BILL REQ. #: H-2812.1
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 3/5/07.
AN ACT Relating to community preservation and development authorities; adding a new chapter to Title 43 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2
(1) "Community" means a group of people who reside or work in a
well-defined geographic area and who currently or historically share a
distinct cultural identity or local history.
(2) "Community preservation and development authority" or
"authority" means an authority created by members of an impacted
community.
(3) "Constituency" means the general membership of the community
preservation and development authority, which shall be open to all
persons eighteen years of age and over who are residents, property
owners, employees, or business persons within its boundaries.
(4) "Impacted community" means a community that has been or has the
potential to be adversely impacted by the construction of, or ongoing
operation of, multiple major public facilities, public works, and
capital projects with significant public funding.
(5) "Major public facilities project, public works project, or
capital project with significant public funding" means any capital
project whose total cost exceeds ten million dollars. On July 1, 2009,
and on July 1 of each odd-numbered year thereafter, the capital project
cost threshold shall be adjusted by the capital project cost adjustment
factor for inflation established by the office of financial management.
NEW SECTION. Sec. 3
(2) Community preservation and development authorities have the
following purposes:
(a) To revitalize, enhance, and preserve the unique character of
impacted communities;
(b) To mitigate the adverse effects of multiple major public
facilities projects, public works projects, or capital projects with
significant public funding, or a secure community transition facility
as defined in RCW 71.09.020(14);
(c) To restore a local area's sense of community;
(d) To reduce the displacement of community members and businesses;
(e) To stimulate the community's economic vitality;
(f) To enhance public service provisions;
(g) To improve the standard of living of community members;
(h) To preserve historic buildings or areas by returning them to
economically productive uses that are compatible with or enhance their
historic character; and
(i) To raise the visibility of the consequences of public policy
decisions and actions.
NEW SECTION. Sec. 4
(2) Formation of the community preservation and development
authority is subject to legislative authorization in law. The
legislature must find that the area within the authority's proposed
geographic boundaries meets the definitions of "community" and
"impacted community" contained in section 2 of this act. For a
community proposing formation of an authority after January 1, 2008,
the legislature must also find that the community has identified one or
more stable revenue sources as required in subsection (1) of this
section. The legislature may then act to authorize the establishment
of the community preservation and development authority in law.
(3) The affairs of a community preservation and development
authority shall be managed by a board of directors, including the
following members:
(a) Two members who own, operate, or represent businesses within
the community;
(b) Two members who are involved in providing nonprofit community
or social services within the community;
(c) Two members who are involved in the arts and entertainment
within the community;
(d) Two members with significant knowledge of the community's
culture and history; and
(e) One member who is involved in a nonprofit or public planning
organization that directly serves the impacted community.
(4) No member of the board shall hold office for more than four
years. Board positions shall be numbered one through nine, and the
terms staggered as follows:
(a) Board members elected to positions one through five shall serve
two-year terms, and if reelected, may serve no more than one additional
two-year term.
(b) Board members initially elected to positions six through nine
shall serve a three-year term only.
(c) Board members elected to positions six through nine after the
initial three-year term shall serve two-year terms, and if reelected,
may serve no more than one additional two-year term.
(5) With respect to an authority's initial board of directors: The
state legislative delegation and the constituency proposing formation
of the authority shall jointly establish a committee to develop a list
of candidates to stand for election. The board of directors shall be
elected by the constituency of the authority during a meeting convened
for that purpose by the state legislative delegation.
(6) With respect to subsequent elections of an authority's board of
directors: A list of candidates shall be developed by the authority's
existing board of directors and the election shall be held during the
annual local town hall meeting as required in section 6(6)(c) of this
act.
NEW SECTION. Sec. 5
(a) Accept gifts, grants, loans, or other aid from public or
private entities;
(b) Contract and enter into partnerships with individuals,
associations, corporations, and local, state, and federal governments;
(c) Buy, own, lease, and sell real and personal property;
(d) Hold in trust, improve, and develop land;
(e) Invest, deposit, and reinvest its funds;
(f) Incur debt in furtherance of its mission;
(g) Lend its funds, property, credit, or services for corporate
purposes; and
(h) Exercise such additional powers as may be authorized by law.
(2) A community preservation and development authority shall have
no power of eminent domain nor any power to levy taxes or special
assessments.
NEW SECTION. Sec. 6
(1) Establish specific geographic boundaries for the authority
within its bylaws;
(2) Solicit input from members of its community and develop a
strategic preservation and development plan to restore or enhance the
health, safety, and well-being of the impacted community and to
preserve and recapture its cultural and historical identity;
(3) Include within the strategic plan a prioritized list of
projects identified and supported by the community, including capital
or operating components that address one or more of the purposes under
section 3 of this act;
(4) Establish funding mechanisms to support projects and programs
identified in the strategic plan including but not limited to grants
and loans;
(5) Use gifts, grants, loans, and other aid from public or private
entities to contract and enter into partnerships with individuals,
associations, corporations, and local, state, and federal governments
to carry out projects identified in the strategic plan, including but
not limited to those that: (a) Enhance public safety; (b) reduce
community blight; (c) provide ongoing mitigation of the adverse effects
of multiple publicly funded projects on the impacted community; and (d)
address other purposes identified in section 3 of this act; and
(6) Demonstrate ongoing accountability for its actions by:
(a) Reporting to the appropriate committees of the legislature, one
year after formation and every biennium thereafter, on the authority's
strategic plan, activities, accomplishments, and any recommendations
for statutory changes;
(b) Reporting any changes in the authority's geographic boundaries
to the appropriate committees of the legislature when the legislature
next convenes in regular session;
(c) Convening a local town hall meeting with its constituency on an
annual basis to: (i) Report its activities and accomplishments from
the previous year; (ii) present and receive input regarding its
proposed strategic plan and activities for the upcoming year; and (iii)
hold board member elections; and
(d) Maintaining books and records as appropriate for the conduct of
its affairs.
NEW SECTION. Sec. 7
NEW SECTION. Sec. 8
NEW SECTION. Sec. 9
(1) Communicate and consult fully with the community preservation
and development authority and impacted community, including assessing
the compatibility of the proposed project with the strategic plan
adopted by the authority; and
(2) Make every effort to ensure that any negative, cumulative
effects of multiple projects upon the impacted community are minimized.
NEW SECTION. Sec. 10 Captions used in this act constitute no
part of the law.
NEW SECTION. Sec. 11 Sections 1 through 9 of this act constitute
a new chapter in Title