E2SHB 1359 -
By Committee on Ways & Means
ADOPTED 04/12/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that there is a
large, unmet need for affordable housing in the state of Washington.
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 households who are able to obtain and retain housing without
government subsidies or other public support.
(2) The legislature finds that there are many root causes of the
affordable housing shortage and declares that these causal factors
should be eliminated.
(3) 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 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 and evaluating statewide housing
data; developing a state plan that integrates the strategies, goals,
and objectives of all other state housing plans and programs; and
coordinating and supporting county government plans and activities.
(4) The legislature declares that there is a state affordable
housing goal of a decent, appropriate, and affordable home in a
healthy, safe environment for every household in the state by 2020, as
part 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, which shall be funded by the
affordable housing for all program surcharge provided for in RCW
36.22.178 (as recodified by this act) and all other sources directed to
the affordable housing for all program. The goal of the program is a
decent, appropriate, and affordable home in a healthy, safe environment
for every very low-income household in the state by 2020. A priority
must be placed upon achieving this goal for extremely low-income
households. This goal includes 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. The goal also includes implementing strategies to keep
the rising cost of housing below the relative rise in wages. The
department shall develop and administer the affordable housing for all
program. In the development and implementation of the program, the
department shall consider: The funding level, 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 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 residential housing, with monthly
rental housing costs, including utilities other than telephone, which
do not exceed thirty percent of the household's monthly income, that
has a sales price within the means of a household that may occupy low,
very low, and extremely low-income housing. The department shall adopt
policies for residential 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) "Department" means the department of community, trade, and
economic development.
(3) "Director" means the director of the department of community,
trade, and economic development.
(4) "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.
(5) "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.
(6) "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.).
(7) "Affordable housing for all account" means the account in the
custody of the state treasurer receiving the state's portion of income
from the revenue of sources established by RCW 36.22.178 (as recodified
by this act) and all other sources directed to the affordable housing
for all program.
(8) "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.
(9) "Affordable housing for all program" means the program
authorized under this chapter, utilizing the funding 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
affordable housing for all program, as administered by the department
at the state level and by each county at the local level.
(10) "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
very low-income household in Washington has a decent, appropriate, and
affordable home in a healthy, safe environment by 2020.
(11) "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.
(12) "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.
(13) "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.
(14) "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
the county government declines to participate in the affordable housing
program.
(15) "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 the county government declines to participate in
the affordable housing program.
(16) "Authority" or "housing authority" means any of the public
corporations created by RCW 35.82.030.
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, prepare and, from
time to time, amend a ((five-year)) state affordable housing
((advisory)) for all plan. The state plan must incorporate strategies,
objectives, and goals, including those required for the state homeless
housing strategic plan required under RCW 43.185C.040. 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 and the
extent to which that need is being met through public and private
sector programs((, to));
(b) Evaluate and report upon all counties' use of the affordable
housing for all program surcharge funds provided for in RCW 36.22.178
(as recodified by this act) and all other sources directed to the
counties' affordable housing for all programs;
(c) Report upon housing trust fund awards within the previous five-year period; 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.
(3) The information in the ((five-year)) state affordable housing
((advisory)) for all plan must include:
(a) An assessment of the state's housing market trends;
(b) An assessment of the housing needs for ((all)) economic
segments of the state by low-income, very low-income, and extremely
low-income households and special needs populations, including a report
on the number and percentage of additional affordable rental housing
units that are needed statewide and in each county to house low-income,
very low-income, and extremely low-income households;
(c) An inventory of the supply and geographic distribution of
affordable housing rental units made available through public and
private sector programs;
(d) A summary of the activities of all state housing programs, as
well as all housing programs operated by or coordinated by city and
county governments, including local housing-related levy initiatives,
housing-related tax exemption programs, and federally funded programs
operated or coordinated by the state or local governments;
(e) A status report on the degree of progress made by the public
and private sector toward meeting the housing needs of the state,
including each county or city required by the United States department
of housing and urban development to produce a consolidated plan, and
any other city or county where information is readily available;
(((e))) (f) 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)) (g) An analysis, statewide and within each county and major
city, of the primary contributors to the cost of housing and an outline
of potential strategies to keep the increasing cost of housing below
the relative rise in wages;
(f)
(h) Specific recommendations, policies, or proposals for meeting
the affordable housing needs of the state;
(i) A report on the growth in the population of low-income, very
low-income, and extremely low-income households statewide and for each
county;
(j) A determination of the cost to the state of the affordable
housing shortage;
(k) A report of any differences in the rates of inflation between
median house prices, median rent for a two-bedroom apartment, and
median family income for low-income, very low-income, and extremely
low-income households; and
(l) A summary of the recommendations of the affordable housing
advisory board report as required in RCW 43.185B.030.
(((2)(a))) (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)) December 31, 2010, and
subsequent updated plans must be submitted by December 31st every five
years 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) Based on changes to the general population and in the housing
market, the department may revise the goals of the state affordable
housing for all plan and set goals for years following December 31,
2020.
Sec. 6 RCW 36.22.178 and 2005 c 484 s 18 are each amended to read
as follows:
The surcharge provided for in this section shall be named the
affordable housing for all program surcharge.
(1) Except as provided in subsection (((2))) (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 ((Washington housing trust account))
affordable housing for all account created in section 7 of this act.
((The office of community development of the department of community,
trade, and economic development will develop guidelines for the use of
these funds to support)) 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 ((persons)) 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 ((projects
or units within housing projects that are affordable to)) activities as
described in this subsection that serve very low-income ((persons))
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 ((housing projects or units within such housing
projects)) 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. ((The funds generated with this surcharge shall not be
used for construction of new housing if at any time the vacancy rate
for available low-income housing within the county rises above ten
percent. The vacancy rate for each county shall be developed using the
state low-income vacancy rate standard developed under subsection (3)
of this section. Uses of)) 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 ((local)) 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 ((persons)) 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 ((persons))
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 ((projects or)) units
((within housing projects)) that are affordable to very low-income
((persons)) 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.
(((2))) (3) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
(((3) The real estate research center at Washington State
University shall develop a vacancy rate standard for low-income housing
in the state as described in RCW 18.85.540(1)(i)))
(4) All counties shall report at least annually upon receipts and
expenditures of the affordable housing for all program 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. 7 The affordable housing for all account is
created in the state treasury, subject to appropriation. The state's
portion of the surcharges established in RCW 36.22.178 (as recodified
by this act) shall be deposited in the account, as well as all other
sources directed to the affordable housing for all program.
Expenditures from the account may only be used for affordable housing
programs.
NEW SECTION. Sec. 8 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.
NEW SECTION. Sec. 9 (1) The department, the Washington state
housing finance commission, the affordable housing advisory board, and
all county governments, housing authorities, and other nonprofit
organizations receiving state funds, county affordable housing for all
surcharge funds, county homeless housing surcharge funds as authorized
in RCW 36.22.179 (as recodified by this act), or financing through the
housing finance commission shall, by December 31, 2007, and annually
thereafter, review current housing reporting requirements related to
housing programs and services and give recommendations to the
legislature to streamline and simplify all planning and reporting
requirements. The entities listed in this section shall also give
recommendations for additional legislative actions that could promote
the affordable housing for all goal.
(2) The department shall collaborate with the Washington state
housing finance commission and representatives from statewide
organizations representing counties, cities, housing authorities,
nonprofit groups involved in affordable housing, and other interested
parties, to create a strategy to streamline and, when possible,
consolidate state, city, town, and county reporting requirements to
address the inefficiencies associated with multiple reporting
requirements. The department shall present the strategy to the
appropriate committees of the legislature by December 31, 2007.
Sec. 10 RCW 43.63A.650 and 1999 c 267 s 3 are each amended to
read as follows:
(1) The department shall be the principal state department
responsible for coordinating federal and state resources and activities
in housing, except for programs administered by the Washington state
housing finance commission under chapter 43.180 RCW, and for evaluating
the operations and accomplishments of other state departments and
agencies as they affect housing, except for programs administered by
the Washington state housing finance commission under chapter 43.180
RCW.
(2) The department shall work with ((local governments)) cities,
towns, counties, tribal organizations, local housing authorities,
nonprofit community or neighborhood-based organizations, and regional
or statewide nonprofit housing assistance organizations, for the
purpose of coordinating federal and state resources with local
resources for housing.
(3) The department shall be the principal state department
responsible for providing shelter and housing services to homeless
families with children. The department shall have the principal
responsibility to coordinate, plan, and oversee the state's activities
for developing a coordinated and comprehensive plan to serve homeless
families with children. The plan shall be developed collaboratively
with the department of social and health services. The department
shall include community organizations involved in the delivery of
services to homeless families with children, and experts in the
development and ongoing evaluation of the plan. The department shall
follow professionally recognized standards and procedures. The plan
shall be implemented within amounts appropriated by the legislature for
that specific purpose in the operating and capital budgets. The
department shall submit the plan to the appropriate committees of the
senate and house of representatives no later than September 1, 1999,
and shall update the plan and submit it to the appropriate committees
of the legislature by January 1st of every odd-numbered year through
2007. The plan shall address at least the following: (a) The need for
prevention assistance; (b) the need for emergency shelter; (c) the need
for transitional assistance to aid families into permanent housing; (d)
the need for linking services with shelter or housing; and (e) the need
for ongoing monitoring of the efficiency and effectiveness of the
plan's design and implementation.
Sec. 11 RCW 43.185C.005 and 2005 c 484 s 1 are each amended to
read as follows:
Despite laudable efforts by all levels of government, private
individuals, nonprofit organizations, and charitable foundations to end
homelessness, the number of homeless persons in Washington is
unacceptably high. The state's homeless population, furthermore,
includes a large number of families with children, youth, and employed
persons. The legislature finds that the fiscal and societal costs of
homelessness are high for both the public and private sectors, and that
ending homelessness ((should)) must be a goal for state and local
government.
The legislature finds that there are many causes of homelessness,
including a shortage of affordable housing; a shortage of family-wage
jobs which undermines housing affordability; a lack of an accessible
and affordable health care system available to all who suffer from
physical and mental illnesses and chemical and alcohol dependency;
domestic violence; ((and)) a lack of education and job skills necessary
to acquire adequate wage jobs in the economy of the twenty-first
century; inadequate availability of services for citizens with mental
illness and developmental disabilities living in the community; and the
difficulties faced by formerly institutionalized persons in
reintegrating to society and finding stable employment and housing.
The support and commitment of all sectors of the statewide
community is critical to the chances of success in ending homelessness
in Washington. While the provision of housing and housing-related
services to the homeless should be administered at the local level to
best address specific community needs, the legislature also recognizes
the need for the state to play a primary coordinating, supporting,
((and)) monitoring, and evaluating role. There must be a clear
assignment of responsibilities and a clear statement of achievable and
quantifiable goals. Systematic statewide data collection on
((homelessness)) homeless individuals in Washington must be a critical
component of such a program enabling the state to work with local
governments not only to count all homeless people in the state, but to
record and manage information about homeless persons ((and)) in order
to assist them in finding housing and other supportive services.
The systematic collection and rigorous evaluation of homeless data,
a nationwide search for and implementation through adequate resource
allocation of best practices, and the systematic measurement of
progress toward interim goals and the ultimate goal of ending
homelessness are all necessary components of a statewide effort to end
homelessness in Washington by July 1, 2015.
Sec. 12 RCW 43.185C.040 and 2005 c 484 s 7 are each amended to
read as follows:
(1) ((Six months after the first Washington homeless census,)) The
department shall, in consultation with the interagency council on
homelessness, the state advisory council on homelessness, and the
affordable housing advisory board, prepare and ((publish a ten-year
homeless housing)) annually update a state homeless housing strategic
plan which ((shall)) must outline statewide goals and performance
measures ((and shall be coordinated with the plan for homeless families
with children required under RCW 43.63A.650. To guide local
governments in preparation of their first local homeless housing plans
due December 31, 2005, the department shall issue by October 15, 2005,
temporary guidelines consistent with this chapter and including the
best available data on each community's homeless population)). Local
governments' ((ten-year homeless housing)) homeless housing plans
((shall not)) must include all of the performance measures included in
the state homeless housing strategic plan and must be substantially
((inconsistent)) consistent with the goals and program recommendations
of ((the temporary guidelines and, when amended after 2005,)) the state
homeless housing strategic plan.
(2) Program outcomes and performance measures and goals ((shall))
must be created by the department and reflected in the department's
((homeless housing)) state homeless housing strategic plan ((as well
as)) and all local homeless housing plans.
(3) Interim goals against which state and local governments'
performance may be measured must also be described and reported upon in
the state homeless housing strategic plan, including:
(a) ((By the end of year one, completion of the first census as
described in RCW 43.185C.030;)) By the end of each subsequent year, goals common to all state
and local programs which are measurable and the achievement of which
would move that community toward housing its homeless population; and
(b)
(((c))) (b) By July 1, 2015, reduction of the homeless population
statewide and in each county by fifty percent.
(((3))) (4) The department shall develop a consistent statewide
data gathering instrument to monitor the performance of cities and
counties receiving homeless housing grants in order to determine
compliance with the terms and conditions set forth in the homeless
housing grant application or required by the department.
(5) The department shall, in consultation with the interagency
council on homelessness, the state advisory council on homelessness,
and the affordable housing advisory board, report annually to the
governor and the appropriate committees of the legislature ((an
assessment of)) the fiscal and societal costs of the homeless crisis,
including identifying, to the extent practical, savings in state and
local program costs that could be obtained through the achievement of
stable housing for the clients served by those programs.
(6) The department shall also deliver a summary annual report,
including information about:
(a) All state programs addressing homeless housing and services;
(b) The state's performance in furthering the goals of the state
((ten-year)) homeless housing strategic plan; and
(c) The performance of each participating local government in
creating and executing a local homeless housing plan ((which)) that
meets the requirements of this chapter. ((The annual report may
include performance measures such as:)) (7) The state homeless housing plan must also include a
response to each recommendation included in the local homeless housing
plans for policy changes to assist in ending homelessness and a summary
of the recommendations to the legislature to streamline and simplify
all housing planning and reporting requirements, as required in section
9 of this act.
(a) The reduction in the number of homeless individuals and
families from the initial count of homeless persons;
(b) The number of new units available and affordable for homeless
families by housing type;
(c) The number of homeless individuals identified who are not
offered suitable housing within thirty days of their request or
identification as homeless;
(d) The number of households at risk of losing housing who maintain
it due to a preventive intervention;
(e) The transition time from homelessness to permanent housing;
(f) The cost per person housed at each level of the housing
continuum;
(g) The ability to successfully collect data and report
performance;
(h) The extent of collaboration and coordination among public
bodies, as well as community stakeholders, and the level of community
support and participation;
(i) The quality and safety of housing provided; and
(j) The effectiveness of outreach to homeless persons, and their
satisfaction with the program.
(4)
(8) Based on the performance of local homeless housing programs in
meeting their interim goals, on general population changes and on
changes in the homeless population recorded in the ((annual)) census,
the department may revise the performance measures and goals of the
state homeless housing strategic plans, set goals for years following
the initial ten-year period, and recommend changes in local
governments' homeless housing plans.
Sec. 13 RCW 43.185C.050 and 2005 c 484 s 8 are each amended to
read as follows:
(1)(a)(i) Each local homeless housing task force shall prepare and
recommend to its local government legislative authority a ((ten-year))
local homeless housing plan for its jurisdictional area ((which shall
be not inconsistent)) that is consistent with the department's
((statewide temporary guidelines, for the December 31, 2005, plan, and
thereafter the department's ten-year homeless housing)) state homeless
housing strategic plan and ((which shall be)) is aimed at eliminating
homelessness, with a minimum goal of reducing homelessness by fifty
percent by July 1, 2015. ((The local government may amend the proposed
local plan and shall adopt a plan by December 31, 2005. Performance in
meeting the goals of this local plan shall be assessed annually in
terms of the performance measures published by the department.))
(ii) Local plans must include specific strategic objectives,
consistent with the state plan, and must include corresponding action
plans. Local plans must address identified strategies to meet the
needs of all homeless populations, including chronic homeless, short-term homeless, families, individuals, and youth. Each local plan must
include the total estimated cost of accomplishing the goals of the plan
to reduce homelessness by fifty percent by July 1, 2015, and must
include an accounting of total committed funds for this purpose.
(b)(i) The department must conduct an annual performance evaluation
of each local plan by December 31st of each year beginning in 2007.
The department must also conduct an annual performance evaluation of
each local government's performance related to its local plan by
December 31st of each year beginning in 2007.
(ii) Local plans may include specific local performance measures
adopted by the local government legislative authority((,)) and ((may))
must include recommendations for ((any)) state legislation needed to
meet the state or local plan goals. The recommendations must be
specific and must, if funding is required, include an estimated amount
of funding required and suggestions for an appropriate funding source.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless
persons;
(b) Costs of developing affordable housing for homeless persons,
and services for formerly homeless individuals and families residing in
transitional housing or permanent housing and still at risk of
homelessness;
(c) Operating subsidies for transitional housing or permanent
housing serving formerly homeless families or individuals;
(d) Services to prevent homelessness, such as emergency eviction
prevention programs, including temporary rental subsidies to prevent
homelessness;
(e) Temporary services to assist persons leaving state institutions
and other state programs to prevent them from becoming or remaining
homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local homeless housing plans,
including homeless census data collection((;)) and information,
identification of goals, performance measures, strategies, and costs,
and evaluation of progress towards established goals;
(h) Rental vouchers payable to landlords for persons who are
homeless or below thirty percent of the median income or in immediate
danger of becoming homeless; and
(i) Other activities to reduce and prevent homelessness as
identified for funding in the local plan.
Sec. 14 RCW 43.185C.080 and 2005 c 484 s 12 are each amended to
read as follows:
(1) ((Only a local government is eligible to receive a homeless
housing grant from the homeless housing account. Any city may assert
responsibility for homeless housing within its borders if it so
chooses, by forwarding a resolution to the legislative authority of the
county stating its intention and its commitment to operate a separate
homeless housing program. The city shall then receive a percentage of
the surcharge assessed under RCW 36.22.179 equal to the percentage of
the city's local portion of the real estate excise tax collected by the
county. A participating city may also then apply separately for
homeless housing program grants. A city choosing to operate a separate
homeless housing program shall be responsible for complying with all of
the same requirements as counties and shall adopt a local homeless
housing plan meeting the requirements of this chapter for county local
plans. However, the city may by resolution of its legislative
authority accept the county's homeless housing task force as its own
and based on that task force's recommendations adopt a homeless housing
plan specific to the city.)) Local governments ((
(2)applying for homeless housing funds)) may
subcontract with any other local government, housing authority,
community action agency, or other nonprofit organization for the
execution of programs contributing to the overall goal of ending
homelessness within a defined service area. All subcontracts ((shall))
must be consistent with the local homeless housing plan adopted by the
legislative authority of the local government, time limited, and filed
with the department, and ((shall)) must have specific performance
terms. While a local government has the authority to subcontract with
other entities, the local government continues to maintain the ultimate
responsibility for the homeless housing program within its ((borders))
jurisdiction.
(((3))) (2) A county may decline to participate in the homeless
housing 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
((shall)) must also be transmitted to the county auditor and treasurer.
If ((such a)) the resolution is adopted, all of the funds otherwise due
to the county under RCW ((43.185C.060 shall)) 36.22.179 (as recodified
by this act) and section 17 of this act, minus funds due to any city
that has chosen to participate through the process established in
subsection (3) of this section, must be remitted monthly to the state
treasurer for deposit in the ((homeless housing)) home security fund
account, without any reduction by the county for collecting or
administering the funds. Upon receipt of the resolution, the
department shall promptly begin to identify and contract with one or
more entities eligible under this section to create and execute a local
homeless housing plan for the county meeting the requirements of this
chapter. The department shall expend all of the funds received from
the county under this subsection to carry out the purposes of this
chapter ((484, Laws of 2005)) in the county, ((provided that)) but the
department may retain six percent of these funds to offset the cost of
managing the county's program.
(3) Any city may assert responsibility for homeless housing within
its borders, by forwarding a resolution to the legislative authority of
the county stating its intention and its commitment to operate a
separate homeless housing program. A city choosing to operate a
separate homeless housing program receives a percentage of the
surcharge assessed under RCW 36.22.179 (as recodified by this act) and
under section 17 of this act equal to the percentage of the city's
local portion of the real estate excise tax collected by the county.
A participating city may also then apply separately for homeless
housing grants. A city choosing to operate a separate homeless housing
program must comply with all of the same requirements as counties and
shall adopt a local homeless housing plan meeting the requirements of
this chapter for local homeless housing plans.
(4) A resolution by the county declining to participate in the
program ((shall have)) has no effect on the ((ability)) authority of
each city in the county to assert its right to manage its own program
under this chapter, and the county shall monthly transmit to ((the))
any such city the funds due under ((this chapter)) RCW 36.22.179 (as
recodified by this act) and section 17 of this act.
Sec. 15 RCW 43.185C.160 and 2005 c 485 s 1 are each amended to
read as follows:
(1) Each county shall create a homeless housing task force to
develop a ((ten-year)) homeless housing plan addressing short-term and
long-term services and housing ((for homeless persons)) to prevent and
reduce homelessness by fifty percent by 2015.
Membership on the task force may include representatives of the
counties, cities, towns, housing authorities, civic and faith
organizations, schools, community networks, human services providers,
law enforcement personnel, criminal justice personnel, including
prosecutors, probation officers, and jail administrators, substance
abuse treatment providers, mental health care providers, emergency
health care providers, businesses, at-large representatives of the
community, and a homeless or formerly homeless individual.
In lieu of creating a new task force, a local government may
designate an existing governmental or nonprofit body ((which)) that
substantially conforms to this section and ((which)) includes at least
one homeless or formerly homeless individual to serve as its homeless
representative. As an alternative to a separate plan, two or more
local governments may work in concert to develop and execute a joint
homeless housing plan, or to contract with another entity to do so
according to the requirements of this chapter. While a local
government has the authority to subcontract with other entities, the
local government continues to maintain the ultimate responsibility for
the homeless housing program within its borders.
((A county may decline to participate in the 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 shall also be transmitted to the
county auditor and treasurer. If a county declines to participate, the
department shall create and execute a local homeless housing plan for
the county meeting the requirements of this chapter.))
(2) In addition to developing a ((ten-year)) homeless housing plan,
each task force shall establish guidelines consistent with the
((statewide)) state homeless housing strategic plan, as needed, for the
following:
(a) Emergency shelters;
(b) Short-term housing needs;
(c) Temporary encampments;
(d) Rental voucher programs;
(e) Supportive housing for chronically homeless persons; ((and)) (f) Long-term housing; and
(e)
(g) Prevention services.
Guidelines must include, when appropriate, standards for health and
safety and notifying the public of proposed facilities to house the
homeless.
(3) Each county((, including counties exempted from creating a new
task force under subsection (1) of this section,)) shall report to the
department of community, trade, and economic development ((such)) any
information ((as may be)) needed to ensure compliance with this
chapter.
Sec. 16 RCW 36.22.179 and 2005 c 484 s 9 are each amended to read
as follows:
(1) In addition to the surcharge authorized in RCW 36.22.178 (as
recodified by this act), and except as provided in subsection (2) of
this section, an additional surcharge of ten dollars shall be charged
by the county auditor for each document recorded, which will be in
addition to any other charge allowed by law. The funds collected
pursuant to this section are to be distributed and used as follows:
(a) The auditor shall retain two percent for collection of the fee,
and of the remainder shall remit sixty percent to the county to be
deposited into a fund that must be used by the county and its cities
and towns to accomplish the purposes of this chapter ((484, Laws of
2005)), six percent of which may be used by the county for
administrative costs related to its homeless housing plan, and the
remainder for programs which directly accomplish the goals of the
county's local homeless housing plan, except that for each city in the
county which elects as authorized in RCW 43.185C.080 to operate its own
local homeless housing program, a percentage of the surcharge assessed
under this section equal to the percentage of the city's local portion
of the real estate excise tax collected by the county shall be
transmitted at least quarterly to the city treasurer, without any
deduction for county administrative costs, for use by the city for
program costs which directly contribute to the goals of the city's
local homeless housing plan; of the funds received by the city, it may
use six percent for administrative costs for its homeless housing
program.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the ((homeless housing)) home security fund
account. The department may use twelve and one-half percent of this
amount for administration of the program established in RCW
43.185C.020, including the costs of creating the statewide homeless
housing strategic plan, measuring performance, providing technical
assistance to local governments, and managing the homeless housing
grant program. The remaining eighty-seven and one-half percent is to
be ((distributed by the department to local governments through the
homeless housing grant program)) used by the department to:
(i) Provide housing and shelter for homeless people including, but
not limited to: Grants to operate, repair, and staff shelters; grants
to operate transitional housing; partial payments for rental
assistance; consolidated emergency assistance; overnight youth
shelters; and emergency shelter assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
NEW SECTION. Sec. 17 A new section is added to chapter 43.185C
RCW to read as follows:
(1) In addition to the surcharges authorized in RCW 36.22.178 and
36.22.179 (as recodified by this act), and except as provided in
subsection (2) of this section, the county auditor shall charge an
additional surcharge of two dollars for each document recorded, which
is in addition to any other charge allowed by law. The funds collected
under this section are to be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to be
deposited into a fund six percent of which may be used by the county
for administrative costs related to its homeless housing plan, and the
remainder for programs that directly accomplish the goals of the
county's local homeless housing plan, except that for each city in the
county that elects, as authorized in RCW 43.185C.080(3), to operate its
own homeless housing program, a percentage of the surcharge assessed
under this section equal to the percentage of the city's local portion
of the real estate excise tax collected by the county must be
transmitted at least quarterly to the city treasurer for use by the
city for program costs that directly contribute to the goals of the
city's homeless housing plan.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use the funds for administering the program established
in RCW 43.185C.020, including the costs of creating and updating the
statewide homeless housing strategic plan, implementing and managing
the Washington homeless client management information system
established in RCW 43.185C.180, measuring performance, providing
technical assistance to local governments, and managing the homeless
housing grant program. Remaining funds may also be used to:
(i) Provide housing and shelter for homeless people including, but
not limited to: Grants to operate, repair, and staff shelters; grants
to operate transitional housing; partial payments for rental
assistance; consolidated emergency assistance; overnight youth
shelters; and emergency shelter assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 18 RCW 36.18.010 and 2005 c 484 s 19 and 2005 c 374 s 1 are
each reenacted and amended to read as follows:
County auditors or recording officers shall collect the following
fees for their official services:
(1) For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page
eight and one-half by fourteen inches or less, one dollar. The fee for
recording multiple transactions contained in one instrument will be
calculated for each transaction requiring separate indexing as required
under RCW 65.04.050 as follows: The fee for each title or transaction
is the same fee as the first page of any additional recorded document;
the fee for additional pages is the same fee as for any additional
pages for any recorded document; the fee for the additional pages may
be collected only once and may not be collected for each title or
transaction;
(2) For preparing and certifying copies, for the first page eight
and one-half by fourteen inches or less, three dollars; for each
additional page eight and one-half by fourteen inches or less, one
dollar;
(3) For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
(4) For administering an oath or taking an affidavit, with or
without seal, two dollars;
(5) For issuing a marriage license, eight dollars, (this fee
includes taking necessary affidavits, filing returns, indexing, and
transmittal of a record of the marriage to the state registrar of vital
statistics) plus an additional five-dollar fee for use and support of
the prevention of child abuse and neglect activities to be transmitted
monthly to the state treasurer and deposited in the state general fund
plus an additional ten-dollar fee to be transmitted monthly to the
state treasurer and deposited in the state general fund. The
legislature intends to appropriate an amount at least equal to the
revenue generated by this fee for the purposes of the displaced
homemaker act, chapter 28B.04 RCW;
(6) For searching records per hour, eight dollars;
(7) For recording plats, fifty cents for each lot except cemetery
plats for which the charge shall be twenty-five cents per lot; also one
dollar for each acknowledgment, dedication, and description: PROVIDED,
That there shall be a minimum fee of twenty-five dollars per plat;
(8) For recording of miscellaneous records not listed above, for
the first page eight and one-half by fourteen inches or less, five
dollars; for each additional page eight and one-half by fourteen inches
or less, one dollar;
(9) For modernization and improvement of the recording and indexing
system, a surcharge as provided in RCW 36.22.170;
(10) For recording an emergency nonstandard document as provided in
RCW 65.04.047, fifty dollars, in addition to all other applicable
recording fees;
(11) For recording instruments, a surcharge as provided in RCW
36.22.178 (as recodified by this act); ((and)) (12) For recording instruments, except for documents
recording a birth, marriage, divorce, or death or any documents
otherwise exempted from a recording fee under state law, a surcharge as
provided in RCW 36.22.179 (as recodified by this act); and
[(12)]
(13) For recording instruments, except for documents recorded by
the department of revenue, the department of labor and industries, and
the employment security department and for documents recording a birth,
marriage, divorce, or death or any documents otherwise exempted from a
recording fee under state law, a surcharge as provided in section 17 of
this act.
Sec. 19 RCW 43.185C.150 and 2005 c 484 s 21 are each amended to
read as follows:
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 ((chapter 484, Laws of 2005)) RCW
36.22.179 (as recodified by this act) and the revenues authorized in
section 17 of this act. However, neither the department nor any local
government may use any funds authorized in ((chapter 484, Laws of
2005)) RCW 36.22.179 (as recodified by this act) or the revenues
authorized in section 17 of this act to supplant or reduce any existing
expenditures of public money for the reduction or prevention of
homelessness or services for homeless persons. Any costs associated
with any new planning, evaluating, and reporting requirements of the
department for the homeless housing and assistance program included in
this chapter shall not be funded by the document recording fee
surcharges authorized by RCW 36.22.178 and 36.22.179 (as recodified by
this act).
Sec. 20 RCW 43.185C.060 and 2005 c 484 s 10 are each amended to
read as follows:
The ((homeless housing)) home security fund account is created in
the ((custody of the)) state ((treasurer)) treasury, subject to
appropriation. The state's portion of the surcharge established in RCW
36.22.179 (as recodified by this act) and section 17 of this act must
be deposited in the account. Expenditures from the account may be used
only for ((the)) homeless housing programs ((as described in this
chapter. Only the director 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. 21 RCW 36.22.179 and 43.20A.790 are each
recodified as sections in chapter 43.185C RCW.
NEW SECTION. Sec. 22 RCW 36.22.178, 43.63A.650, and 43.185B.040
are each recodified as sections in chapter 43.--- RCW (created in
section 23 of this act).
NEW SECTION. Sec. 23 Sections 1 through 4 and 7 through 9 of
this act constitute a new chapter in Title
NEW SECTION. Sec. 24 If specific funding for the purposes of
sections 1 through 10 of this act, referencing sections 1 through 10 of
this act by bill or chapter number and section number, is not provided
by June 30, 2007, in the omnibus appropriations act, sections 1 through
10 of this act are null and void."
E2SHB 1359 -
By Committee on Ways & Means
ADOPTED 04/12/2007
On page 1, line 1 of the title, after "all;" strike the remainder of the title and insert "amending RCW 43.185B.040, 36.22.178, 43.63A.650, 43.185C.005, 43.185C.040, 43.185C.050, 43.185C.080, 43.185C.160, 36.22.179, 43.185C.150, and 43.185C.060; reenacting and amending RCW 36.18.010; adding new sections to chapter 43.185C RCW; adding a new chapter to Title 43 RCW; creating a new section; and recodifying RCW 36.22.179, 43.20A.790, 36.22.178, 43.63A.650, and 43.185B.040."