SSB 6728 -
By Committee on Commerce & Labor
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that providing
prospective purchasers with information about prior uses and the
potential presence of toxic contamination on unimproved real property
that is intended to be developed for residential use allows prospective
purchasers to evaluate the risks, if any, associated with a prospective
purchase of the property. The legislature recognizes that the purchase
of unimproved property zoned for residential use may include risks to
purchasers, especially purchasers without expertise in real estate
development. Therefore, this act creates a task force to review and
recommend methods to inform prospective purchasers of the presence of
toxic contamination on unimproved residential real property.
NEW SECTION. Sec. 2 (1) The office of the attorney general shall
convene a task force to study issues related to the residential real
property disclosure statement required under chapter 64.06 RCW and
methods to disclose information to prospective purchasers of unimproved
real property zoned for residential use. The office of the attorney
general may include in the task force stakeholders representing the
Washington real estate industry, real property purchasers having
experience with undisclosed toxic contamination on unimproved
residential real property, consumer protection organizations, the
residential construction industry, the department of ecology, and the
department of licensing. The office of the attorney general may invite
interested legislators to participate.
(2) The task force shall:
(a) Recommend improvements to methods for purchasers of unimproved
real property zoned for residential use to obtain information about
material conditions relating to the property, including information
regarding prior industrial uses of property and the presence of buried
industrial waste, utility poles and equipment, and similar material
that may contain toxic contaminants;
(b) Recommend additional methods to inform purchasers of potential
toxic contamination on unimproved residential real property prior to a
sale;
(c) Recommend forms, sources of information, and practices used in
transactions involving both improved and unimproved real property zoned
for residential use in other states that provide information to the
purchaser about conditions of unimproved property;
(d) Identify potential sources of information relevant to
conditions of unimproved property zoned for residential use. These
sources may include, but are not limited to, existing real estate
forms, regulatory agencies, local governments, property inspections,
and environmental audits; and
(e) Recommend methods, such as notice provisions, that could be
used in transactions of unimproved real property zoned for residential
use.
(3) The task force shall report its findings and recommendations to
the appropriate committees of the legislature by January 1, 2007.
(4) This section expires January 1, 2007."
Correct the title.
EFFECT: Requires the Office of the Attorney General to convene a task force to study issues related to the residential real property disclosure statement and methods to disclose information to prospective purchasers of unimproved real property zoned for residential use. Requires the task force to make recommendations to the Legislature. Provides that the task force may include representatives from the real estate industry, real property purchasers having experience with undisclosed toxic contamination on unimproved residential real property, consumer protection organizations, the residential construction industry, the Department of Ecology, and the Department of Licensing. Allows the Office of the Attorney General to also invite interested legislators to participate.