2462-S.E AMS NAT S5605.1

2462-S.E AMS NAT S5605.1 - CC

ESHB 2462 - S COMM AMD

By Committee on Natural Resources

Strike everything after the enacting clause and insert the following:

"PART I

FLOOD PLAIN MANAGEMENT

NEW SECTION. Sec. 101. (1) The legislature finds that:

(a) The climate and topography of the state create conditions that lead to frequent and severe flood events throughout the state;

(b) Nearly every county in the state has experienced at least one federally declared flood disaster and that several counties have experienced several federally declared flood disasters; and

(2) It is therefore the intent of the legislature to promote the wise use of public dollars by developing state flood funding criteria that encourage local governments to measure, quantify, and achieve numeric or narrative standards for the following outcomes:

(a) Reduce the risks that floods pose to human lives;

(b) Reduce flood damages to public and private property;

(d) Minimize long-term public costs.

NEW SECTION. Sec. 102. A new section is added to chapter 86.16 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 101 through 103 of this act.

(1) "Base flood" or "one hundred year flood" means a flood having a one percent chance of being equaled or exceeded in any given year.

(2) "Department" means the department of ecology.

(3) "Erosion hazard area" means an area where channel migration can occur under existing hydrologic conditions that is specifically identified in a comprehensive flood hazard management plan or a federal, state, or local flood hazard map.

(4) "Federal emergency management agency floodway" means the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

(5) "Flood insurance study" means the official report provided by the federal insurance administration that includes flood profiles and the flood insurance rate map.

(6) "Flood insurance rate map" means the official map on which the federal insurance administration has delineated areas of flood hazard.

(7) "Flood plain" means any land area susceptible to being inundated by water from any inland or tidal waters creating a general and temporary condition of partial or complete inundation of normally dry land areas.

(8) "Flood-prone county" means a county, and all cities and towns within the county, having three or more federally declared flood disasters from January 1, 1979, to January 1, 1994.

(9) "Substantial improvement" means any maintenance, repair, structural modification, addition, or other improvement of a structure that increases the footprint of a structure by fifty percent or more.

Sec. 103. RCW 86.16.041 and 1989 c 64 s 4 are each amended to read as follows:

(1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new flood plain management ordinance or amendment to any existing flood plain management ordinance. Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period.

(2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:

(a) Restriction of land uses within designated federal emergency management agency floodways including the prohibition of construction or reconstruction of residential structures except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed fifty percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Work done ((~~on structures to comply with existing health, sanitary, or safety codes or~~)) to structures identified as historic places shall not be included in the fifty percent determination; and

(b) The minimum requirements of the national flood insurance program((~~; and~~

~~(c) The minimum state requirements adopted pursuant to RCW 86.16.031(8) that are applicable to the particular county, city, or town~~)). Within thirty days of receiving a local flood plain ordinance, the department shall make a decision as to whether or not the ordinance meets the criteria developed pursuant to section 104 of this act and transmit the decision to the applicable city or county and to the department of community, trade, and economic development. If the department finds that an ordinance does not meet the criteria, it shall provide a specific written statement explaining the deficiencies of the ordinance.

NEW SECTION. Sec. 104. A new section is added to chapter 86.16 RCW to read as follows:

(1) Not later than six months after approval under subsection (3) of this section, the department shall adopt by rule state criteria to evaluate local flood plain management ordinances adopted pursuant to chapter 36.70A RCW or this chapter solely for the purpose of making funding decisions.

(2) At a minimum, the criteria shall include the following:

(a) The outcomes identified under RCW 86.12.200(1);

(b) A method for measuring these outcomes;

(d) A timetable for achieving the standard.

(3)(a) A flood hazard reduction task force is created to assist the department in establishing state criteria for funding and flood plain ordinances. The task force shall consist of one representative of the department of ecology, one representative of the department of fish and wildlife, one representative of the department of community, trade, and economic development, three representatives of the association of Washington cities, three representatives of the Washington state association of counties, one representative of the environmental community, one representative of the building community, and two citizens living in an affected flood plain.

(b) Before the department adopts criteria required under subsection (1) of this section, at least ten members of the flood hazard task force shall approve the criteria.

(c) The task force created by (a) of this subsection shall expire thirty days after the department adopts the criteria approved by the task force pursuant to (b) of this subsection.

NEW SECTION. Sec. 105. A new section is added to chapter 86.16 RCW to read as follows:

(1) The department may not issue a grant or loan to fund a flood hazard reduction project under chapter 86.26 RCW to a city or county that has not adopted a flood plain ordinance that has been accepted by the department as meeting the criteria established pursuant to section 104(1) of this act.

(2) This section shall take effect June 30, 1997.

NEW SECTION. Sec. 106. A new section is added to chapter 38.52 RCW to read as follows:

(1) An applicant for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, is eligible only if the department of community, trade, and economic development has received a statement from the department of ecology verifying that the county, city, or town has adopted a flood plain ordinance that meets the criteria established pursuant to section 104(1) of this act.

(2) Within a flood-prone county, an applicant for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, is eligible only if the county has prepared, is preparing, or has formally notified the department of its intention to prepare a local comprehensive flood hazard management plan meeting the requirements of RCW 86.12.200. This requirement is in addition to the requirement under subsection (1) of this section.

(3) The department shall reference or incorporate in the state flood hazard mitigation plan each local ordinance that meets the criteria established pursuant to section 104(1) of this act.

(4) Nothing in subsection (2) of this section prohibits a state agency or tribal government from receiving state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407.

(5) This section shall take effect June 30, 1997.

Sec. 107. RCW 86.12.200 and 1991 c 322 s 3 are each amended to read as follows:

(1) Except as provided in RCW 86.26.105, the county legislative authority of any county may adopt a comprehensive flood ((~~control~~)) hazard management plan for any drainage basin that is located wholly or partially within the county. The plan elements under subsection (2) of this section shall, to the maximum extent possible, achieve the following goals:

(a) Reduce the risks that floods pose to human lives;

(b) Reduce flood damages to public and private property;

(d) Minimize long-term public costs.

(2) A comprehensive flood ((~~control~~)) hazard management plan shall include the following elements:

((~~(1)~~)) (a) Designation of areas that are susceptible to periodic flooding, from inundation by bodies of water or surface water runoff, or both, including the river's meander belt or floodway;

((~~(2)~~)) (b) Establishment of a comprehensive scheme of flood ((~~control~~)) hazard protection and improvements for the areas that are subject to such periodic flooding, that includes: ((~~(a)~~))

(i) Determining the need for, and desirable location of, flood ((~~control~~)) hazard reduction improvements to protect or preclude flood damage to structures, works, and improvements, based upon a ((~~cost/benefit~~)) cost-benefit ratio between the expense of providing and maintaining these improvements and the benefits arising from these improvements; ((~~(b)~~))

(ii) Establishing the level of flood protection that each portion of the system of flood ((~~control~~)) hazard reduction improvements will be permitted; ((~~(c)~~))

(iii) Identifying the positive and negative impacts of periodic flooding to riparian natural resources;

(iv) Identifying potential impacts of in-stream flood hazard reduction work on the state's in-stream resources or floodway and considering alternatives to in-stream flood ((~~control~~)) hazard reduction work; ((~~(d)~~))

(v) Identifying flood storage areas where flood waters could be directed during a flood to avoid damage to buildings and other structures; ((~~and (e)~~))

(vi) Identifying areas where a river may migrate into a new channel;

(vii) Identifying practices that will avoid long-term accretion of sediments; and

(viii) Identifying sources of revenue that will be sufficient to finance the comprehensive scheme of flood ((~~control~~)) hazard management protection and improvements, including but not limited to compensating owners of land designated as a flood storage area;

((~~(3) Establishing~~)) (c) Establishment of land use regulations, within a river's floodway that ((preclude the location of structures, works, or improvements in critical portions of such areas subject to periodic flooding, including a river's meander belt or floodway, and permitting only flood-compatible land uses in such areas;

~~(4) Establishing restrictions on~~)): (i) Allow only flood-compatible land-uses. These uses may include, but shall not be limited to agriculture, recreation, and transportation; (ii) restrict construction activities ((~~in areas subject to periodic floods that require the flood proofing of those structures that are permitted to be constructed or remodeled; and~~

~~(5) Establishing~~)); and (iii) establish restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas. Land clearing activities do not include forest practices as defined in chapter 76.09 RCW.

(3) Each comprehensive flood hazard management plan prepared by a city, town, or special district shall be consistent with the county flood hazard management plan. Each plan prepared by a county shall include criteria to judge consistency. At a minimum, the criteria shall be based on the ability of the plan to:

(a) Protect existing flood storage and conveyance;

(b) Control storm water runoff; and

(4) Inconsistencies between a county flood hazard management plan and a city, town, or special district comprehensive flood hazard management plan shall be resolved by a growth planning hearings board.

(5) A comprehensive flood ((~~control~~)) hazard management plan shall be subject to the minimum requirements for participation in the national flood insurance program((,)) and any flood plain requirements exceeding the minimum national flood insurance program ((that have been adopted by the department of ecology for a specific flood plain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to flood plain management activities)).

(6) When a county plans under chapter 36.70A RCW, it ((~~may~~)) shall incorporate the portion of its comprehensive flood control management plan relating to land use restrictions in its comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW.

NEW SECTION. Sec. 108. A new section is added to chapter 86.12 RCW to read as follows:

(1) Each county comprehensive flood hazard management plan shall be consistent with any other county flood hazard management plan prepared for the same watershed.

(2) Inconsistencies between a county comprehensive flood management plan and another county comprehensive flood management plan prepared for the same watershed shall be resolved by a growth planning hearings board upon petition of the department of ecology, a local government within the watershed, or twenty-five or more citizens in the area of the watershed.

Sec. 109. RCW 36.70A.280 and 1991 sp.s. c 32 s 9 are each amended to read as follows:

(1) A growth planning hearings board shall hear and determine only those petitions alleging ((~~either~~)): (a) That a state agency, county, or city is not in compliance with the requirements of this chapter, or chapter 43.21C RCW as it relates to plans, regulations, and amendments thereto, adopted under RCW 36.70A.040; ((or)) (b) that the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted; or (c) that comprehensive flood hazard reduction plans prepared for the same watershed are inconsistent.

(2) A petition may be filed only by the state, a county or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified pursuant to RCW 34.05.530.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

Sec. 110. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330((.));

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, and 90.48.120((.));

(c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit((.));

(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW((.));

(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080((.));

(f) Decisions of the department regarding the grant or denial of local flood plain ordinances pursuant to chapter 86.16 RCW or comprehensive flood hazard management plans pursuant to chapter 86.26 RCW; and

(g) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

(2) The following hearings shall not be conducted by the hearings board:

(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW((.));

(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180((.));

(c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW((.)); and

(d) Hearings conducted by the department to adopt, modify, or repeal rules.

(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

Sec. 111. RCW 86.16.020 and 1989 c 64 s 1 are each amended to read as follows:

State-wide flood plain management regulation shall be exercised through: (1) Local governments' administration of the national flood insurance program regulation requirements, (2) the establishment of minimum state requirements for flood plain management that ((~~equal~~)) include the minimum federal requirements for the national flood insurance program, and (3) the issuance of regulatory orders. State-wide flood plain management regulations shall not include requirements to establish a zero-rise floodway. This regulation shall be exercised over the planning, construction, operation and maintenance of any works, structures and improvements, private or public, which might, if improperly planned, constructed, operated and maintained, adversely influence the regimen of a stream or body of water or might adversely affect the security of life, health and property against damage by flood water.

Sec. 112. RCW 86.16.045 and 1989 c 64 s 6 are each amended to read as follows:

A county, city, or town may adopt flood plain management ordinances or requirements that exceed state requirements or the minimum federal requirements of the national flood insurance program ((~~without following the procedures provided in RCW 86.16.031(8)~~)).

Sec. 113. RCW 86.26.010 and 1984 c 212 s 2 are each amended to read as follows:

The department of ecology shall have charge for the state of the administration and enforcement of all laws relating to flood ((~~control~~)) hazard management and shall adopt rules as necessary to implement the provisions of this chapter.

Sec. 114. RCW 86.26.105 and 1986 c 46 s 5 are each amended to read as follows:

((A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway.)) (1) By June 30, 1995, the department shall prepare a six-year plan to schedule financial assistance to flood-prone counties preparing a comprehensive flood hazard reduction plan. The six-year plan shall include formal agreements between the department and each flood-prone county intending to prepare a comprehensive flood hazard reduction plan. The six-year plan shall specify the timing and funding of a comprehensive flood hazard management plan. A comprehensive flood ((~~control~~)) hazard management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050.

((If after this three-year period has elapsed such a comprehensive flood control plan has not been completed and adopted, grants for flood control maintenance projects shall not be made to the county or municipal corporations in the county until a comprehensive flood control plan is completed and adopted by the appropriate local authority.)) Each flood-prone county shall, and each city within a flood-prone county may, notify the department, in writing, of its intentions to prepare a comprehensive flood hazard management plan by January 1, 1995.

(2) The department may not issue a grant or loan to fund a flood hazard reduction project under this chapter to a city or county that is in violation of subsection (1) of this section. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060.

NEW SECTION. Sec. 115. A new section is added to chapter 43.300 RCW to read as follows:

The department shall give priority to, and shall expedite the processing of, hydraulics permits authorizing projects that a county identifies as being critical to implementing an approved comprehensive flood hazard management plan developed by the county under RCW 86.12.200.

NEW SECTION. Sec. 116. A new section is added to chapter 90.58 RCW to read as follows:

The department shall give priority to, and shall expedite the processing of, substantial development permits authorizing projects that a county identifies as being critical to implementing an approved comprehensive flood hazard management plan developed by the county under RCW 86.12.200.

Sec. 117. RCW 79.90.150 and 1991 c 337 s 1 are each amended to read as follows:

When gravel, rock, sand, silt or other material from any aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of such material may be authorized by the department of natural resources for a public purpose on land owned or leased by the state or any municipality, county, or public corporation: PROVIDED, That when no public land site is available for deposit of such material, its deposit on private land with the landowner's permission is authorized and may be designated by the department of natural resources to be for a public purpose. Prior to removal and use, the state agency, municipality, county, or public corporation contemplating or arranging such use shall first obtain written permission from the department of natural resources. No payment of royalty shall be required for such gravel, rock, sand, silt, or other material used for such public purpose, but a charge will be made if such material is subsequently sold or used for some other purpose: PROVIDED, That the department may authorize such public agency or private landowner to dispose of such material without charge when necessary to implement disposal of material. No charge shall be required for any use of the material obtained under the provisions of this chapter when used solely on an authorized site. No charge shall be required for any use of the material obtained under the provisions of this chapter if the material is used for public purposes by local governments. No charge may be required for removal or use of such material if the removal of the material is determined by the local government to be for flood control purposes. Public purposes include, but are not limited to, construction and maintenance of roads, dikes, and levies. Nothing in this section shall repeal or modify the provisions of RCW 75.20.100 or eliminate the necessity of obtaining a permit for such removal from other state or federal agencies as otherwise required by law.

Sec. 118. RCW 79.90.300 and 1991 c 322 s 26 are each amended to read as follows:

(1) The department of natural resources, upon application by any person or when determined by the department to be in the best interest of the state, may enter into a contract or lease providing for the removal and sale of rock, gravel, sand, and silt, or other valuable materials located within or upon beds of navigable waters, or upon any tidelands or shorelands belonging to the state and providing for payment to be made therefor by such royalty as the department may fix, by negotiation, by sealed bid, or at public auction. If application is made for the purchase of any valuable material situated within or upon aquatic lands the department shall inspect and appraise the value of the material in the application. The department may reduce or eliminate royalties in areas prone to flooding. Removal of material from within the ordinary high water mark shall be construed as being removed for flood control purposes. The department may include a provision in contracts for the removal of rock, gravel, sand, or silt that allows for payment to be made as the material is sold.

(2) The department shall actively seek to encourage through permit requirements and adjusted fees the removal of accumulated materials from rivers and streams where there is a flood damage reduction benefit. The department shall develop policies to accomplish this goal.

NEW SECTION. Sec. 119. RCW 79.90.325 and 1984 c 212 s 10 are each repealed.

PART II

FUNDING

Sec. 201. RCW 86.26.050 and 1991 c 322 s 6 are each amended to read as follows:

(1) State participation shall be in such preparation of comprehensive flood ((~~control~~)) hazard management plans under this chapter and chapter 86.12 RCW, cost sharing feasibility studies for new flood ((~~control~~)) hazard reduction projects, ((~~projects pursuant to section 33, chapter 322, Laws of 1991,~~)) and flood ((~~control maintenance~~)) hazard reduction projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.

(2) The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses.

(3) No participation for flood ((~~control maintenance~~)) hazard reduction projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood plain management ((~~activities~~)) ordinances of the county, city, or town having planning jurisdiction over the area where the flood ((~~control maintenance~~)) hazard reduction project will be, on the one hundred year flood plain surrounding such area.

((The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses. Whenever the department has approved county, city, and town flood plain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the flood plain management activities must be approved by the department of ecology, in consultation with the department of fisheries and the department of wildlife.))

(4) No participation with a county or other municipal corporation for flood ((~~control maintenance~~)) hazard reduction projects may occur unless the county engineer of the county within which the flood ((~~control maintenance~~)) hazard reduction project is located certifies that a comprehensive flood ((~~control~~)) hazard management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.

((~~(3)~~)) (5) Participation for flood ((~~control maintenance~~)) hazard reduction projects and preparation of comprehensive flood ((~~control~~)) hazard management plans shall be made from grants made by the department of ecology from the flood ((~~control~~)) hazard reduction assistance account. In making allocation decisions on planning grants, the department shall give first priority to counties that have been designated as flood prone. The comprehensive flood ((~~control~~)) hazard management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with affected Indian tribes, the department of transportation, and the department of ((~~fisheries and the department of~~)) fish and wildlife as a condition of receiving funds for hazard reduction projects under this chapter. ((The department may only grant financial assistance to local governments that, in the opinion of the department, are making good faith efforts to take advantage of, or comply with, federal and state flood control programs.))

(6) For purposes of this section, "flood hazard reduction project" means any structural or nonstructural project.

NEW SECTION. Sec. 202. A new section is added to chapter 86.26 RCW to read as follows:

(1) In awarding grants under this chapter, the department of ecology shall give strong preference to local governments that have: (a) Implemented, or are in the process of implementing, an ordinance that establishes a flood plain policy that is substantially more stringent than minimum federal requirements; (b) completed, or are in the process of completing, a comprehensive flood hazard management plan meeting the requirements of RCW 86.12.200; or (c) have incorporated public access into their flood hazard reduction projects.

(2) This section shall expire June 30, 1997, if rules are adopted under section 104 of this act.

Sec. 203. RCW 86.15.030 and 1969 ex.s. c 195 s 2 are each amended to read as follows:

Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7).

At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a county-wide flood control zone district authorized to be created by RCW 86.15.025.

Within ((~~ten~~)) thirty days after final hearing on a resolution, the board shall issue its ((~~order~~)) ordinance creating the flood control zone district.

Sec. 204. RCW 86.15.050 and 1961 c 153 s 5 are each amended to read as follows:

The board ((~~of county commissioners of each county~~)) shall be ex officio, by virtue of their office, supervisors of the zones created in each county. The supervisors of the district shall conduct the business of the flood control zone district according to the regular rules and procedures that it adopts.

Sec. 205. RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:

For the purposes of this chapter the supervisors may authorize:

(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;

(2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;

(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies under chapter 39.67 RCW;

(4) A charge, under RCW 36.89.080 through 36.89.100, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

(5) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.

PART III

FLOOD HAZARD INFORMATION

Sec. 301. RCW 58.19.055 and 1992 c 191 s 5 are each amended to read as follows:

(1) A public offering statement shall contain the following information:

(a) The name, and the address or approximate location, of the development;

(b) The name and address of the developer;

(d) The relationship of the management company to the developer, if any;

(e) The nature of the interest being offered for sale;

(f) A brief description of the permitted uses and use restrictions pertaining to the development and the purchaser's interest therein;

(g) The number of existing lots, parcels, units, or interests in the development and either the maximum number that may be added to the development or the fact that such maximum number has not yet been determined;

(h) A list of the principal common amenities in the development which materially affect the value of the development and those that will or may be added to the development;

(i) The identification of any real property not in the development, the owner of which has access to any of the development, and a description of the terms of such access;

(j) The identification of any real property not in the development to which owners in the development have access and a description of the terms of such access;

(k) The status of construction of improvements in the development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated costs, if any, to be paid by the purchaser;

(l) The estimated current owners' association expense, if any, for which a purchaser would be liable;

(m) An estimate of any payment with respect to any owners' association expense for which the purchaser would be liable at closing;

(n) The estimated current amount and purpose of any fees not included in any owners' association assessments and charged by the developer or any owners' association for the use of any of the development or improvements thereto;

(o) Any assessments which have been agreed to or are known to the developer and which, if not paid, may constitute a lien against any portion of the development in favor of any governmental agency;

(p) The identification of any parts of the development which any purchaser will have the responsibility for maintaining;

(q) A brief description of any blanket encumbrance which is subject to the provisions of RCW 58.19.180;

(r) A list of any physical hazards known to the developer which particularly affect the development or the immediate vicinity in which the development is located and which are not readily ascertainable by the purchaser;

(s) A brief description of any construction warranties to be provided to the purchaser;

(t) Any building code violation citations received by the developer in connection with the development which have not been corrected;

(u) A statement of any unsatisfied judgments or pending suits against any owners' association involved in the development and a statement of the status of any pending suits material to the development of which the developer has actual knowledge;

(v) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 58.19.045(3), including applicable time frames and procedures;

(w) A list of the documents which the prospective purchaser is entitled to receive from the developer before the rescission period commences;

(x) A notice which states:

"A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or by any person identified in the public offering statement as the declarant's agent";

(y) A notice which states:

"This public offering statement is only a summary of some of the significant aspects of purchasing an interest in this development and any documents which may govern or affect the development may be complex, may contain other important information, and create binding legal obligations. You should consider seeking assistance of legal counsel"; and

(z) Any other information and cross-references which the developer believes will be helpful in describing the development to the recipients of the public offering statement, all of which may be included or not included at the option of the developer.

(2) The public offering statement shall include copies of each of the following documents: Any declaration of covenants, conditions, restrictions, and reservations affecting the development; any survey, plat, or subdivision map; the articles of incorporation of any owners' association; the bylaws of any owners' association; the rules and regulations, if any, of any owners' association; current or proposed budget for any owners' association; and the balance sheet of any owners' association current within ninety days if assessments have been collected for ninety days or more.

If any of the foregoing documents listed in this subsection are not available because they have not yet been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of an interest in the development, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.

(3) The disclosures required by subsection (1)(v), (x), and (y) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point bold face type size.

(4) The disclosures required by subsection (1)(r) of this section shall be listed on a separate page from the other disclosures required by this section and shall be printed or typed in ten-point type. If the development or any portion of the development described in the public offering statement is located within an erosion hazard area or the one hundred year flood plain as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, this shall be listed as a physical hazard under subsection (1)(r) of this section.

NEW SECTION. Sec. 302. A new section is added to chapter 64.04 RCW to read as follows:

The seller of real property located in an erosion hazard area or the area mapped in the one hundred year flood plain, as shown on the most recent flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, shall inform the buyer that the property is located in an erosion hazard area or the one hundred year flood plain and may be subject to land use restrictions. The seller shall inform the buyer in the first written document constituting an agreement of sale. Proof of notification prior to closing is the responsibility of the seller.

As used in this section, "erosion hazard area" has the meaning in section 102 of this act.

This section shall take effect January 2, 1995, unless a version of Senate Bill No. 6283 relating to real estate disclosures takes effect by January 1, 1995, and contains specific language requiring disclosures for property in the one hundred year flood plain and erosion hazard areas. If a version of Senate Bill No. 6283 containing these specific disclosure provisions takes effect by January 1, 1995, this section is null and void.

NEW SECTION. Sec. 303. A new section is added to chapter 64.04 RCW to read as follows:

The location of real property within an erosion hazard area or the area mapped as the one hundred year flood plain, as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, is declared to be a hidden defect in the real property that shall be disclosed by the seller of the real property or an ownership interest in the real property.

As used in this section, "erosion hazard area" has the meaning in section 102 of this act.

Sec. 304. RCW 86.16.031 and 1989 c 64 s 3 are each amended to read as follows:

The department of ecology shall:

(1) Review and approve county, city, or town flood plain management ordinances pursuant to RCW 86.16.041;

(2) When requested, provide guidance and assistance to local governments in development and amendment of their flood plain management ordinances;

(3) Provide technical assistance to local governments in the administration of their flood plain management ordinances;

(4) Provide local governments and the general public with information related to the national flood insurance program;

(5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the flood plain that are not in compliance with local, state, or federal flood plain management requirements;

(6) Establish state minimum requirements that ((~~equal minimum~~)) include federal requirements for the national flood insurance program;

(7) Assist counties, cities, and towns in identifying the location of the one hundred year flood plain, and petitioning the federal government to alter its designations of where the one hundred year flood plain is located if the federally recognized location of the one hundred year flood plain is found to be inaccurate; and

(8) ((~~Establish minimum state requirements for specific flood plains that exceed the minimum federal requirements for the national flood insurance program, but only if:~~

~~(a) The location of the one hundred year flood plain has been reexamined and is certified by the department as being accurate;~~

~~(b) negotiations have been held with the affected county, city, or town over these regulations;~~

~~(c) public input from the affected community has been obtained; and~~

~~(d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety~~)) File copies of the flood insurance rate maps, provided by the federal emergency management agency for the national flood insurance program, with the county auditor in each county in which property shown on the maps is located. The department shall, on an annual basis, file revised maps with each county auditor in counties for which the maps are revised.

PART IV

MISCELLANEOUS

NEW SECTION. Sec. 401. Part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 402. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

ESHB 2462 - S COMM AMD

By Committee on Natural Resources

On page 1, line 1 of the title, after "reduction;" strike the remainder of the title and insert "amending RCW 86.16.041, 86.12.200, 36.70A.280, 43.21B.110, 86.16.020, 86.16.045, 86.26.010, 86.26.105, 79.90.150, 79.90.300, 86.26.050, 86.15.030, 86.15.050, 86.15.160, 58.19.055, and 86.16.031; adding new sections to chapter 86.16 RCW; adding a new section to chapter 38.52 RCW; adding a new section to chapter 86.12 RCW; adding a new section to chapter 43.300 RCW; adding a new section to chapter 90.58 RCW; adding a new section to chapter 86.26 RCW; adding new sections to chapter 64.04 RCW; creating new sections; repealing RCW 79.90.325; and providing contingent effective dates."