2SHB 1332 -
By Representative Pettigrew
ADOPTED 02/18/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that:
(a) The lack of affordable housing for very low-income and low-income households and for housing for special needs populations is
intensified by the rising cost of land and construction;
(b) There are publicly owned surplus land and buildings that may be
suitable to be marketed, sold, leased, or exchanged for the development
of affordable housing or housing for special needs populations; and
(c) Requiring certain public agencies, commissions, and local
governments to offer suitable surplus land and buildings for a minimum
period of time to eligible organizations for the purpose of the
development of affordable housing or housing for special needs
populations confers a valuable benefit on the public that constitutes
consideration for the sale of such property.
(2) The legislature declares that the purpose of this act is to:
(a) Identify publicly owned land and buildings that may be suitable
for the development of affordable housing for very low-income and low-income households or for housing for special needs populations;
(b) Provide public notice of state and other publicly owned land
and buildings that may be suitable to be marketed, sold, leased, or
exchanged for the development of affordable housing or housing for
special needs populations; and
(c) Facilitate the effective use of publicly owned surplus and
underutilized land and buildings suitable for the development of
affordable housing for very low-income and low-income households or for
housing for special needs populations by requiring that these types of
surplus property owned by certain public agencies, commissions, and
local governments be offered for an initial time period to eligible
organizations for the development of affordable housing for very low-income and low-income households or for housing for special needs
populations.
Sec. 2 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 to identify and catalog under-utilized,
state-owned land and property suitable for the development of
affordable housing for very low-income, low-income or moderate-income
households.)) The department, and the departments of natural resources,
transportation, social and health services, corrections, and general
administration, the state parks and recreation commission, and local
governments, shall ((provide)) each produce an inventory of real
property that is owned or administered by ((each)) the agency,
commission, or local government, is suitable for the development of
affordable housing or for housing for special needs populations, 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, the sale or lease price and terms, and
the 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.
(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.
(((3))) (2) As used in this section, unless the context clearly
requires otherwise:
(a) "Affordable housing" means residential housing that is rented
or owned by a person who qualifies as a very low-income((,)) or 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 median family income, adjusted for household size, for
the county where the affordable housing is located.
(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 median family income
where the affordable housing is located.
(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 median
income where the affordable housing is located.)) "Special needs
populations" includes, but is not limited to, persons with mental
illness, dementia, a developmental disability, or other condition
affecting cognition, such as traumatic brain injury.
(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, each having experience in the development of affordable
housing or housing for special needs populations. In the case of
school district surplus property, "eligible organization" also means a
community school, public school, postsecondary institution, nonprofit
early learning provider, and any other nonprofit community resource
with an integrated focus on academics, health and social services,
youth and community development, and community engagement.
(f) "Housing authority" or "authority" means any of the public
corporations created by RCW 35.82.030.
(g) "Public development authority" means a public authority created
under RCW 35.21.730.
(h) "Community renewal agency" has the same meaning as in RCW
35.81.015.
(i) "Purchasing entity" means an eligible organization that
purchases surplus property under this section.
(j) "Local government" means:
(i) A county subject to RCW 36.70A.215 or with a population of at
least four hundred thousand;
(ii) A city or town with a population of at least five thousand
within a county that is subject to RCW 36.70A.215 or that has a
population of at least four hundred thousand; or
(iii) A school district with an enrollment of at least five
thousand students.
(k) "Community school" means both a place and a set of partnerships
between entities including, but not limited to, public schools,
postsecondary institutions, local governments, nonprofit early learning
providers, and other nonprofit community resources with an integrated
focus on academics, health and social services, youth and community
development, and community engagement.
(3)(a) Except as provided in subsection (5) of this section,
surplus property for sale by the department, and the departments of
natural resources, transportation, social and health services,
corrections, and general administration, the state parks and recreation
commission, and by local governments, which is suitable for the
development of affordable housing or for housing for special needs
populations, 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 or
housing for special needs populations. Eligible organizations have the
right of first opportunity to purchase these surplus properties, under
reasonable option and purchase conditions, in return for a commitment
to provide affordable housing or housing for special needs populations
for at least thirty years. Agencies, commissions, and local
governments subject to this section have the sole authority to
determine: (i) Whether or not property is surplus; (ii) whether or not
the property is suitable for the development of affordable housing for
very low-income and low-income households or for housing for special
needs populations; and (iii) what constitutes reasonable option and
purchase conditions.
(b)(i) Any eligible organization interested in purchasing surplus
property described in this section must present to the agency,
commission, or local government that is selling the property an
affordable housing or special needs housing project description,
including:
(A) The number of affordable housing units to be created and a
description of the income-level populations that may occupy the units;
(B) The number of special needs units to be created;
(C) The number, estimated square footage, and description of the
purpose of other facilities to be created;
(D) The number of years the purchasing entity intends to (I) retain
the affordable housing units as affordable housing or (II) retain
housing units for special needs populations, which must be at least
thirty years; and
(E) A proposed development schedule indicating that the development
will either be placed into service or be substantially completed and
available for occupation within eight years of the date on which the
purchasing entity formally purchases the property.
(ii) Individual local governments, state agencies, and commissions
may establish additional requirements for purchase offers by eligible
organizations.
(c) Each agency, commission, and local government subject to this
section must establish criteria to use if more than one eligible
organization is interested in purchasing a single piece of surplus
property and presents a proposed project description during the
required initial offer period. The criteria may give preference to
eligible organizations that propose to develop affordable housing or
housing for special needs populations that:
(i) Serve the lowest income populations or special needs
populations;
(ii) Create the greatest number of affordable housing units or
units for special needs populations;
(iii) Preserve the affordability of the affordable housing units or
commit to retain the units for special needs populations for the
longest periods of time;
(iv) Integrate or cause the provision of appropriate supportive
services in the proposed project description; and
(v) Are most likely to place affordable housing or housing for
special needs populations into service at the earliest date.
(d) If an eligible organization does not present a proposed project
description that meets the requirements of (c) of this subsection,
during the required initial offer period, local governments, state
agencies, and commissions may consider offers from the general public.
However, these entities are encouraged to market surplus properties to
other entities interested in developing affordable housing or housing
for special needs populations.
(4) State agencies, commissions, and local governments subject to
this section must maintain records of all properties listed in the
inventory required under subsection (1) of this section for at least
ten years. Records must include the documentation of sales to eligible
organizations and information regarding affordable housing planned or
produced on the properties sold to eligible organizations.
(5) School districts, in addition to offering suitable surplus
property exclusively to eligible organizations for the purpose of
developing affordable housing or housing for special needs populations
for at least the first one hundred eighty days after its availability
for sale, as required in subsection (3) of this section, must also
offer such property, if deemed suitable for such purposes, to eligible
organizations for the development of community schools during the same
one hundred eighty-day period. School districts may prioritize a
community school development project over projects to develop
affordable housing or housing for special needs populations. Eligible
organizations interested in developing a community school must provide
the school district with a development plan describing the services to
be provided, the target populations to be served, and the anticipated
date of operation.
(6) The following property is exempt from this chapter:
(a) Real property designated or previously acquired as state lands
as defined in RCW 79.02.010; and
(b) Lands acquired under restrictive conveyances.
(7) This section is not intended to limit the powers granted in
chapters 35.81, 35.82, and 35.83 RCW, or to prevent a selling entity
from using alternative processes for the sale or disposition of surplus
land for affordable housing or special needs housing purposes as long
as those alternative processes require that surplus land be used for
affordable housing or for housing for special needs populations,
meeting, at a minimum, the standards required under this section.
Sec. 3 RCW 35.21.687 and 1995 c 399 s 37 are each amended to read
as follows:
(1) Every city and town with a population of at least fifteen
thousand within a county subject to RCW 36.70A.215, 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, is available for lease or sale, and is suitable for the
development of affordable housing for very low-income((,)) and low-income((, and moderate-income)) households or for housing for special
needs populations as defined in RCW 43.63A.510 (as recodified by this
act). Cities, towns, and code cities have the sole authority to
determine: (a) Whether or not property owned by the city, town, or
code city is surplus; (b) whether or not the property is suitable for
the development of affordable housing for very low-income and low-income households or for housing for special needs populations; and (c)
what constitutes reasonable option and purchase conditions. The
inventory ((shall include the location, approximate size, 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)) must include information required under
RCW 43.63A.510(1) (as recodified by this act).
(2) ((By November 1 of each year, beginning in 1994,)) Property for
sale, which is suitable for affordable housing or for housing for
special needs populations and is included in the inventory as required
in subsection (1) of this section, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act).
(3) Every city and town with a population of at least fifteen
thousand within a county subject to RCW 36.70A.215, including every
code city operating under Title 35A RCW, shall regularly purge the
inventory of real property of sites that are no longer available for
the development of affordable housing or for housing for special needs
populations. The inventory revision ((shall)) must also contain a list
of real property that has become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 4 RCW 36.34.137 and 1993 c 461 s 5 are each amended to read
as follows:
(1) Every county subject to RCW 36.70A.215 or with a population of
at least four hundred thousand 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 very low-income((,)) and low-income((, and moderate-income)) households or for
housing for special needs populations as defined in RCW 43.63A.510 (as
recodified by this act). Counties have the sole authority to
determine: (a) Whether or not property owned by the county is surplus;
(b) whether or not the property is suitable for the development of
affordable housing for very low-income and low-income households or for
housing for special needs populations; and (c) what constitutes
reasonable option and purchase conditions. The inventory ((shall
include the location, approximate size, 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)) must
include information required under RCW 43.63A.510(1) (as recodified by
this act).
(2) ((By November 1 of each year, beginning in 1994,)) Property for
sale, which is suitable for affordable housing or for housing for
special needs populations and is included in the inventory as required
in subsection (1) of this section, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act).
(3) Every county subject to RCW 36.70A.215 or with a population of
at least four hundred thousand shall regularly purge the inventory of
real property of sites that are no longer available for the development
of affordable housing or for housing for special needs populations.
The inventory revision shall include an updated listing of real
property that has become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) 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) 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 very low-income((,)) and
((moderate)) low-income households or for housing for special needs
populations as defined in RCW 43.63A.510 (as recodified by this act).
The inventory ((shall include the location, approximate size, 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)) must include information required under RCW 43.63A.510(1)
(as recodified by this act).
(2) ((By November 1 of each year, beginning in 1994,)) Property for
sale, which is suitable for affordable housing or for housing for
special needs populations and is included in the inventory as required
in subsection (1) of this section, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act).
(3) The department shall regularly purge the inventory of real
property of sites that are no longer available for the development of
affordable housing or for housing for special needs populations. The
department shall include an updated listing of real property that has
become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 6 RCW 47.12.063 and 2006 c 17 s 2 are each amended to read
as follows:
(1) Except as required in RCW 47.12.064:
(a) 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.
(((2))) (b) 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 the
property or exchange it in full or part consideration for land or
improvements or for construction of improvements at fair market value
to any of the following governmental entities or persons:
(((a))) (i) In the case of property suitable for residential use,
any eligible organization as defined in RCW 43.63A.510 (as recodified
by this act);
(ii) Any other state agency;
(((b))) (iii) The city or county in which the property is situated;
(((c))) (iv) Any other municipal corporation;
(((d))) (v) Regional transit authorities created under chapter
81.112 RCW;
(((e))) (vi) The former owner of the property from whom the state
acquired title;
(((f))) (vii) 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))) (viii) 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))) (ix) To any person through the solicitation of written bids
through public advertising in the manner prescribed by RCW 47.28.050;
(((i))) (x) To any other owner of real property required for
transportation purposes;
(((j) In the case of property suitable for residential use, any
nonprofit 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;)) or
(((k))) (xi) A federally recognized Indian tribe within whose
reservation boundary the property is located.
(((3))) (2) 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))) (3) Conveyances made pursuant to this section shall be by
deed executed by the secretary of transportation and shall be duly
acknowledged.
(((5))) (4) 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. 7 RCW 47.12.064 and 1995 c 399 s 121 are each amended to
read as follows:
(1) 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 very low-income((,)) and low-income((, and moderate-income)) households or for housing for special
needs populations as defined in RCW 43.63A.510 (as recodified by this
act). The inventory ((shall include the location, approximate size,
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)) must include information required under RCW
43.63A.510(1) (as recodified by this act).
(2) ((By November 1 of each year, beginning in 1994,)) Property for
sale, which is suitable for affordable housing or for housing for
special needs populations and is included in the inventory as required
in subsection (1) of this section, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act).
(3) The department shall regularly purge the inventory of real
property of sites that are no longer available for the development of
affordable housing or for housing for special needs populations. 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.))
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 8 RCW 72.09.055 and 1995 c 399 s 202 are each amended to
read as follows:
(1) 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 very low-income((,)) and low-income((, and moderate-income)) households or for housing for special
needs populations as defined in RCW 43.63A.510 (as recodified by this
act). The inventory ((shall include the location, approximate size,
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)) must include information required under RCW
43.63A.510(1) (as recodified by this act).
(2) ((By November 1 of each year, beginning in 1994,)) Property for
sale, which is suitable for affordable housing or for housing for
special needs populations and is included in the inventory as required
in subsection (1) of this section, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act).
(3) The department shall regularly purge the inventory of real
property of sites that are no longer available for the development of
affordable housing or for housing for special needs populations. The
department shall include an updated listing of real property that has
become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 9 RCW 43.19.19201 and 1995 c 399 s 64 are each amended to
read as follows:
(1) 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
very low-income((,)) and low-income((, and moderate-income)) households
or for housing for special needs populations as defined in RCW
43.63A.510 (as recodified by this act). The inventory ((shall include
the location, approximate size, 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)) must include information required under RCW 43.63A.510(1)
(as recodified by this act).
(2) ((By November 1 of each year, beginning in 1994,)) Property for
sale, which is suitable for affordable housing or for housing for
special needs populations and is included in the inventory as required
in subsection (1) of this section, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act).
(3) The department of general administration shall regularly purge
the inventory of real property of sites that are no longer available
for the development of affordable housing or for housing for special
needs populations. The department shall include an updated listing of
real property that has become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 10 RCW 79A.05.170 and 1991 sp.s. c 13 s 23 are each amended
to read as follows:
(1) 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 for outdoor recreation
purposes, 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,)) In cases where
land subject to ((such a reversionary clause is proposed for use or
disposal for purposes other than recreation, shall require that, if the
land)) reversion under subsection (1) of this section 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)) commission shall:
(a) Offer any surplus land for sale, which is suitable for
affordable housing or for housing for special needs populations and is
included in the inventory as required in section 12 of this act, to
eligible organizations as defined in RCW 43.63A.510 (as recodified by
this act), as required in RCW 43.63A.510(3) (as recodified by this
act). If no acceptable purchase offers are made for the properties
within the required initial offer period, the properties may be
disposed of by the method provided in (b) of this subsection; and
(b) Except as provided in (a) of this subsection, dispose of
surplus properties subject to reversion under subsection (1) of this
section by the method provided in RCW 79A.05.175, or allow the holder
of the land or property to reimburse the commission for the release of
the reversionary interest in the land. The reimbursement must equal
the amount of the fair market value of the reversionary interest as
determined by a qualified appraiser agreeable to the commission.
Appraisal costs are borne by the local entity that holds title to the
land.
(3) 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.
Sec. 11 RCW 79A.05.175 and 2007 c 145 s 1 are each amended to
read as follows:
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, which
are suitable for affordable housing or for housing for special needs
populations and are included in the inventory as required in section 12
of this act, must be offered for sale to eligible organizations as
defined in RCW 43.63A.510 (as recodified by this act), as required in
RCW 43.63A.510(3) (as recodified by this act). After the required
initial offer period, if no purchase offers are made on behalf of an
eligible organization that meets the requirements of RCW 43.63A.510(3)
(as recodified by this act), the commission may consider offers from
the general public, and these lands, along with all other 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.
NEW SECTION. Sec. 12 A new section is added to chapter 79A.05
RCW to read as follows:
(1) The commission shall identify and catalog real property that is
no longer required for commission purposes, as described in RCW
79A.05.170 and 79A.05.175, and is suitable for the development of
affordable housing for very low-income and low-income households or for
housing for special needs populations as defined in RCW 43.63A.510 (as
recodified by this act). The inventory must include the information
required under RCW 43.63A.510(1) (as recodified by this act).
(2) Property for sale, which is suitable for affordable housing or
for housing for special needs populations and is included in the
inventory as required in subsection (1) of this section, must be
offered to eligible organizations as defined in RCW 43.63A.510 (as
recodified by this act), as required in RCW 43.63A.510(3) (as
recodified by this act).
(3) The commission shall regularly purge the inventory of real
property of sites that are no longer available for the development of
affordable housing or for housing for special needs populations. The
commission must include an updated listing of real property that has
become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 13 RCW 79.11.005 and 2003 c 334 s 201 are each amended to
read as follows:
(1) The department is authorized to sell ((any real property not
designated or acquired as)) state forest lands((, but)) as defined in
RCW 79.02.010 and other lands 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)) determines that the lands are no longer or not necessary
for public use.
(2) Property for sale, which is suitable for affordable housing or
for housing for special needs populations and is included in the
inventory as required in section 15 of this act, must be offered to
eligible organizations as defined in RCW 43.63A.510 (as recodified by
this act), as required in RCW 43.63A.510(3) (as recodified by this
act). After the required initial offer period, if no acceptable
purchase offers are made on behalf of an eligible organization that
meets the requirements of RCW 43.63A.510(3) (as recodified by this
act), the department may consider offers from the general public and
sales to the general public may be conducted under subsection (3) of
this section. For all properties for sale not included in the
inventory as required in section 15 of this act, the department may
immediately consider offers from the general public and sales to the
general public may be conducted under subsection (3) of this section.
(3) The sale of property to the general public 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)) all sales must
be credited to the fund of the department of government that is
responsible for the acquisition and maintenance of the property sold.
Sec. 14 RCW 79.22.060 and 2003 c 334 s 221 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, with the
approval of the board, the department may directly transfer or dispose
of state forest lands without public auction, if such lands consist of
ten contiguous acres or less, or have a value of twenty-five thousand
dollars or less. Such disposal may only occur in the following
circumstances:
(a) Transfers in lieu of condemnation; and
(b) Transfers to resolve trespass and property ownership disputes.
(2) Property suitable for affordable housing or for housing for
special needs populations, which is included in the inventory as
required in section 15 of this act, must be offered to eligible
organizations as defined in RCW 43.63A.510 (as recodified by this act),
as required in RCW 43.63A.510(3) (as recodified by this act). After
the required initial offer period, if no purchase offers are made on
behalf of an eligible organization that meets the requirements of RCW
43.63A.510 (as recodified by this act), the property may be transferred
or sold as described in subsection (1) of this section.
(3) 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 such transaction is in the
best interest of the state or affected trust.
(((3))) (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.
NEW SECTION. Sec. 15 A new section is added to chapter 43.30 RCW
to read as follows:
(1) The department of natural resources shall identify and catalog
real property that is no longer required for department purposes and is
suitable for the development of affordable housing for very low-income
and low-income households or for housing for special needs populations
as defined in RCW 43.63A.510 (as recodified by this act). The
inventory must include the information required under RCW 43.63A.510(1)
(as recodified by this act).
(2) Property for sale, which is suitable for affordable housing or
for housing for special needs populations and is included in the
inventory as required in subsection (1) of this section, must be
offered to eligible organizations as defined in RCW 43.63A.510 (as
recodified by this act), as required in RCW 43.63A.510(3) (as
recodified by this act).
(3) The department shall regularly purge the inventory of real
property of sites that are no longer available for the development of
affordable housing or for housing for special needs populations. The
department shall include an updated listing of real property that has
become available since the last update.
(4) Records of all sales of properties included in the inventory
must be maintained as required in RCW 43.63A.510(4) (as recodified by
this act).
(5) As used in this section, "real property" means buildings, land,
or buildings and land.
Sec. 16 RCW 28A.335.120 and 2006 c 263 s 913 are each amended to
read as follows:
(1) Except as provided under subsections (2) and (3) of this
section, the board of directors of any school district of this state
may:
(a) Sell for cash, at public or private sale, and convey by deed
all interest of the district in or to any of the real property of the
district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating thereon and
affixing thereto any house or houses and appurtenant buildings removed
from school sites owned by the district and sell for cash, at public or
private sale, and convey by deed all interest of the district in or to
such acquired and improved real property.
(2) When the board of directors of any school district with an
enrollment of at least five thousand students proposes a sale of school
district real property pursuant to this section and the property for
sale is suitable for the development of affordable housing, for housing
for special needs populations, or for the development of a community
school, the property must be offered to eligible organizations as
defined in RCW 43.63A.510 (as recodified by this act), as required in
RCW 43.63A.510(3) and (5) (as recodified by this act). The boards of
directors of school districts subject to this subsection have the sole
authority to determine: (a) Whether or not property owned by the school
district is surplus; (b) whether or not the property is suitable for
the development of affordable housing for very low-income and low-income households, for housing for special needs populations, or for a
community school; and (c) what constitutes reasonable option and
purchase conditions. If the property for sale is not suitable for the
development of affordable housing, for housing for special needs
populations, or for a community school, or if after the required
initial offer period no reasonable and acceptable purchase offers are
made on behalf of an eligible organization that meets the requirements
of RCW 43.63A.510(3) (as recodified by this act), the property may be
sold as described in subsection (1) of this section.
(3) When the board of directors of any school district proposes a
sale of school district real property pursuant to this section and if
the value of the property exceeds seventy thousand dollars, the board
shall publish a notice of its intention to sell the property. School
districts with an enrollment of at least five thousand students
intending to sell the property under this subsection must do so
pursuant to the requirements under subsection (2) of this section. The
notice shall be published at least once each week during two
consecutive weeks in a legal newspaper with a general circulation in
the area in which the school district is located. The notice shall
describe the property to be sold and designate the place where and the
day and hour when a hearing will be held. The board shall hold a
public hearing upon the proposal to dispose of the school district
property at the place and the day and hour fixed in the notice and
admit evidence offered for and against the propriety and advisability
of the proposed sale.
(((3))) (4) The board of directors of any school district desiring
to sell surplus real property shall publish a notice in a newspaper of
general circulation in the school district. School districts shall not
sell the property for at least forty-five days following the
publication of the newspaper notice.
(((4))) (5) Private schools shall have the same rights as any other
person or entity to submit bids for the purchase of surplus real
property and to have such bids considered along with all other bids.
(((5))) (6) Any sale of school district real property authorized
pursuant to this section shall be preceded by a market value appraisal
by a professionally designated real estate appraiser as defined in RCW
74.46.020 or a general real estate appraiser certified under chapter
18.140 RCW selected by the board of directors and no sale shall take
place if the sale price would be less than ninety percent of the
appraisal made by the real estate appraiser: PROVIDED, That if the
property has been on the market for one year or more the property may
be reappraised and sold for not less than seventy-five percent of the
reappraised value with the unanimous consent of the board.
(((6))) (7) If in the judgment of the board of directors of any
district the sale of real property of the district not needed for
school purposes would be facilitated and greater value realized through
use of the services of licensed real estate brokers, a contract for
such services may be negotiated and concluded: PROVIDED, That the use
of a licensed real estate broker will not eliminate the obligation of
the board of directors to provide the notice described in this section:
PROVIDED FURTHER, That the fee or commissions charged for any broker
services shall not exceed seven percent of the resulting sale value for
a single parcel: PROVIDED FURTHER, That any professionally designated
real estate appraiser as defined in RCW 74.46.020 or a general real
estate appraiser certified under chapter 18.140 RCW selected by the
board to appraise the market value of a parcel of property to be sold
may not be a party to any contract with the school district to sell
such parcel of property for a period of three years after the
appraisal.
(((7))) (8) If in the judgment of the board of directors of any
district the sale of real property of the district not needed for
school purposes would be facilitated and greater value realized through
sale on contract terms, a real estate sales contract may be executed
between the district and buyer.
NEW SECTION. Sec. 17 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 18 RCW 43.63A.510 is recodified as a new
section in chapter 43.31 RCW.
NEW SECTION. Sec. 19 The code reviser shall alphabetize the
definitions in RCW 43.63A.510(2) (as recodified by this act).
NEW SECTION. Sec. 20 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2008, in the omnibus appropriations act, this act
is null and void."
Correct the title.
EFFECT: School districts must offer suitable surplus property to eligible organizations, which includes nonprofit early learning providers, for the development of community schools, in addition to offering such land for the development of affordable or special needs housing.