housing for
extremely low-income, very low-income, low-income, or moderate-income
households, consistent with RCW 43.63A.510. The commission may sell,
lease, or exchange the property for less than fair market value if the
affordable housing to be developed on the property is to be occupied
primarily by extremely low-income, very low-income, or low-income
households as provided in RCW 43.63A.510.
(2) Except for those lands subject to RCW 43.63A.510, any lands
owned by the ((state parks and recreation)) commission, which are
determined to be surplus to the needs of the state for development for
state park purposes and which the commission proposes to deed to a
local government or other entity, shall be accompanied by a clause
requiring that if the land is not used for outdoor recreation purposes,
ownership of the land shall revert to the ((state parks and
recreation)) commission.
(((2) The state parks and recreation commission,)) (a) In cases
where land subject to such a reversionary clause is proposed for use or
disposal for purposes other than recreation, the commission shall
require that, if the land is surplus to the needs of the commission for
park purposes at the time the commission becomes aware of its proposed
use for nonrecreation purposes, the holder of the land or property
shall reimburse the commission for the release of the reversionary
interest in the land. The reimbursement shall be in the amount of the
fair market value of the reversionary interest as determined by a
qualified appraiser agreeable to the commission. Appraisal costs shall
be borne by the local entity which holds title to the land.
(((3))) (b) Any funds generated under a reimbursement under this
section shall be deposited in the parkland acquisition account which is
hereby created in the state treasury. Moneys in this account are to be
used solely for the purchase or acquisition of property for use as
state park property by the commission, as directed by the legislature;
all such funds shall be subject to legislative appropriation.
(3) In accordance with RCW 43.63A.510, the commission shall
identify and catalog real property that is no longer required for
commission purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
must include the location, approximate size, sale or lease price and
terms, and current zoning classification of the property. Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing.
Sec. 9 RCW 79A.05.175 and 2007 c 145 s 1 are each amended to read
as follows:
Except for those lands subject to RCW 43.63A.510 and 79A.05.170(1),
whenever the commission finds that any land under its control cannot
advantageously be used for park purposes, it is authorized to dispose
of such land by the method provided in this section or by the method
provided in RCW 79A.05.170. If such lands are school or other grant
lands, control thereof shall be relinquished by resolution of the
commission to the proper state officials. If such lands were acquired
under restrictive conveyances by which the state may hold them only so
long as they are used for park purposes, they may be returned to the
donor or grantors by the commission. All other such lands may be
either sold by the commission to the highest bidder or exchanged for
other lands of equal value by the commission, and all conveyance
documents shall be executed by the governor. All such exchanges shall
be accompanied by a transfer fee, to be set by the commission and paid
by the other party to the transfer; such fee shall be paid into the
parkland acquisition account established under RCW 79A.05.170. The
commission may accept sealed bids, electronic bids, or oral bids at
auction. Bids on all sales shall be solicited at least twenty days in
advance of the sale date by an advertisement appearing at least once a
week for two consecutive weeks in a newspaper of general circulation in
the county in which the land to be sold is located. If the commission
feels that no bid received adequately reflects the fair value of the
land to be sold, it may reject all bids, and may call for new bids.
All proceeds derived from the sale of such park property shall be paid
into the park land acquisition account. All land considered for
exchange shall be evaluated by the commission to determine its
adaptability to park usage. The equal value of all lands exchanged
shall first be determined by the appraisals to the satisfaction of the
commission. No sale or exchange of state park lands shall be made
without the unanimous consent of the commission.
Sec. 10 RCW 36.34.137 and 1993 c 461 s 5 are each amended to read
as follows:
(1) In accordance with RCW 43.63A.510, every county shall identify
and catalog real property owned by the county that is no longer
required for its purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory ((shall)) must include the location, approximate size,
sale or lease price and terms, and current zoning classification of the
property. ((Every county shall provide a copy of the inventory to the
department of community development by November 1, 1993, with inventory
revisions each November 1 thereafter.)) Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing. Except for the requirement in
RCW 43.63A.510(1) to inventory surplus property, counties are not
otherwise subject to the requirements of RCW 43.63A.510.
(2) By November 1 of each year, beginning in 1994, every county
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The inventory
revision shall include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
(2) Counties may sell surplus property at a discount for affordable
housing, provided that the discounted sales comply with the guidelines
under RCW 36.70A.540 for affordable housing incentive programs.
Sec. 11 RCW 35.21.687 and 1995 c 399 s 37 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, every city and town,
including every code city operating under Title 35A RCW, shall identify
and catalog real property owned by the city or town that is no longer
required for its purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory ((shall)) must include the location, approximate size,
sale or lease price and terms, and current zoning classification of the
property. ((Every city and town shall provide a copy of the inventory
to the department of community, trade, and economic development by
November 1, 1993, with inventory revisions each November 1 thereafter.)) Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing.
(2) By November 1 of each year, beginning in 1994, every city and
town, including every code city operating under Title 35A RCW, shall
purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The inventory
revision shall also contain a list of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
(2) Cities and towns may sell surplus property at a discount for
affordable housing, provided that the discounted sales comply with the
guidelines under RCW 36.70A.540 for affordable housing incentive
programs.
Sec. 12 RCW 79.11.005 and 2003 c 334 s 201 are each amended to
read as follows:
(1) Subject to RCW 43.63A.510, the department is authorized to sell
any real property not designated or acquired as state forest lands, but
acquired by the state, either in the name of the forest board, the
forestry board, or the division of forestry, for administrative sites,
lien foreclosures, or other purposes whenever it shall determine that
the lands are no longer or not necessary for public use.
(2) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized real property, the department shall give
priority to selling the property to an eligible organization as defined
in RCW 43.63A.510 for the development of affordable housing for
extremely low-income, very low-income, low-income, or moderate-income
households, consistent with RCW 43.63A.510. The department may sell,
lease, or exchange the property for less than fair market value if the
affordable housing to be developed on the property is to be occupied
primarily by extremely low-income, very low-income, or low-income
households as provided in RCW 43.63A.510.
(3) Except as otherwise provided under RCW 43.63A.510, the sale may
be made after public notice to the highest bidder for such a price as
approved by the governor, but not less than the fair market value of
the real property, plus the value of improvements thereon. Any
instruments necessary to convey title must be executed by the governor
in a form approved by the attorney general.
(((3))) (4) All amounts received from the sale must be credited to
the fund of the department of government that is responsible for the
acquisition and maintenance of the property sold.
(5) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property owned by the state that is no longer
required for its purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory must include the location, approximate size, sale or
lease price and terms, and current zoning classification of the
property. Each inventory must be updated at least once a year, and
printed and electronic copies of each inventory must be provided upon
request. Each annual inventory must also include any surplus
properties that have been sold for affordable housing.
Sec. 13 RCW 79.22.060 and 2009 c 354 s 7 are each amended to read
as follows:
(1) With the approval of the board and subject to RCW 43.63A.510,
the department may directly transfer or dispose of state forest lands
without public auction, if the lands:
(a) Consist of ten contiguous acres or less;
(b) Have a value of twenty-five thousand dollars or less; or
(c) Are located in a county with a population of twenty-five
thousand or less and are encumbered with timber harvest deferrals,
associated with wildlife species listed under the federal endangered
species act, greater than thirty years in length.
(2) Disposal under this section may only occur in the following
circumstances:
(a) Transfers in lieu of condemnation;
(b) Transfers to resolve trespass and property ownership disputes;
or
(c) In counties with a population of twenty-five thousand or less,
transfers to public agencies.
(3) Except as otherwise provided under RCW 43.63A.510 and
79.11.005(2), real property to be transferred or disposed of under this
section shall be transferred or disposed of only after appraisal and
for at least fair market value, and only if the transaction is in the
best interest of the state or affected trust. Valuable materials
attached to lands transferred to public agencies under subsection
(2)(c) of this section must be appraised at the fair market value
without consideration of management or regulatory encumbrances
associated with wildlife species listed under the federal endangered
species act.
(4) The proceeds from real property transferred or disposed of
under this section shall be deposited into the park land trust
revolving fund and be solely used to buy replacement land within the
same county as the property transferred or disposed. In counties with
a population of twenty-five thousand or less, the portion of the
proceeds associated with valuable materials on the transferred land
must be distributed as provided in RCW 79.64.110.
(5) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, the department shall give priority
to selling the property to an eligible organization for the development
of affordable housing for extremely low-income, very low-income, low-income, or moderate-income households, consistent with RCW 43.63A.510.
The department may sell, lease, or exchange the property for less than
fair market value if the affordable housing to be developed on the
property is to be occupied primarily by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510.
(6) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
must include the location, approximate size, sale or lease price and
terms, and current zoning classification of the property. Each
inventory must be updated at least once a year, and printed and
electronic copies of each inventory must be provided upon request.
Each annual inventory must also include any surplus properties that
have been sold for affordable housing.
Sec. 14 RCW 53.08.090 and 1994 c 26 s 1 are each amended to read
as follows:
(1) A port commission may, by resolution, authorize the managing
official of a port district to sell ((and convey)), lease, transfer, or
otherwise dispose of port district property of ten thousand dollars or
less in value. The authority shall be in force for not more than one
calendar year from the date of resolution and may be renewed from year
to year. Prior to any such sale ((or conveyance)), lease, transfer, or
disposition, the managing official shall itemize and list the property
to be sold, leased, transferred, or disposed of and make written
certification to the commission that the listed property is no longer
needed for district purposes. Any large block of the property having
a value in excess of ten thousand dollars shall not be broken down into
components of ten thousand dollars or less value and sold in the
smaller components unless the smaller components be sold by public
competitive bid. A port district may sell and convey any of its real
or personal property valued at more than ten thousand dollars when the
port commission has, by resolution, declared the property to be no
longer needed for district purposes, but no property which is a part of
the comprehensive plan of improvement or modification thereof shall be
disposed of until the comprehensive plan has been modified to find the
property surplus to port needs. The comprehensive plan shall be
modified only after public notice and hearing provided by RCW
53.20.010. All sales, transfers, or exchanges of port district
property under this section are subject to RCW 43.63A.510.
Nothing in this section shall be deemed to repeal or modify
procedures for property sales within industrial development districts
as set forth in chapter 53.25 RCW.
(2) The ten thousand dollar figures in subsection (1) of this
section shall be adjusted annually based upon the governmental price
index established by the department of revenue under RCW 82.14.200.
(3) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, a port district shall give priority
to selling the property to an eligible organization for the development
of affordable housing for extremely low-income, very low-income, low-income, or moderate-income households, consistent with RCW 43.63A.510.
A port district may sell, lease, or exchange the property for less than
fair market value if the affordable housing to be developed on the
property is to be occupied primarily by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510.
(4) A port district shall identify and catalog real property that
is no longer required for district purposes and is suitable for the
development of affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory must include the location, approximate size,
sale or lease price and terms, and current zoning classification of the
property. Each inventory must be updated at least once a year, and
printed and electronic copies of each inventory must be provided upon
request. Each annual inventory must also include any surplus
properties that have been sold for affordable housing.
Sec. 15 RCW 54.16.180 and 2008 c 198 s 5 are each amended to read
as follows:
(1) Subject to RCW 43.63A.510, a district may sell and convey,
lease, or otherwise dispose of all or any part of its works, plants,
systems, utilities and properties, after proceedings and approval by
the voters of the district, as provided for the lease or disposition of
like properties and facilities owned by cities and towns. The
affirmative vote of three-fifths of the voters voting at an election on
the question of approval of a proposed sale((,)) shall be necessary to
authorize such a sale.
(2) Subject to RCW 43.63A.510, a district may, without the approval
of the voters, sell, convey, lease, or otherwise dispose of all or any
part of the property owned by it that is located:
(a) Outside its boundaries, to another public utility district,
city, town or other municipal corporation; or
(b) Within or without its boundaries, which has become
unserviceable, inadequate, obsolete, worn out or unfit to be used in
the operations of the system and which is no longer necessary, material
to, and useful in such operations, to any person or public body.
(3) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, a district shall give priority to
selling the property to an eligible organization for the development of
affordable housing for extremely low-income, very low-income, low-income, or moderate-income households, consistent with RCW 43.63A.510.
A district may sell, lease, or exchange the property for less than fair
market value if the affordable housing to be developed on the property
is to be occupied primarily by extremely low-income, very low-income,
or low-income households as provided in RCW 43.63A.510.
(4) A district shall identify and catalog real property that is no
longer required for district purposes and is suitable for the
development of affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory must include the location, approximate size,
sale or lease price and terms, and current zoning classification of the
property. Each inventory must be updated at least once a year, and
printed and electronic copies of each inventory must be provided upon
request. Each annual inventory must also include any surplus
properties that have been sold for affordable housing.
(5) A district may sell, convey, lease or otherwise dispose of
items of equipment or materials to any other district, to any
cooperative, mutual, consumer-owned or investor-owned utility, to any
federal, state, or local government agency, to any contractor employed
by the district or any other district, utility, or agency, or any
customer of the district or of any other district or utility, from the
district's stores without voter approval or resolution of the
district's board, if such items of equipment or materials cannot
practicably be obtained on a timely basis from any other source, and
the amount received by the district in consideration for any such sale,
conveyance, lease, or other disposal of such items of equipment or
materials is not less than the district's cost to purchase such items
or the reasonable market value of equipment or materials.
(((4))) (6) A district located within a county with a population of
from one hundred twenty-five thousand to less than two hundred ten
thousand may sell and convey to a city of the first class, which owns
its own water system, all or any part of a water system owned by the
district where a portion of it is located within the boundaries of the
city, without approval of the voters, upon such terms and conditions as
the district shall determine.
(((5))) (7) A district located in a county with a population of
from twelve thousand to less than eighteen thousand and bordered by the
Columbia river may, separately or in connection with the operation of
a water system, or as part of a plan for acquiring or constructing and
operating a water system, or in connection with the creation of another
or subsidiary local utility district, provide for the acquisition or
construction, additions or improvements to, or extensions of, and
operation of, a sewage system within the same service area as in the
judgment of the district commission is necessary or advisable to
eliminate or avoid any existing or potential danger to public health
due to lack of sewerage facilities or inadequacy of existing
facilities.
(((6))) (8) Subject to RCW 43.63A.510, a district located within a
county with a population of from one hundred twenty-five thousand to
less than two hundred ten thousand bordering on Puget Sound may sell
and convey to any city or town with a population of less than ten
thousand all or any part of a water system owned by the district
without approval of the voters upon such terms and conditions as the
district shall determine.
(((7))) (9) A district may sell and convey, lease, or otherwise
dispose of, to any person or entity without approval of the voters and
upon such terms and conditions as it determines, all or any part of an
electric generating project owned directly or indirectly by the
district, regardless of whether the project is completed, operable, or
operating, as long as:
(a) The project is or would be powered by an eligible renewable
resource as defined in RCW 19.285.030; and
(b) The district, or the separate legal entity in which the
district has an interest in the case of indirect ownership, has:
(i) The right to lease the project or to purchase all or any part
of the energy from the project during the period in which it does not
have a direct or indirect ownership interest in the project; and
(ii) An option to repurchase the project or part thereof sold,
conveyed, leased, or otherwise disposed of at or below fair market
value upon termination of the lease of the project or termination of
the right to purchase energy from the project.
(((8))) (10) Districts are municipal corporations for the purposes
of this section. A commission shall be held to be the legislative
body, a president and secretary shall have the same powers and perform
the same duties as a mayor and city clerk, and the district resolutions
shall be held to be ordinances within the meaning of statutes governing
the sale, lease, or other disposal of public utilities owned by cities
and towns.
Sec. 16 RCW 57.08.016 and 1999 c 153 s 5 are each amended to read
as follows:
(1) There shall be no private sale of real property where the
appraised value exceeds the sum of two thousand five hundred dollars.
Subject to the provisions of subsection (2) of this section, no real
property of the district shall be sold for less than ninety percent of
the value thereof as established by a written appraisal made not more
than six months prior to the date of sale by three disinterested real
estate brokers licensed under the laws of the state or professionally
designated real estate appraisers as defined in RCW 74.46.020. The
appraisal shall be signed by the appraisers and filed with the
secretary of the board of commissioners of the district, who shall keep
it at the office of the district open to public inspection. Any notice
of intention to sell real property of the district shall recite the
appraised value thereof.
(2) Subject to RCW 43.63A.510, if no purchasers can be obtained for
the property at ninety percent or more of its appraised value after one
hundred twenty days of offering the property for sale, the board of
commissioners of the district may adopt a resolution stating that the
district has been unable to sell the property at the ninety percent
amount. The district then may sell the property at the highest price
it can obtain at public auction. A notice of intention to sell at
public auction shall be published once a week for two consecutive weeks
in a newspaper of general circulation in the district. The notice
shall describe the property, state the time and place at which it will
be offered for sale and the terms of sale, and shall call for bids, fix
the conditions thereof, and reserve the right to reject any and all
bids for good cause.
(3) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, a district shall give priority to
selling the property to an eligible organization for the development of
affordable housing for extremely low-income, very low-income, low-income, or moderate-income households, consistent with RCW 43.63A.510.
A district may sell, lease, or exchange the property for less than fair
market value if the affordable housing to be developed on the property
is to be occupied primarily by extremely low-income, very low-income,
or low-income households as provided in RCW 43.63A.510.
(4) A district shall identify and catalog real property that is no
longer required for district purposes and is suitable for the
development of affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory must include the location, approximate size,
sale or lease price and terms, and current zoning classification of the
property. Each inventory must be updated at least once a year, and
printed and electronic copies of each inventory must be provided upon
request. Each annual inventory must also include any surplus
properties that have been sold for affordable housing.
Sec. 17 RCW 81.112.080 and 1992 c 101 s 8 are each amended to
read as follows:
An authority shall have the following powers in addition to the
general powers granted by this chapter:
(1) To carry out the planning processes set forth in RCW
81.104.100;
(2) To acquire by purchase, condemnation, gift, or grant and to
lease, construct, add to, improve, replace, repair, maintain, operate,
and regulate the use of high capacity transportation facilities and
properties within authority boundaries including surface, underground,
or overhead railways, tramways, busways, buses, bus sets, entrained and
linked buses, ferries, or other means of local transportation except
taxis, and including escalators, moving sidewalks, personal rapid
transit systems or other people-moving systems, passenger terminal and
parking facilities and properties, and such other facilities and
properties as may be necessary for passenger, vehicular, and vessel
access to and from such people-moving systems, terminal and parking
facilities and properties, together with all lands, rights-of-way,
property, equipment, and accessories necessary for such high capacity
transportation systems. When developing specifications for high
capacity transportation system operating equipment, an authority shall
take into account efforts to establish or sustain a domestic
manufacturing capacity for such equipment. The right of eminent domain
shall be exercised by an authority in the same manner and by the same
procedure as or may be provided by law for cities of the first class,
except insofar as such laws may be inconsistent with the provisions of
this chapter. Public transportation facilities and properties which
are owned by any city, county, county transportation authority, public
transportation benefit area, or metropolitan municipal corporation may
be acquired or used by an authority only with the consent of the agency
owning such facilities. Such agencies are hereby authorized to convey
or lease such facilities to an authority or to contract for their joint
use on such terms as may be fixed by agreement between the agency and
the authority.
The facilities and properties of an authority whose vehicles will
operate primarily within the rights-of-way of public streets, roads, or
highways, may be acquired, developed, and operated without the corridor
and design hearings that are required by RCW 35.58.273 for mass transit
facilities operating on a separate right-of-way;
(3) To dispose of any real or personal property acquired in
connection with any authority function and that is no longer required
for the purposes of the authority, in the same manner as provided for
cities of the first class. When an authority determines that a
facility or any part thereof that has been acquired from any public
agency without compensation is no longer required for authority
purposes, but is required by the agency from which it was acquired, the
authority shall by resolution transfer it to such agency;
(4) In selling, leasing, transferring, or otherwise disposing of
surplus or underutilized property, to give priority to selling the
property to an eligible organization for the development of affordable
housing for extremely low-income, very low-income, low-income, or
moderate-income households, consistent with RCW 43.63A.510. An
authority may sell, lease, or exchange the property for less than fair
market value if the affordable housing to be developed on the property
is to be occupied primarily by extremely low-income, very low-income,
or low-income households as provided in RCW 43.63A.510;
(5) To identify and catalog real property that is no longer
required for authority purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory must include the location, approximate size, sale or
lease price and terms, and current zoning classification of the
property. Each inventory must be updated at least once a year, and
printed and electronic copies of each inventory must be provided upon
request. Each annual inventory must also include any surplus
properties that have been sold for affordable housing;
(6) To fix rates, tolls, fares, and charges for the use of such
facilities and to establish various routes and classes of service.
Fares or charges may be adjusted or eliminated for any distinguishable
class of users.
NEW SECTION. Sec. 18 Section 2 of this act expires June 30,
2012.
NEW SECTION. Sec. 19 Section 3 of this act takes effect June 30,
2012.