ESSB 5959 -
By Representative Miloscia
WITHDRAWN 03/07/2008
Beginning on page 1, line 3 of the amendment, strike everything through page 3, line 23, and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that there is a
large, unmet need for affordable housing and affordable housing
assistance in the state of Washington, causing many low-income
individuals and families to be at risk of homelessness. The
legislature declares that a decent, appropriate, and affordable home in
a healthy, safe environment for every household should be a state goal.
Furthermore, this goal includes increasing the percentage of low-income
households who are ultimately able to obtain and retain housing without
government subsidies or other public support.
(2) The legislature finds that the state should provide financial
resources as well as case management to help individuals and families
at risk of homelessness obtain and retain housing and work towards a
goal of self-sufficiency where possible.
(3) The legislature finds that there are many root causes of the
affordable housing shortage and declares that it is critical that such
causes be analyzed, effective solutions be developed, implemented,
monitored, and evaluated, and that these causal factors be eliminated.
The legislature also finds that there is a taxpayer and societal cost
associated with a lack of jobs that pay self-sufficiency standard wages
and a shortage of affordable housing, and that the state must identify
and quantify that cost.
(4) The legislature finds that the support and commitment of all
sectors of the statewide community is critical to accomplishing the
state's affordable housing for all goal. The legislature finds that
the provision of housing and housing-related services should be
administered both at the state level and at the local level. However,
the state should play a primary role in: Providing financial resources
to achieve the goal at all levels of government; researching,
evaluating, benchmarking, and implementing best practices; continually
updating and evaluating statewide housing data; developing a state plan
that integrates the strategies, goals, objectives, and performance
measures of all other state housing plans and programs; coordinating
and supporting county government plans and activities; and directing
quality management practices by monitoring both state and county
government performance towards achieving interim and ultimate goals.
(5) The legislature declares that the systematic and comprehensive
performance measurement and evaluation of progress toward interim goals
and the immediate state affordable housing goal of a decent,
appropriate, and affordable home in a healthy, safe environment for
every household in the state by 2020 is a necessary component of the
statewide effort to end the affordable housing crisis.
NEW SECTION. Sec. 2 This chapter may be known and cited as the
Washington affordable housing for all act.
NEW SECTION. Sec. 3 There is created within the department the
state affordable housing for all program. The goal of the program is
a decent, appropriate, and affordable home in a healthy, safe
environment for every household in the state by 2020. A priority must
be placed upon achieving this goal for extremely low-income households
as well as all households who are at risk of homelessness. This goal
includes: (1) Increasing the percentage of households who access
housing that is affordable for their income or wage level without
government assistance by increasing the number of previously very low-income households who achieve self-sufficiency and economic
independence; (2) providing financial assistance, either from the state
or local resources to individuals and families at risk of homelessness,
coupled with supportive services to assist families to ultimately
achieve self-sufficiency whenever possible; and (3) implementing
strategies to keep the rising price of housing for all economic
segments to a rate less than that of the overall growth in wages for
each economic segment. The department shall develop and administer the
affordable housing for all program. Each county shall participate in
the affordable housing for all program except as provided in section 8
of this act; however, in the development and implementation of the
program scope and requirements at the county level, the department
shall consider: The funding level to counties, number of county staff
available to implement the program, and competency of each county to
meet the goals of the program; and establish program guidelines,
performance measures, and reporting requirements appropriate to the
existing capacity of the participating counties.
NEW SECTION. Sec. 4 Unless the context clearly requires
otherwise, the definitions in this section apply throughout this
chapter.
(1) "Affordable housing" means housing that has a sales price or
rental amount that is within the means of a household that may occupy
low, very low, and extremely low-income housing. The department shall
adopt policies for residential rental and homeownership housing,
occupied by extremely low, very low, and low-income households, that
specify the percentage of household income that may be spent on monthly
housing costs, including utilities other than telephone, to qualify as
affordable housing.
(2) "Affordable housing for all program" means the program
authorized under this chapter, as administered by the department at the
state level and by each county at the local level.
(3) "At risk of homelessness" means any low, very low, or extremely
low-income individual or family residing in housing that is not
affordable housing.
(4) "Authority" or "housing authority" means any of the public
corporations created in RCW 35.82.030.
(5) "County" means a county government in the state of Washington
or, except under RCW 36.22.178 (as recodified by this act), a city
government or collaborative of city governments within that county if
(a) the county government declines to participate in the affordable
housing program and (b) as described under section 8 of this act, a
city or collaborative of city governments elects to participate in the
program.
(6) "County affordable housing for all plan" or "county plan" means
the plan developed by each county with the goal of ensuring that every
household in the county has a decent, appropriate, and affordable home
in a healthy, safe environment by 2020.
(7) "County affordable housing task force" means a county
committee, as described in section 6 of this act, created to prepare
and recommend to its county legislative authority a county affordable
housing for all plan, and also to recommend expenditures of the funds
from the affordable housing for all program surcharge in RCW 36.22.178
(as recodified by this act) and all other sources directed to the
county's affordable housing for all program.
(8) "Department" means the department of community, trade, and
economic development.
(9) "Director" means the director of the department of community,
trade, and economic development.
(10) "Eligible organizations" means eligible organizations as
described in RCW 43.185.060.
(11) "Extremely low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
less than thirty percent of the median family income, adjusted for
household size for the county where the project is located.
(12) "First-time home buyer" means an individual or his or her
spouse who have not owned a home during the three-year period prior to
purchase of a home.
(13) "Local government" means a county or city government in the
state of Washington or, except under RCW 36.22.178 (as recodified by
this act), a city government or collaborative of city governments
within that county if (a) the county government declines to participate
in the affordable housing program and (b) as described under section 8
of this act, a city or collaborative of city governments elects to
participate in the program.
(14) "Low-income household," for the purposes of the affordable
housing for all program, means a single person, family, or unrelated
persons living together whose adjusted income is less than eighty
percent of the median household income, adjusted for household size for
the county where the project is located.
(15) "Nonprofit organization" means any public or private nonprofit
organization that: (a) Is organized under federal, state, or local
laws; (b) has no part of its net earnings inuring to the benefit of any
member, founder, contributor, or individual; and (c) has among its
purposes, significant activities related to the provision of decent
housing that is affordable to extremely low-income, very low-income,
low-income, or moderate-income households and special needs
populations.
(16) "Performance evaluation" means the process of evaluating the
performance by established objective, measurable criteria according to
the achievement of outlined goals, measures, targets, standards, or
other outcomes using a ranked scorecard from highest to lowest
performance which employs a scale of one to one hundred, one hundred
being the optimal score.
(17) "Performance measurement" means the process of comparing
specific measures of success with ultimate and interim goals.
(18) "Quality management program" means a nationally recognized
program using criteria similar or equivalent to the Baldridge criteria.
Beginning in 2010, each city, town, and county receiving over five
hundred thousand dollars a year during the previous calendar year from
(a) state housing-related funding sources, including the housing trust
fund and the transitional housing operating and rent program created in
section 12 of this act, (b) the affordable housing for all program
surcharge in RCW 36.22.178 (as recodified by this act), (c) the home
security fund surcharges in RCW 36.22.179 and 36.22.1791 (as recodified
by this act), and (d) any other surcharge charged under chapter 36.22
or 43.185C RCW to fund homelessness or other housing programs shall
apply to the Washington state quality award program for an independent
assessment of its quality management, accountability, and performance
system, once every three years beginning by January 1, 2011.
(19) "Regulatory barriers to affordable housing" and "regulatory
barriers" mean any public policies, including those embodied in
statutes, ordinances, regulations, or administrative procedures or
processes, required to be identified by the state, cities, towns, or
counties in connection with strategies under section 105(b)(4) of the
Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701
et seq.).
(20) "State affordable housing for all plan" or "state plan" means
the plan developed by the department in collaboration with the
affordable housing advisory board with the goal of ensuring that every
household in Washington has a decent, appropriate, and affordable home
in a healthy, safe environment by 2020.
(21) "Very low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is less than
fifty percent of the median family income, adjusted for household size
for the county where the project is located.
Sec. 5 RCW 43.185B.040 and 1993 c 478 s 12 are each amended to
read as follows:
(1) The department shall, in consultation with the affordable
housing advisory board created in RCW 43.185B.020 (as recodified by
this act), prepare and ((from time to time amend a five-year)) annually
update a state affordable housing ((advisory)) for all plan with an
ultimate goal of achieving a decent, appropriate, and affordable home
in a healthy, safe environment for every household in the state by
2020. The state plan must also incorporate the strategies, objectives,
goals, and performance measures of all other housing-related state
plans, including the state homeless housing strategic plan required
under RCW 43.185C.040 and all state housing programs. The state
affordable housing for all plan may be combined with the state homeless
housing strategic plan required under RCW 43.185C.040 or any other
existing state housing plan as long as the requirements of all of the
plans to be merged are met.
(2) The purpose of the state affordable housing for all plan is to:
(a) Document the need for affordable housing in the state,
including the need amongst households at risk of homelessness, and the
extent to which that need is being met through public and private
sector programs((, to));
(b) Outline the development of sound strategies and programs to
provide affordable housing to all households;
(c) Establish, evaluate, and report upon performance measures,
goals, and timelines that are determined by the department for the
affordable housing for all program and the state and local affordable
housing for all plans, as well as for all federal, state, and local
housing programs and plans operated or coordinated by the department,
including: (i) Federal block grant programs; (ii) the Washington
housing trust fund; and (iii) all local surcharge funds collected with
the purpose of addressing homelessness and affordable housing; and
(d) Facilitate state and county government planning to meet the
state affordable housing ((needs of the state, and to enable the
development of sound strategies and programs for affordable housing))
for all goal.
((The information in the five-year housing advisory plan must
include:)) (3)(a) The department, in consultation with the affordable
housing advisory board, shall develop recommendations for affordable
housing for all program performance measures, short-term and long-term
goals, and timelines, as well as information to be collected, analyzed,
and reported upon in the state and local affordable housing for all
plans. One performance measure must address the program's
effectiveness in achieving the ultimate goal of a decent, appropriate,
and affordable home in a healthy, safe environment for every household
in the state by 2020. Another specific performance measure must be to
ensure that the rate of growth in the overall price of housing for each
economic segment is less than that of the overall growth in wages for
each economic segment. The department shall present its
recommendations for additional performance measures to the appropriate
committees of the legislature by December 31, 2008.
(a) An assessment of the state's housing market trends;
(b) An assessment of the housing needs for all economic segments of
the state and special needs populations;
(c) An inventory of the supply and geographic distribution of
affordable housing units made available through public and private
sector programs;
(d) A status report on the degree of progress made by the public
and private sector toward meeting the housing needs of the state;
(e) An identification of state and local regulatory barriers to
affordable housing and proposed regulatory and administrative
techniques designed to remove barriers to the development and placement
of affordable housing; and
(f) Specific recommendations, policies, or proposals for meeting
the affordable housing needs of the state.
(2)
(b) Performance measures and other required plan components must be
reviewed annually by the department after soliciting feedback from the
affordable housing advisory board, appropriate committees of the
legislature, and all county affordable housing for all task forces.
(c) The department may determine a timeline to implement and
measure each performance measure for the state and county affordable
housing for all programs, except that the state and all counties
participating in the affordable housing for all program must implement
and respond to all performance measures by January 1, 2011, unless the
department determines that a performance measure is not applicable to
a specific county based on parameters and thresholds established by the
department.
(4) The ((five-year)) state affordable housing ((advisory)) for all
plan required under ((subsection (1) of)) this section must be
submitted to the appropriate committees of the legislature on or before
((February 1, 1994)) January 15, 2010, and subsequent updated plans
must be submitted ((every five years)) by January 15th each year
thereafter.
(((b) Each February 1st, beginning February 1, 1995, the department
shall submit an annual progress report, to the legislature, detailing
the extent to which the state's affordable housing needs were met
during the preceding year and recommendations for meeting those needs))
(5) To guide counties in preparation of county affordable housing
for all plans required under section 7 of this act, the department
shall issue, by December 31, 2009, guidelines for preparing county
plans consistent with this chapter. County plans must include, at a
minimum, the same information reporting and analysis on a local level
and the same performance measures as the state plan.
(6) Each year, beginning in 2010, the department shall:
(a) Summarize key information from county plans, including a
summary of local city and county housing program activities and a
summary of legislative recommendations;
(b) Conduct annual performance evaluations of county plans; and
(c) Conduct annual performance evaluations of all counties
according to their performance in achieving affordable housing goals
stated in their plans.
(7) The department shall include a summary of county affordable
housing for all plans and the results of performance evaluations in the
state affordable housing for all plan beginning in 2010.
(8) Based on changes to the general population and in the housing
market, the department may revise the performance measures and goals of
the state affordable housing for all plan and set goals for years
following December 31, 2020.
NEW SECTION. Sec. 6 Each county shall convene a county
affordable housing task force. The task force must be a committee,
made up of volunteers, created to prepare and recommend to the county
legislative authority a county affordable housing for all plan and also
to recommend appropriate expenditures of the affordable housing for all
program funds provided for in RCW 36.22.178 (as recodified by this act)
and any other sources directed to the county program. The county
affordable housing task force must include a representative of the
county, a representative from the city with the highest population in
the county, a representative from all other cities in the county with
a population greater than fifty thousand, a member representing
beneficiaries of affordable housing programs, other members as may be
required to maintain eligibility for federal funding related to housing
programs and services, and a representative from both a private
nonprofit organization and a private for-profit organization with
experience in very low-income housing. The task force may be the same
as the homeless housing task force created in RCW 43.185C.160 or the
same as another existing task force or other formal committee that
meets the requirements of this section.
NEW SECTION. Sec. 7 (1) Each county shall direct its affordable
housing task force to prepare and recommend to its county legislative
authority a county affordable housing for all plan for its
jurisdictional area. Each county shall adopt a county plan by June 30,
2010, and update the plan annually by June 30th thereafter. All plans
must be forwarded to the department by the date of adoption. County
affordable housing for all plans may be combined with the local
homeless housing plans required under RCW 43.185C.040, county
comprehensive plans required under RCW 36.70A.040, or any other
existing plan addressing housing within a county as long as the
requirements of all of the plans to be merged are met. For counties
required or choosing to plan under RCW 36.70A.040, county affordable
housing for all plans must be consistent with the housing elements of
comprehensive plans described in RCW 36.70A.070(2). County plans must
also be consistent with any existing local homeless housing plan
required in RCW 43.185C.050.
(2) County affordable housing for all plans must be primarily
focused on (a) ensuring that every household, including those
households at risk of homelessness, in the county jurisdictional area
has a decent, appropriate, and affordable home in a healthy, safe
environment by 2020 with a priority placed on achieving this goal for
low-income households and (b) increasing the percentage of households,
who receive assistance from the transitional housing operating and rent
program created in section 12 of this act, who ultimately are able to
access affordable housing without government assistance. County
affordable housing for all plans must include:
(i) At a minimum, the same information, analysis, and performance
measures as the state affordable housing for all plan, including
information and performance measurement data, where available, on state
supported housing programs and all city and county housing programs,
including local housing-related levy initiatives, housing-related tax
exemption programs, and federally funded programs operated or
coordinated by local governments;
(ii) Information on the uses of the affordable housing for all
surcharge as required in RCW 36.22.178(4) (as recodified by this act);
(iii) Information on the activities and accomplishments of the
transitional housing operating and rent program, as required in section
12 of this act;
(iv) Timelines for the accomplishment of interim goals and targets,
and for the acquisition of projected financing that is appropriate for
outlined goals and targets;
(v) An identification of challenges to reaching the affordable
housing for all goal;
(vi) A total estimated amount of funds needed to reach the local
affordable housing for all goal and an identification of potential
funding sources; and
(vii) State legislative recommendations to enable the county to
achieve its affordable housing for all goals. Legislative
recommendations must be specific and, if necessary, include an
estimated amount of funding required and suggestions of an appropriate
funding source.
NEW SECTION. Sec. 8 (1) Any county may decline to participate in
the affordable housing for all program authorized in this chapter by
forwarding to the department a resolution adopted by the county
legislative authority stating the intention not to participate. A copy
of the resolution must also be transmitted to the county auditor and
treasurer. Counties that decline to participate shall not be required
to establish an affordable housing task force or to create a county
affordable housing for all plan. Counties declining to participate in
the affordable housing for all program shall continue to be eligible to
receive funding through the transitional housing operating and rent
program created in section 12 of this act. Counties declining to
participate in the affordable housing for all program shall also
continue to collect and utilize the affordable housing for all
surcharge for the purposes described in RCW 36.22.178 (as recodified by
this act); however, such counties shall not be allocated any additional
affordable housing for all program funding that is specifically
provided for program planning and administrative purposes. Counties
may opt back into the affordable housing for all program authorized by
this chapter at a later date through a process and timeline to be
determined by the department.
(2) If a county declines to participate in the affordable housing
for all program authorized in this chapter, a city or formally
organized collaborative of cities within that county may forward a
resolution to the department stating its intention and willingness to
operate an affordable housing for all program within its jurisdictional
limits. The department must establish procedures to choose amongst
cities or collaboratives of cities in the event that more than one city
or collaborative of cities express an interest in participating in the
program. Participating cities or collaboratives of cities must fulfill
the same requirements as counties participating in the affordable
housing for all program.
NEW SECTION. Sec. 9 A county may subcontract with any other
county, city, town, housing authority, community action agency, or
other nonprofit organization for the execution of programs contributing
to the affordable housing for all goal. All subcontracts must be:
Consistent with the county affordable housing for all plan adopted by
the legislative authority of the county; time limited; and filed with
the department, and must have specific performance terms as specified
by the county. County governments must strongly encourage each
subcontractor under the affordable housing for all program to apply to
the Washington state quality award program for an independent
assessment of its quality management, accountability, and performance
system. This authority to subcontract with other entities does not
affect participating counties' ultimate responsibility for meeting the
requirements of the affordable housing for all program.
NEW SECTION. Sec. 10 The department shall contract with two
statewide organizations addressing affordable housing issues or
homeless issues, or both, to create comprehensive independent statewide
affordable housing for all plans consistent with the goals and
performance measures of the state and local affordable housing for all
plans as described in this chapter. Recipient organizations must
present their affordable housing for all plans to the department and
the appropriate committees of the legislature within one year following
the receipt of contract funds.
Sec. 11 RCW 36.22.178 and 2007 c 427 s 1 are each amended to read
as follows:
The surcharge provided for in this section shall be named the
affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The county may retain up to five
percent of these funds collected solely for the collection,
administration, and local distribution of these funds. Of the
remaining funds, forty percent of the revenue generated through this
surcharge will be transmitted monthly to the state treasurer who will
deposit the funds into the affordable housing for all account created
in RCW 43.185C.190. The department of community, trade, and economic
development must use these funds to provide housing and shelter for
extremely low-income households, including but not limited to grants
for building operation and maintenance costs of housing projects or
units within housing projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area
median income, and that require a supplement to rent income to cover
ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be
retained by the county and be deposited into a fund that must be used
by the county and its cities and towns for eligible housing activities
as described in this subsection that serve very low-income households
with incomes at or below fifty percent of the area median income. The
portion of the surcharge retained by a county shall be allocated to
eligible housing activities that serve extremely low and very low-
income households in the county and the cities within a county
according to an interlocal agreement between the county and the cities
within the county consistent with countywide and local housing needs
and policies. A priority must be given to eligible housing activities
that serve extremely low-income households with incomes at or below
thirty percent of the area median income. Eligible housing activities
to be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income households with incomes at or below fifty percent of the
area median income, including units for homeownership, rental units,
seasonal and permanent farm worker housing units, and single room
occupancy units;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects eligible to receive housing
trust funds, that are affordable to very low-income households with
incomes at or below fifty percent of the area median income, and that
require a supplement to rent income to cover ongoing operating
expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or below fifty
percent of the area median income, to be administered by a local public
housing authority or other local organization that has an existing
rental assistance voucher program, consistent with or similar to the
United States department of housing and urban development's section 8
rental assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(3) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
(4) All counties shall report at least annually by May 1st upon
receipts and expenditures of the affordable housing for all surcharge
funds created in this section to the department. The department may
require more frequent reports. The report must include the amount of
funding generated by the surcharge, the total amount of funding
distributed to date, the amount of funding allocated to each eligible
housing activity, a description of each eligible housing activity
funded, including information on the income or wage level and numbers
of extremely low, very low, and low-income households the eligible
housing activity is intended to serve, and the outcome or anticipated
outcome of each eligible housing activity.
NEW SECTION. Sec. 12 (1) The transitional housing operating and
rent program is created in the department to assist individuals and
families who are homeless or who are at risk of becoming homeless to
secure and retain safe, decent, and affordable housing. The department
shall provide grants to eligible organizations, as described in RCW
43.185.060, to provide assistance to program participants. The
eligible organizations must use grant moneys for:
(a) Rental assistance, which includes security or utility deposits,
first and last month's rent assistance, and eligible moving expenses to
be determined by the department;
(b) Case management services designed to assist program
participants to secure and retain immediate housing and to transition
into permanent housing and greater levels of self-sufficiency;
(c) Operating expenses of transitional housing facilities that
serve homeless families with children; and
(d) Administrative costs of the eligible organization, which must
not exceed limits prescribed by the department.
(2) Eligible to receive assistance through the transitional housing
operating and rent program are:
(a) Families with children who are homeless or who are at risk of
becoming homeless and who have household incomes at or below fifty
percent of the median household income for their county;
(b) Families with children who are homeless or who are at risk of
becoming homeless and who are receiving services under chapter 13.34
RCW;
(c) Individuals or families without children who are homeless or at
risk of becoming homeless and who have household incomes at or below
thirty percent of the median household income for their county;
(d) Individuals or families who are homeless or who are at risk of
becoming homeless and who have a household with an adult member who has
a mental health or chemical dependency disorder; and
(e) Individuals or families who are homeless or who are at risk of
becoming homeless and who have a household with an adult member who is
an offender released from confinement within the past eighteen months.
(3) All program participants must be willing to create and actively
participate in a housing stability plan for achieving permanent housing
and greater levels of self-sufficiency.
(4) Data on all program participants must be entered into and
tracked through the Washington homeless client management information
system as described in RCW 43.185C.180. For eligible organizations
serving victims of domestic violence or sexual assault, compliance with
this subsection must be accomplished in accordance with 42 U.S.C. Sec.
11383 (a)(8).
(5) Beginning in 2011, each eligible organization receiving over
five hundred thousand dollars during the previous calendar year from
the transitional housing operating and rent program and from sources
including: (a) State housing-related funding sources; (b) the
affordable housing for all surcharge in RCW 36.22.178 (as recodified by
this act); (c) the home security fund surcharges in RCW 36.22.179 and
36.22.1791 (as recodified by this act); and (d) any other surcharge
imposed under chapter 36.22 or 43.185C RCW to fund homelessness
programs or other housing programs, shall apply to the Washington state
quality award program for an independent assessment of its quality
management, accountability, and performance system, once every three
years.
(6) The department may develop rules, requirements, procedures, and
guidelines as necessary to implement and operate the transitional
housing operating and rent program.
(7) The department shall produce an annual transitional housing
operating and rent program report that must be included in the
department's affordable housing for all plan as described in RCW
43.185B.040 (as recodified by this act). The report must include
performance measures to be determined by the department that address,
at a minimum, the following issue areas:
(a) The success of the program in helping program participants
transition into permanent affordable housing and increase their levels
of self-sufficiency;
(b) The financial performance of the program related to efficient
program administration by the department and program operation by
selected eligible organizations, including an analysis of the costs per
program participant served;
(c) The quality, completeness, and timeliness of the information on
program participants provided to the Washington homeless client
management information system database; and
(d) The satisfaction of program participants in the assistance
provided through the program.
NEW SECTION. Sec. 13 The transitional housing operating and rent
account is created in the custody of the state treasurer. All receipts
from sources directed to the transitional housing operating and rent
program must be deposited into the account. Expenditures from the
account may be used solely for the purpose of the transitional housing
operating and rent program as described in section 12 of this act.
Only the director of the department or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
NEW SECTION. Sec. 14 This chapter does not require either the
department or any local government to expend any funds to accomplish
the goals of this chapter other than the revenues authorized in this
act and other revenue that may be appropriated by the legislature for
these purposes. However, neither the department nor any local
government may use any funds authorized in this act to supplant or
reduce any existing expenditures of public money to address the
affordable housing shortage.
Sec. 15 RCW 43.185A.100 and 2006 c 349 s 11 are each amended to
read as follows:
The department((,)) shall collaborate with the housing finance
commission, the affordable housing advisory board, and all local
governments, housing authorities, and other ((nonprofits)) eligible
organizations receiving state housing funds, affordable housing for all
funds, home security 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)) to include in the state affordable
housing for all plan, by December 31, 2009, recommendations, where
possible:
(1) To streamline and simplify all housing planning, application,
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)); and
(2) For legislative actions that could promote the affordable
housing for all goal and the state goal to end homelessness.
Sec. 16 RCW 43.185.070 and 2005 c 518 s 1802 and 2005 c 219 s 2
are each reenacted and amended to read as follows:
(1) During each calendar year in which funds from the housing trust
fund or other legislative appropriations are available for use by the
department for the housing assistance program, the department shall
announce to all known interested parties, and through major media
throughout the state, a grant and loan application period of at least
ninety days' duration. This announcement shall be made as often as the
director deems appropriate for proper utilization of resources. The
department shall then promptly grant as many applications as will
utilize available funds less appropriate administrative costs of the
department. Administrative costs paid out of the housing trust fund
may not exceed five percent of annual revenues available for
distribution to housing trust fund projects. In awarding funds under
this chapter, the department shall provide for a geographic
distribution on a statewide basis.
(2) The department shall give first priority to applications for
projects and activities which utilize existing privately owned housing
stock including privately owned housing stock purchased by nonprofit
public development authorities and public housing authorities as
created in chapter 35.82 RCW. As used in this subsection, privately
owned housing stock includes housing that is acquired by a federal
agency through a default on the mortgage by the private owner. Such
projects and activities shall be evaluated under subsection (3) of this
section. Second priority shall be given to activities and projects
which utilize existing publicly owned housing stock. All projects and
activities shall be evaluated by some or all of the criteria under
subsection (3) of this section, and similar projects and activities
shall be evaluated under the same criteria.
(3) The department shall give preference for applications based on
some or all of the criteria under this subsection, and similar projects
and activities shall be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary
habilitation and support services for projects focusing on special
needs populations;
(c) Recipient contributions to total project costs, including
allied contributions from other sources such as professional, craft and
trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of
infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other
project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the
original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and
resources to implement the project;
(h) The applicant has committed to quality improvement and
submitted an application to the Washington state quality award program
for an independent assessment of its quality management,
accountability, and performance system within the previous three years;
(i) Projects which demonstrate serving the greatest need;
(((i))) (j) Projects that provide housing for persons and families
with the lowest incomes;
(((j))) (k) Projects that provide housing for persons at risk of
homelessness;
(l) Projects serving special needs populations which are under
statutory mandate to develop community housing;
(((k))) (m) Project location and access to employment centers in
the region or area;
(((l))) (n) Projects that provide employment and training
opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and
(((m))) (o) Project location and access to available public
transportation services.
(4) The department shall only approve applications for projects for
((mentally ill)) persons with mental illness that are consistent with
a regional support network six-year capital and operating plan.
NEW SECTION. Sec. 17 RCW 59.18.600 (Rental to offenders -- Limitation on liability) and 2007 c 483 s 602 are each repealed.
NEW SECTION. Sec. 18 RCW 36.22.179, 36.22.1791, and 43.20A.790
are each recodified as sections in chapter 43.185C RCW.
NEW SECTION. Sec. 19 RCW 36.22.178, 43.185A.100, 43.185B.020,
and 43.185B.040 are each recodified as sections in chapter 43.--- RCW
(created in section 20 of this act).
NEW SECTION. Sec. 20 Sections 1 through 4, 6 through 10, and 12
through 14 of this act constitute a new chapter in Title
NEW SECTION. Sec. 21 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: Requires CTED to create, annually update, and implement an affordable housing for all plan to accomplish the goal of a decent, appropriate, and affordable home in a healthy, safe environment for all households. Requires counties to also create and implement similar plans; however, counties may opt out. Requires local governments and eligible organizations receiving over $500,000 from certain housing- related funding sources to apply for an assessment of their quality management systems. Requires counties to report on their use of the affordable housing for all surcharge to CTED and requires CTED to include information on the transitional housing operating and rent program in the affordable housing for all plan. Adds families involved with child welfare services to the list of those eligible for THOR services and clarifies that domestic violence and sexual assault victim service providers must comply with federal data tracking requirements when submitting information to the Homeless Client Management Information System. Requires CTED, the Housing Finance Commission, and other eligible organizations to make recommendations to streamline and simplify housing planning, application, and reporting requirements. Requires CTED to include in its list of priority criteria for Housing Trust Fund funding a consideration for applicants who have applied for an assessment by the Washington State Quality Award program. Includes a null and void clause. Requires CTED to contract with two statewide affordable housing or homeless organizations to create independent affordable housing for all plans consistent with state and local plans.