SHB 3207 -
By Representative Santos
ADOPTED 02/13/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 Major public facilities, public works, and
capital projects with significant public funding generally aim to
accrue broad benefits to the people of Washington. However, frequently
overlooked or inadequately addressed is the interest of the stakeholder
community that bears the disproportionate cost of the broad public
benefit by absorbing a deleterious impact upon itself. These impacts
may include dislocation, displacement, and the overall disintegration
of an identifiable existing community and its historical and cultural
character. The legislature finds that the preservation and restoration
of the character of such a community, and the community's historical
and cultural character, are important public policy goals that can be
achieved through the creation of community preservation authorities.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Community" means a group of people who reside or work in a
well-defined geographic area and who currently or historically share a
distinct cultural identity or local history.
(2) "Community preservation authority" means an authority created
by members of an impacted community.
(3) "Impacted community" means a community that has been or has the
potential to be adversely impacted by the construction of, or ongoing
operation of, multiple major public facilities, public works, and
capital projects with significant public funding.
(4) "Major public facilities project, public works project, or
capital project with significant public funding" means any capital
project whose total cost exceeds ten million dollars.
(5) "Single point of contact" means a cabinet-level state agency
directed by the legislature to work with community preservation
authorities to ensure communication and consultation among state and
local governments and communities that may be impacted by future major
public facilities, public works, or capital projects with significant
public funding.
NEW SECTION. Sec. 3 (1) Community preservation authorities are
hereby created to restore or enhance the health, safety, and well-being
of communities adversely impacted by the construction of, or ongoing
operation of, multiple major public facilities, public works, and
capital projects with significant public funding.
(2) Community preservation authorities have the following purposes:
(a) To revitalize, enhance, and preserve the unique character of
impacted communities;
(b) To mitigate the adverse effects of multiple major public
facilities projects, public works projects, or capital projects with
significant public funding, or a secure community transition facility
as defined in RCW 71.09.020(14);
(c) To restore a local area's sense of community;
(d) To reduce the displacement of community members and businesses;
(e) To stimulate the community's economic vitality;
(f) To enhance public service provisions;
(g) To improve the standard of living of community members;
(h) To preserve historic buildings or areas by returning them to
economically productive uses that are compatible with or enhance their
historic character; and
(i) To raise the visibility of the consequences of public policy
decisions and actions.
NEW SECTION. Sec. 4 (1) Members of an impacted community may
propose formation of a community preservation authority to the state
legislative delegation representing the area in which the community is
located.
(2) The affairs of a community preservation authority must be
managed by a board of directors, including the following members:
(a) Two members who own, operate, or represent businesses within
the community;
(b) Two members who are involved in providing nonprofit community
or social services within the community;
(c) Two members who are involved in the arts and entertainment
within the community;
(d) Two members with significant knowledge of the community's
culture and history; and
(e) One member who is involved in a nonprofit or public planning
organization that directly serves the impacted community.
(3) In appointing members to the board of directors, preference
will be given to candidates who reside within the impacted community.
NEW SECTION. Sec. 5 Once constituted, a community preservation
authority shall:
(1) Solicit input from members of its community and develop a
capital projects plan to restore or enhance the health, safety, and
well-being of the impacted community and to preserve and recapture its
cultural and historical identity;
(2) Include within the plan a prioritized list of projects
identified and supported by the community, including capital or
operating components that address one or more of the purposes under
section 3 of this act;
(3) Work in partnership with a designated state agency to assist
organizations that serve the impacted community to identify and
successfully compete for local, state, federal, and private funding to
carry out projects that will benefit the impacted area; and
(4) Work with the single point of contact to ensure that state and
local government officials communicate and consult fully with the
impacted community and with each other prior to making siting, design,
and construction decisions for future public facilities, public works
projects, and capital projects with significant public funding. The
single point of contact must make every effort to ensure that the
cumulative effects of multiple projects upon the impacted community are
considered.
NEW SECTION. Sec. 6 The community preservation authority account
is created in the state treasury. Moneys in the account may be spent
only after appropriation. Expenditures from the account may be used
only for projects under this chapter.
NEW SECTION. Sec. 7 By November 15, 2006, the department of
community, trade, and economic development shall develop and report to
the appropriate committees of the legislature recommendations for a
community preservation authorities program. The department shall
develop the recommendations within existing resources and shall consult
with at least one community that has an interest in forming such an
authority. The recommendations must include statutory and budgetary
elements needed to support the program and must address operational
issues, including: (1) The appointing authority and process by which
community preservation authority board members are named; (2) state
agencies that should be considered for designation as the single point
of contact; (3) the means for establishing the authorities' eligibility
for grant and loan programs; (4) how the community preservation
authorities program should address the potential impacts of major
public facilities, public works, and capital projects sited within and
adjacent to the community's geographic boundaries; and (5) any other
issues that must be resolved in order to operate the program.
NEW SECTION. Sec. 8 Sections 1 through 6 of this act constitute
a new chapter in Title
EFFECT: (1) Removes reference in the definition of "community" to
the percentage of minority or low-income individuals in a geographic
area.
(2) Expands the definition of "impacted community" to include a
community with potential to be adversely impacted by future projects.
(3) Adds a definition of "single point of contact," a state agency
directed to work with community preservation authorities to ensure
communication and consultation.
(4) Alters the composition of the authority board of directors by
removing the state and local elected officials and adding a member
involved in a planning organization that serves the impacted community.
(5) Specifies that preference in board appointments be given to
residents of the impacted community.
(6) Clarifies that for the capital projects plan, community input
be solicited, the prioritized list be identified and supported by the
community, and the authority work in partnership with a designated
state agency to seek funding.
(7) Requires the authority and the single point of contact to
ensure communication and consultation among agencies and the community
prior to siting, design, and construction decisions.
(8) Requires CTED to develop recommendations for a community
preservation authorities program including statutory, budgetary, and
operational components, and report to appropriate legislative
committees by November 15, 2006.