E2SHB 2418 -
By Committee on Ways & Means
ADOPTED 03/03/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.185
RCW to read as follows:
The legislature finds that Washington is experiencing an affordable
housing crisis and that this crisis is growing exponentially every year
as the population of the state expands and housing values increase at
a rate that far exceeds most households' proportionate increase in
income.
The fiscal and societal costs of the lack of adequate affordable
housing are high for both the public and private sectors. Current
levels of funding for affordable housing programs are inadequate to
meet the housing needs of many low-income Washington households.
NEW SECTION. Sec. 2 The legislature may authorize a transfer of
up to twenty-five million dollars for the fiscal year ending June 30,
2006, into the Washington housing trust fund created in RCW 43.185.030.
Any portion of this act that is appropriated to the department shall be
included in the calculation of annual funds available for determining
the administrative costs of the department, which shall not exceed five
percent of the annual funds available for the housing assistance
program and the affordable housing program as authorized under RCW
43.185.030 and 43.185A.030.
NEW SECTION. Sec. 3 A new section is added to chapter 43.185 RCW
to read as follows:
The application process and distribution procedure for the
allocation of funds are the same as the competitive application process
and distribution procedure for the housing trust fund, described in
this chapter and chapter 43.185A RCW, except for the funds applied to
the homeless families services fund created in RCW 43.330.167, dollars
appropriated to weatherization administered through the energy
matchmaker program, dollars appropriated for housing vouchers for
homeless persons, victims of domestic violence, and low-income persons
or seasonal farm workers, and dollars appropriated to any program to
provide financial assistance for grower-provided on-farm housing for
low-income migrant or seasonal farm workers.
NEW SECTION. Sec. 4 A new section is added to chapter 43.185A
RCW to read as follows:
The application process and distribution procedure for the
allocation of funds are the same as the competitive application process
and distribution procedure described in section 3 of this act.
NEW SECTION. Sec. 5 The department must report to the
appropriate committees of the legislature how appropriated funds were
utilized on a county or city specific basis no later than December 31,
2007.
Sec. 6 RCW 43.185C.010 and 2005 c 484 s 3 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Director" means the director of the department of community,
trade, and economic development.
(3) "Homeless person" means an individual living outside or in a
building not meant for human habitation or which they have no legal
right to occupy, in an emergency shelter, or in a temporary housing
program which may include a transitional and supportive housing program
if habitation time limits exist. This definition includes substance
abusers, mentally ill people, and sex offenders who are homeless.
(4) "Washington homeless census" means an annual statewide census
conducted as a collaborative effort by towns, cities, counties,
community-based organizations, and state agencies, with the technical
support and coordination of the department, to count and collect data
on all homeless individuals in Washington.
(5) "Homeless housing account" means the state treasury account
receiving the state's portion of income from revenue from the sources
established by RCW 36.22.179.
(6) "Homeless housing grant program" means the vehicle by which
competitive grants are awarded by the department, utilizing moneys from
the homeless housing account, to local governments for programs
directly related to housing homeless individuals and families,
addressing the root causes of homelessness, preventing homelessness,
collecting data on homeless individuals, and other efforts directly
related to housing homeless persons.
(7) "Local government" means a county government in the state of
Washington or a city government, if the legislative authority of the
city affirmatively elects to accept the responsibility for housing
homeless persons within its borders.
(8) "Housing continuum" means the progression of individuals along
a housing-focused continuum with homelessness at one end and
homeownership at the other.
(9) "Local homeless housing task force" means a voluntary local
committee created to advise a local government on the creation of a
local homeless housing plan and participate in a local homeless housing
program. It must include a representative of the county, a
representative of the largest city located within the county, at least
one homeless or formerly homeless person, such other members as may be
required to maintain eligibility for federal funding related to housing
programs and services and if feasible, a representative of a private
nonprofit organization with experience in low-income housing.
(10) "Long-term private or public housing" means subsidized and
unsubsidized rental or owner-occupied housing in which there is no
established time limit for habitation of less than two years.
(11) "Interagency council on homelessness" means a committee
appointed by the governor and consisting of, at least, ((the director
of)) policy level representatives of the following entities: (a) The
department of community, trade, and economic development; (b) the
((secretary of the)) department of corrections; (c) the ((secretary of
the)) department of social and health services; (d) the ((director of
the)) department of veterans affairs; and (e) the ((secretary of the))
department of health.
(12) "Performance measurement" means the process of comparing
specific measures of success against ultimate and interim goals.
(13) "Community action agency" means a nonprofit private or public
organization established under the economic opportunity act of 1964.
(14) "Housing authority" means any of the public corporations
created by chapter 35.82 RCW.
(15) "Homeless housing program" means the program authorized under
this chapter as administered by the department at the state level and
by the local government or its designated subcontractor at the local
level.
(16) "Homeless housing plan" means the ten-year plan developed by
the county or other local government to address housing for homeless
persons.
(17) "Homeless housing strategic plan" means the ten-year plan
developed by the department, in consultation with the interagency
council on homelessness and the affordable housing advisory board.
(18) "Washington homeless client management information system"
means a data base of information about homeless individuals in the
state used to coordinate resources to assist homeless clients to obtain
and retain housing and reach greater levels of self-sufficiency or
economic independence when appropriate, depending upon their individual
situations.
NEW SECTION. Sec. 7 A new section is added to chapter 43.185C
RCW to read as follows:
(1) The interagency council on homelessness, as defined in RCW
43.185C.010, shall be convened not later than August 31, 2006, and
shall meet at least two times each year and report to the appropriate
committees of the legislature annually by December 31st on its
activities.
(2) The interagency council on homelessness shall work to create
greater levels of interagency coordination and to coordinate state
agency efforts with the efforts of state and local entities addressing
homelessness.
(3) The interagency council shall seek to:
(a) Align homeless-related housing and supportive service policies
among state agencies;
(b) Identify ways in which providing housing with appropriate
services can contribute to cost savings for state agencies;
(c) Identify policies and actions that may contribute to
homelessness or interfere with its reduction;
(d) Review and improve strategies for discharge from state
institutions that contribute to homelessness;
(e) Recommend policies to either improve practices or align
resources, or both, including those policies requested by the
affordable housing advisory board or through state and local housing
plans; and
(f) Ensure that the housing status of people served by state
programs is collected in consistent formats available for analysis.
Sec. 8 RCW 43.63A.655 and 1999 c 267 s 4 are each amended to read
as follows:
(1) In order to improve services for the homeless, the department,
within amounts appropriated by the legislature for this specific
purpose, shall implement ((a)) the Washington homeless client
management information system for the ongoing collection and ((analysis
of)) updates of information about all homeless individuals in the
state.
(2) Information about homeless individuals for the Washington
homeless client management information system shall come from the
Washington homeless census and from state agencies and community
organizations providing services to homeless individuals and families.
Personally identifying information about homeless individuals for the
Washington homeless client management system may only be collected
after having obtained informed, reasonably time limited written consent
from the homeless individual to whom the information relates. Data
collection shall be done in a manner consistent with federally informed
consent guidelines regarding human research which, at a minimum,
require that individuals be informed about the expected duration of
their participation, an explanation of whom to contact for answers to
pertinent questions about the data collection and their rights
regarding their personal identifying information, an explanation
regarding whom to contact in the event of injury to the individual
related to the homeless client survey, a description of any reasonably
foreseeable risks to the homeless individual, and a statement
describing the extent to which confidentiality of records identifying
the individual will be maintained.
(3) The Washington homeless client management information system
shall serve as an online information and referral system to enable
local governments and providers to connect homeless persons in the data
base with available housing and other support services. Local
governments shall develop a capacity for continuous case management,
including independent living plans, when appropriate, to assist
homeless persons.
(4) The information in the Washington homeless client management
information system will also provide the department with the
information to consolidate and analyze data about the extent and nature
of homelessness in Washington state, giving emphasis to information
about the extent and nature of homelessness in Washington state among
families with children.
(5) The system may be merged with other data gathering and
reporting systems and shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with all relevant
state agencies including the department of social and health services,
experts, and community organizations involved in the delivery of
services to homeless persons; and
(c) Include related information held or gathered by other state
agencies.
(((2))) (6) Within amounts appropriated by the legislature, for
this specific purpose, the department shall evaluate the information
gathered and disseminate the analysis and the evaluation broadly, using
appropriate computer networks as well as written reports.
(7) The Washington homeless client management information system
shall be implemented by December 31, 2009, and updated with new
homeless client information at least annually.
NEW SECTION. Sec. 9 (1) The department of community, trade, and
economic development shall conduct a study to evaluate the potential
development of a voluntary statewide, low-income household housing
waiting list data base that would include information on all low-income
households requesting housing assistance for the purpose of connecting
such households with appropriate housing opportunities. The study
shall investigate and evaluate the following:
(a) The anticipated benefits of such a statewide waiting list to
low-income households and low-income housing providers;
(b) The cost of implementing and maintaining the data base; and
(c) Best practices from other states or from counties in other
states that currently have a similar data base.
The department shall report the results of this study to the
appropriate committees of the legislature by December 31, 2007.
(2) This section expires December 31, 2007.
NEW SECTION. Sec. 10 A new section is added to chapter 43.185A
RCW to read as follows:
(1) The department shall create or purchase, and implement by
December 31, 2009, a master affordable housing data base that includes
specific information about existing affordable rental housing stock in
the state of Washington. The data base shall be maintained and
continually updated by the department, and the department may
cross-reference and exchange information between this data base and
other existing state housing data bases.
(2) The data base shall include information on all rental units
that meet the affordable housing definition and have received or
continue to receive funding from the federal, state, or local
government, or other nonprofit organization or financing through the
Washington housing finance commission. The department shall encourage
private landlords to voluntarily submit information about private
rental units that are affordable for low-income households to be
included in the data base.
(3) The data base shall include information about rental units that
shall be determined by the department. However, the data base must
include, at a minimum, measures for quality, cost, safety, and size.
(4) Other state agencies, local governments, local public agencies,
including water and sewer districts, housing authorities, and other
housing organizations shall cooperate with the department to create and
update the affordable housing data base by providing to the department
any requested existing information about rental housing units within
the jurisdiction.
(5) The data base shall be searchable by the department, local
governments, community housing organizations, including housing
authorities, and the public according to housing characteristics
determined by the department including, at a minimum, location, cost,
and size. The data base will be utilized for data collection about
Washington's affordable rental housing stock and will also serve as a
low-income housing referral system to connect low-income households
seeking housing with appropriate and available units.
NEW SECTION. Sec. 11 A new section is added to chapter 43.185A
RCW to read as follows:
The department, the housing finance commission, the affordable
housing advisory board, and all local governments, housing authorities,
and other nonprofits receiving state housing funds or financing through
the housing finance commission shall, by December 31, 2006, and
annually thereafter, review current housing reporting requirements
related to housing programs and services and give recommendations to
streamline and simplify all planning and reporting requirements to the
department of community, trade, and economic development, which will
compile and present the recommendations annually to the legislature.
The entities listed in this section shall also give recommendations for
additional legislative actions that could promote affordable housing
and end homelessness.
NEW SECTION. Sec. 12 A new section is added to chapter 35.82 RCW
to read as follows:
A joint housing authority may be dissolved pursuant to
substantially identical resolutions or ordinances of the legislative
authority of each of the counties or cities that previously authorized
that joint housing authority. These resolutions or ordinances may
authorize the execution of an agreement among the counties, cities, and
the joint housing authority that provides for the timing, distribution
of assets, obligations and liabilities, and other matters deemed
necessary or appropriate by the legislative authorities.
(2) Each resolution or ordinance dissolving a joint housing
authority shall provide for the following:
(a) Activation or reactivation of a housing authority or joint
housing authority by each of the cities and counties that previously
authorized the joint housing authority and any additional cities or
counties that are then to be added. This activation or reactivation
takes effect upon the dissolution of the joint housing authority or at
an earlier time provided in the resolutions or ordinances dissolving
the joint housing authority; and
(b) Distribution of all assets, obligations, and liabilities of the
joint housing authority to the housing authorities activated or
reactivated under (a) of this subsection. Distribution of assets,
obligations, and liabilities may be based on any, or a combination of
any of, the following considerations:
(i) The population within the boundaries of each of the housing
authorities activated or reactivated under (a) of this subsection;
(ii) The number of housing units owned by the joint housing
authority within the boundaries of each of the housing authorities
activated or reactivated under (a) of this subsection;
(iii) The number of low-income residents within the boundaries of
each of the housing authorities activated or reactivated under (a) of
this subsection;
(iv) The effect of the proposed distribution on the viability of
the housing authorities activated or reactivated under (a) of this
subsection; or
(v) Any other reasonable criteria to determine the distribution of
assets, obligations, and liabilities.
(3) Each activated or reactivated housing authority shall be
responsible for debt service on bonds or other obligations issued or
incurred to finance the acquisition, construction, or improvement of
the projects, properties, and other assets that have been distributed
to them under the dissolution. However, if an outstanding bond issue
is secured in whole or in part by the general revenues of the joint
housing authority being dissolved, each housing authority activated or
reactivated under subsection (2)(a) of this section shall remain
jointly and severally liable for retirement of debt service through
repayment of those outstanding bonds and other obligations of the joint
housing authority until paid or defeased, from general revenues of each
of the activated or reactivated housing authorities, and from any other
revenues and accounts that had been expressly pledged by the joint
housing authority to the payment of those bonds or other obligations.
As used in this subsection, "general revenues" means all revenues of a
housing authority from any source, but only to the extent that those
revenues are available to pay debt service on bonds or other
obligations and are not then or thereafter pledged or restricted by
law, regulation, contract, covenant, resolution, deed of trust, or
otherwise, solely to another particular purpose.
NEW SECTION. Sec. 13 RCW 43.63A.655 is recodified as a section
in chapter 43.185C RCW.
NEW SECTION. Sec. 14 If specific funding is not transferred from
the general fund to the Washington housing trust fund for the purposes
of this act, referencing this act by bill or chapter number, by June
30, 2006, in the omnibus appropriations act, this act is null and
void."
E2SHB 2418 -
By Committee on Ways & Means
ADOPTED 03/03/2006
On page 1, line 1 of the title, after "housing;" strike the remainder of the title and insert "amending RCW 43.185C.010 and 43.63A.655; adding new sections to chapter 43.185 RCW; adding new sections to chapter 43.185A RCW; adding new sections to chapter 43.185C RCW; adding a new section to chapter 35.82 RCW; creating new sections; recodifying RCW 43.63A.655; and providing an expiration date."