BILL REQ. #: H-2819.1
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 03/05/07.
AN ACT Relating to providing affordable housing for all; amending RCW 43.185B.040, 36.22.178, and 43.63A.650; reenacting and amending RCW 36.18.010; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 36.22.178, 43.185B.020, and 43.185B.040; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 and that, at a minimum, this goal must be accomplished for
every low-income household by 2020. Furthermore, this goal includes
increasing the percentage of low-income 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 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.
(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, 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.
(4) 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 low-income 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, 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,
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) "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) "County affordable housing task force" means a county
committee, as described in section 7 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.
(9) "Performance measurement" means the process of comparing
specific measures of success with ultimate and interim goals.
(10) "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.
(11) "Quality management program" means a nationally recognized
program using criteria similar or equivalent to the Baldridge criteria.
Beginning in 2009, all cities, towns, and counties 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, (b) housing finance commission programs, (c) the affordable
housing for all program surcharge in RCW 36.22.178 (as recodified by
this act), (d) the homeless housing and assistance program surcharge in
RCW 36.22.179, and (e) any other surcharge charged under chapter 36.22
RCW to fund homelessness programs shall apply to the full examination
Washington state quality award program once every three years beginning
by January 1, 2010. The Washington state housing finance commission
must apply to the full examination Washington state quality award
program by December 31, 2009, and at least once every three years
thereafter.
(12) "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.
(13) "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.
(14) "County affordable housing for all plan" or "county plan"
means the plan developed by each county with the goal of ensuring that
every very low-income household in the county has a decent,
appropriate, and affordable home in a healthy, safe environment by
2020.
(15) "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.
(16) "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.
(17) "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.
(18) "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.
(19) "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.
(20) "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 (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. The state
plan must 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 and the
extent to which that need is being met through public and private
sector programs((,));
(b) Outline the development of sound strategies and programs to
promote affordable housing;
(c) Establish, evaluate, and report upon interim goals and
timelines that are determined by the department and by which the state
and counties may be measured;
(d) Establish, evaluate, and report upon performance measures,
including the performance measures outlined in section 6 of this act,
for 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) 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;
(f) Report upon how housing trust fund awards within the previous
one-year period are consistent with the plan and have contributed to
the goal of the affordable housing for all program; and ((to))
(g) 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)) annual 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 wage level decile and special needs populations including:
(i) A report on the number and percentage of persons or households
statewide and in each county in each income level decile who are
currently living in housing that is not affordable given their wage
level;
(ii) A report on the number of additional affordable rental housing
units that are needed statewide and in each county to house persons or
households at each wage level decile;
(iii) A report of the number and percentage of persons or
households identified as having special needs statewide and in each
county who are not adequately and affordably housed;
(iv) An estimate of the additional housing units needed statewide
and in each county for each special needs population category;
(c) An inventory of the supply and geographic distribution of
affordable housing rental units made available through public and
private sector programs;
(d) An inventory of the homeownership units under public or
nonprofit control through a trust or covenant limiting the economic
value of the unit made available through public and private sector
programs;
(e) An estimate of the supply of homes available for purchase
statewide and in each county that are affordable to each wage level
decile;
(f) An estimate of the number of affordable homes for purchase
needed for each wage level decile to achieve the state's homeownership
goal, as determined by the department and included in the state
affordable housing for all plan, unless established by the legislature;
(g) 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;
(h) A status report on the degree of progress made by the public
and private sector toward meeting the housing needs of the state, each
county, and each city with a population greater than fifty thousand or
the city with the highest population in each county, where information
is available;
(((e))) (i) 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)) (j) 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)
(k) Specific recommendations, policies, or proposals for meeting
the affordable housing needs of the state;
(l) Identification of key root causal factors of the affordable
housing shortage and the inability of very low-income households to
obtain and retain appropriate housing, and identification of possible
preventative strategies and related performance measures;
(m) A report on the growth in the population of persons in each
wage level decile statewide and for each county;
(n) A determination of the cost to the state of the affordable
housing shortage;
(o) 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 persons or households in each wage level
decile;
(p) A summary of the recommendations of the affordable housing
advisory board report as required in RCW 43.185B.030;
(q) A response to all county legislative and policy recommendations
included in county affordable housing for all plans as well as proposed
strategies to address issues raised in the county plans; and
(r) A summary report of the department's evaluations of the
operations and accomplishments of other state departments and agencies
as they affect housing as required in RCW 43.63A.650.
(((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, 2008, and
subsequent updated plans must be submitted ((every five years)) by
December 31st 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 8 of this act, the department
shall issue, by December 31, 2007, guidelines for preparing county
plans consistent with this chapter. County plans must be substantially
consistent with the goals and program recommendations of the state
affordable housing for all plan and must include, at a minimum, the
same information analysis, on a local level, as described in subsection
(3) of this section and must include the performance measures outlined
in section 6 of this act.
(6) 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 (1) The department, in consultation with a
task force established by the department consisting of the chairs of
the appropriate committees of the legislature, representatives
appointed by the director from a minimum of five county affordable
housing for all task forces representing urban and rural areas as well
as communities east and west of the Cascade mountains, representatives
from private for-profit housing developers that have experience with
low-income housing, and representatives from statewide housing advocacy
organizations, shall create affordable housing for all program outcomes
and performance measures and goals addressing, at a minimum, the
success of the state and each county in the following areas:
(a) An overall measurement of the affordable housing needs met for
extremely low and low-income households within each twelve-month
period;
(b) A measure of the increase in affordable rental housing;
(c) A measure of the increase in self-sufficiency amongst
individuals and families;
(d) A measure of the increase in individuals' and family wages;
(e) A measure of community support for the state and county plans;
(f) A measure of county government financial support for the
program;
(g) A measure of the financial viability of the state and county
plans;
(h) A measure of the financial efficiency of the housing programs
funded by the county;
(i) A measure of the quality of the state and county plans; and
(j) A measure of the quality of the management of county
governments.
Measurement reporting must be subdivided by county, major city, and
political geography, and yearly targets for these results must be
included. Performance measures must be included in the department's
state affordable housing for all plan and all county affordable housing
for all plans and must be provided to the joint legislative audit and
review committee.
(2) Performance measures and yearly targets must be established by
December 31, 2007, and must be reviewed annually by the department
after soliciting feedback from all county affordable housing for all
task forces.
(3) The department may determine a timeline to implement and
measure each performance measure for the state and county plans, 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, 2010, unless the department determines that a performance
measure is not applicable to a specific county based on parameters and
thresholds established by the department.
NEW SECTION. Sec. 7 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. 8 (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,
2008, 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 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 very low-income household in the
county jurisdictional area has a decent, appropriate, and affordable
home in a healthy, safe environment by 2020 and (b) increasing the
percentage of very low-income households that access affordable housing
without government assistance. County plans must include information
and performance measurement data where available on 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 the state or local governments. County
plans must be substantially consistent with the goals, performance
measures, and program recommendations of the state affordable housing
for all plan and must include, at a minimum, the same information,
analysis, and performance measures as described in RCW 43.185B.040 (as
recodified by this act) and section 6 of this act. In addition to
these performance measures, counties must report on a common
performance measure, to be determined by the department, measuring the
health and safety of tenants of affordable rental housing. All towns,
cities, and counties must report information related to this
performance measure to the county task force to the greatest extent
practicable using available funds. Counties shall report on
achievements according to stated performance measures to the department
annually by December 1st, beginning in 2008.
(3) County affordable housing for all plans must include timelines
for the accomplishment of interim goals and targets, and for the
acquisition of projected financing that is appropriate for outlined
goals and targets. Plans must also include 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.
(4) Each year, 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 stated affordable housing
goals in their plans.
(5) The department shall present the summary of county affordable
housing for all plans and the results of performance evaluations to the
appropriate committees of the legislature annually on or before
December 31st.
NEW SECTION. Sec. 9 (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 collect and
utilize the affordable housing for all surcharge for the purposes
described in RCW 36.22.178; however, such counties shall not be
allocated any additional affordable housing for all program funding.
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. 10 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 all
subcontractors under the affordable housing for all program to apply to
the full examination Washington state quality award program. 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.
Sec. 11 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 12 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 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. For
counties participating in the affordable housing for all program, all
eligible housing activities funded must be consistent with strategies
outlined in the county affordable housing for all plan. 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. The department shall develop
statewide guidelines for rental assistance programs by 2008, which must
include, at a minimum, guidelines and related performance measures to
ensure acceptable housing quality for voucher recipients, as well as
tenant protections consistent with federal 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 and low-income households the eligible housing activity
is intended to serve, and the outcome or anticipated outcome of each
eligible housing activity. Counties participating in the affordable
housing for all program shall also report annually on performance
measures, including performance measures outlined in section 6 of this
act and others to be determined by the department, related to uses of
the affordable housing for all program surcharge funds.
NEW SECTION. Sec. 12 The affordable housing for all account is
created in the custody of the state treasurer. The state's portion of
the surcharge 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 the affordable housing for all program
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.
Sec. 13 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)])) (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.
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.
NEW SECTION. Sec. 15 The joint legislative audit and review
committee shall conduct a performance audit of the state affordable
housing for all program every four years. The audit must include an
analysis of the department's expenditures of funds from sources
established by RCW 36.22.178 (as recodified by this act) and all other
sources directed to the affordable housing for all program. The first
audit must be conducted on or before December 31, 2010. Each audit
must take no longer than six months or fifty thousand dollars to
complete.
NEW SECTION. Sec. 16 (1) The joint legislative audit and review
committee shall conduct an evaluation and comparison of the cost-efficiency of rental housing voucher programs funded with state or
local moneys versus other low-income housing projects funded with state
or local moneys that are intended to assist low-income households to
obtain and retain affordable housing. The study must consider factors
including administrative costs, capital costs, and other operating
costs involved in the implementation and management of rental housing
voucher programs. The study must compare the number of households that
may be served, given a set amount of available funds, through rental
housing voucher programs funded with state or local moneys with other
housing projects funded with state or local moneys, including new
construction and rehabilitation of housing units. The department of
community, trade, and economic development, the Washington state
housing finance commission, housing authorities, community action
agencies, and local governments shall provide the joint legislative
audit and review committee with information necessary for the
evaluation study.
(2) The joint legislative audit and review committee shall solicit
input regarding the study from interested parties, including
representatives from the affordable housing advisory board, the
department of community, trade, and economic development, the
Washington state housing finance commission, representatives from the
private rental housing industry, housing authorities, community action
agencies, county and city governments, and nonprofit and for-profit
housing developers.
(3) The joint legislative audit and review committee shall present
the results of this study to the appropriate committees of the
legislature by December 31, 2008.
(4) This section expires December 31, 2008.
NEW SECTION. Sec. 17 (1) The department, the Washington state
housing finance commission, the affordable housing advisory board, and
all participating county governments, housing authorities, and other
nonprofit organizations receiving state funds, county affordable
housing for all surcharge funds, 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. 18 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. The department shall conduct annual
performance evaluations of all state department and agency services
provided to extremely low, very low, and low-income persons needing
housing assistance, as well as all other housing-related programs and
activities. The department shall provide copies of the evaluation
reports to the appropriate committees of the legislature and the
affordable housing advisory board by December 31st of each year.
(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.
NEW SECTION. Sec. 19 RCW 36.22.178, 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, 12, 14,
and 15 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, 2007, in the omnibus appropriations act, this act
is null and void.