BILL REQ. #: H-3956.4
State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/15/08. Referred to Committee on Housing.
AN ACT Relating to providing affordable housing for all; amending RCW 43.185B.040, 36.22.178, 36.18.010, 43.185A.100, and 43.63A.650; reenacting and amending RCW 43.185.070; adding a new section to chapter 43.185C RCW; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 36.22.179, 36.22.1791, 43.20A.790, 43.63A.650, 36.22.178, 43.185A.100, 43.185B.020, and 43.185B.040; making an appropriation; and providing an expiration date.
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. 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 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. Each county shall participate in the affordable housing for
all program except as provided in section 9 of this act; however, in
the development and implementation of the program scope and
requirements at the county level, the department shall consider: The
funding level to counties, number of county staff available to
implement the program, and competency of each county to meet the goals
of the program; and establish program guidelines, performance measures,
and reporting requirements appropriate to the existing capacity of the
participating counties.
NEW SECTION. Sec. 4 Unless the context clearly requires
otherwise, the definitions in this section apply throughout this
chapter.
(1) "Affordable housing" means housing that has a sales price or
rental amount that is within the means of a household that may occupy
low, very low, and extremely low-income housing. The department shall
adopt policies for residential rental and homeownership housing,
occupied by extremely low, very low, and low-income households, that
specify the percentage of household income that may be spent on monthly
housing costs, including utilities other than telephone, to qualify as
affordable housing.
(2) "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) "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.
(8) "Performance measurement" means the process of comparing
specific measures of success with ultimate and interim goals.
(9) "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.
(10) "Quality management program" means a nationally recognized
program using criteria similar or equivalent to the Baldridge criteria.
Beginning in 2010, 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 home security fund surcharges in RCW 36.22.179 and
36.22.1791 (as recodified by this act), and (e) any other surcharge
charged under chapter 36.22 or 43.185C RCW to fund homelessness or
other housing programs shall apply to the full examination Washington
state quality award program once every three years beginning by January
1, 2011. The Washington state housing finance commission must apply to
the full examination Washington state quality award program by December
31, 2010, and at least once every three years thereafter.
(11) "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.
(12) "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.
(13) "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.
(14) "Low-income household," for the purposes of the affordable
housing for all program, means a single person, family, or unrelated
persons living together whose adjusted income is less than eighty
percent of the median household income, adjusted for household size for
the county where the project is located.
(15) "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.
(16) "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.
(17) "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.
(18) "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.
(19) "Authority" or "housing authority" means any of the public
corporations created by RCW 35.82.030.
(20) "Good family-wage job" means a job that pays at or above one
of the two self-sufficiency income standards established under section
17 of this act which for an individual means enough income to support
one adult individual, and for a family means enough income to support
two adult individuals, one preschool-aged child, and one school-aged
child.
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 performance measures,
including the performance measures outlined in section 6 of this act,
goals and timelines that are determined by the department 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;
(d) 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;
(e) Report upon how housing trust fund awards and projects financed
by the Washington state housing finance commission 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))
(f) 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 households statewide
and in each county who are currently living in housing that is not
affordable given their wage level; and
(ii) A report on the number and percentage of additional affordable
rental housing units that are needed statewide and in each county;
(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 number and percentage of homes available for
purchase statewide and in each county that are affordable to each wage
level decile;
(f) An estimate of the number and percentage 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 low-income households and low-wage earning individuals 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 (as recodified by
this act).
(((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, 2009, 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, 2008, 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, low, and low-income households within each twelve-month
period;
(b) A measure of the change in the cost of housing relative to the
change in wages;
(c) A measure of the increase in affordable rental housing;
(d) A measure of the increase in self-sufficiency amongst
individuals and families;
(e) A measure of the increase in individuals' and family wages;
(f) A measure of community support for the state and county plans;
(g) A measure of county government financial support for the
program;
(h) A measure of the financial viability of the state and county
plans;
(i) A measure of the financial efficiency of the housing programs
funded by the county;
(j) A measure of the quality of the state and county plans; and
(k) 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, 2008, 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, 2011, unless the department determines that a performance
measure is not applicable to a specific county based on parameters and
thresholds established by the department.
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,
2009, and update the plan annually by June 30th thereafter. All plans
must be forwarded to the department by the date of adoption. County
affordable housing for all plans may be combined with the local
homeless housing plans required under RCW 43.185C.040, county
comprehensive plans required under RCW 36.70A.040, or any other
existing plan addressing housing within a county as long as the
requirements of all of the plans to be merged are met. For counties
required or choosing to plan under RCW 36.70A.040, county affordable
housing for all plans must be consistent with the housing elements of
comprehensive plans described in RCW 36.70A.070(2). County plans must
also be consistent with any existing local homeless housing plan
required in RCW 43.185C.050.
(2) County affordable housing for all plans must be primarily
focused on (a) ensuring that every very low-income household in the
county jurisdictional area has a decent, appropriate, and affordable
home in a healthy, safe environment by 2020 with a priority placed on
achieving this goal for extremely low-income households 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 also include information on the uses of
the affordable housing for all surcharge as required in RCW
36.22.178(4) (as recodified by this act). 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 2009.
(3) In addition to fulfilling the requirements of subsections (1)
and (2) of this section, county affordable housing for all plans must
include:
(a) Timelines for the accomplishment of interim goals and targets,
and for the acquisition of projected financing that is appropriate for
outlined goals and targets;
(b) An identification of challenges to reaching the affordable
housing for all goal;
(c) A total estimated amount of funds needed to reach the local
affordable housing for all goal and an identification of potential
funding sources; and
(d) 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, beginning in 2010.
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 (as recodified by this act); 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 2007 c 427 s 1 are each amended to read
as follows:
The surcharge provided for in this section shall be named the
affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The county may retain up to five
percent of these funds collected solely for the collection,
administration, and local distribution of these funds. Of the
remaining funds, forty percent of the revenue generated through this
surcharge will be transmitted monthly to the state treasurer who will
deposit the funds into the affordable housing for all account created
in RCW 43.185C.190. The department of community, trade, and economic
development must use these funds to provide housing and shelter for
extremely low-income households, including but not limited to grants
for building operation and maintenance costs of housing projects or
units within housing projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area
median income, and that require a supplement to rent income to cover
ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be
retained by the county and be deposited into a fund that must be used
by the county and its cities and towns for eligible housing activities
as described in this subsection that serve very low-income households
with incomes at or below fifty percent of the area median income. The
portion of the surcharge retained by a county shall be allocated to
eligible housing activities that serve extremely low and very low-income households in the county and the cities within a county
according to an interlocal agreement between the county and the cities
within the county consistent with countywide and local housing needs
and policies. A priority must be given to eligible housing activities
that serve extremely low-income households with incomes at or below
thirty percent of the area median income. Eligible housing activities
to be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income households with incomes at or below fifty percent of the
area median income, including units for homeownership, rental units,
seasonal and permanent farm worker housing units, and single room
occupancy units;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects eligible to receive housing
trust funds, that are affordable to very low-income households with
incomes at or below fifty percent of the area median income, and that
require a supplement to rent income to cover ongoing operating
expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or below fifty
percent of the area median income, to be administered by a local public
housing authority or other local organization that has an existing
rental assistance voucher program, consistent with or similar to the
United States department of housing and urban development's section 8
rental assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(3) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
(4) All counties shall report at least annually upon receipts and
expenditures of the affordable housing for all surcharge funds created
in this section to the department. The department may require more
frequent reports. The report must include the amount of funding
generated by the surcharge, the total amount of funding distributed to
date, the amount of funding allocated to each eligible housing
activity, a description of each eligible housing activity funded,
including information on the income or wage level and numbers of
extremely low and low-income households the eligible housing activity
is intended to serve, and the outcome or anticipated outcome of each
eligible housing activity.
Sec. 12 RCW 36.18.010 and 2007 c 523 s 2 are each 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 two-dollar surcharge to be
deposited into the Washington state heritage center account created in
RCW 43.07.129;
(12) For recording instruments, a surcharge as provided in RCW
36.22.178 (as recodified by this act); ((and))
(13) 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
(14) 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
36.22.1791 (as recodified by this act).
NEW SECTION. Sec. 13 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. 14 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, 2011. Each audit
must take no longer than six months or one hundred thousand dollars to
complete.
Sec. 15 RCW 43.185A.100 and 2006 c 349 s 11 are each amended to
read as follows:
(1) The department, the housing finance commission, the affordable
housing advisory board, and all local governments, housing authorities,
and other nonprofits receiving state housing funds, affordable housing
for all funds, home security funds, or financing through the housing
finance commission shall, by December 31, ((2006)) 2008, and annually
thereafter, review current housing reporting requirements related to
all housing programs and services and give recommendations to
streamline and simplify all housing planning and reporting requirements
to the department of community, trade, and economic development, which
will compile and present the recommendations annually to the
legislature. The entities listed in this section shall also give
recommendations for additional legislative actions that could promote
the affordable housing for all goal and the state goal to end
homelessness.
(2) The department shall collaborate with the housing finance
commission to streamline and, when possible, consolidate funding
application and reporting requirements. The department shall report on
its activities to the appropriate committees of the legislature by
December 31, 2008.
Sec. 16 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. 17 A new section is added to chapter 43.185C
RCW to read as follows:
The department shall contract with the employment security
department to annually establish two self-sufficiency income standards
based upon the cost of living, including housing costs, which include
mortgage or rent payments and utilities other than telephone, for each
county in the state. The self-sufficiency income standards must be
based upon the costs needed to support: (1) One adult individual; and
(2) two adult individuals and one preschool-aged child and one school-aged child. These income standards will be translated into an
equivalent hourly wage rate assuming one full-year, full-time earner
for the self-sufficiency income standards for each county. The self-sufficiency income standards must be presented to the legislature by
December 31, 2009. The employment security department must spend no
more than one hundred ten thousand dollars in creating the initial
self-sufficiency income standards and no more than fifty-five thousand
dollars annually to update the standards. The employment security
department shall deliver a report to the department and the appropriate
committees of the legislature that details the number and percentage of
individuals statewide and in each county who do not have a good family
wage job and, as a result, earn less than the self-sufficiency income
standards, as well as the number and percentage of individuals
statewide and in each county who have a good family wage job and, as a
result, earn an amount equivalent to or more than the self-sufficiency
income standards.
NEW SECTION. Sec. 18 The joint legislative audit and review
committee shall conduct a performance audit and evaluation of the
growth management act, chapter 36.70A RCW, by January 1, 2009. The
audit must include the following components:
(1) An evaluation of the effectiveness of growth management act
policies and requirements, including:
(a) An assessment to determine whether or not and to what degree
the growth management act has been successful in furthering the
planning goals as described in RCW 36.70A.020; and
(b) The identification of challenges and barriers limiting the
success of the growth management act in furthering and achieving the
goals of RCW 36.70A.020 as well as a recommendation of the best method
for the state and local jurisdictions to annually identify and address
challenges and barriers to achieving the goals.
(2) A determination of the full financial cost to local governments
for activities related to compliance with the growth management act
since its enactment and a recommendation of the most appropriate method
of fully funding future planning and accountability activities. Costs
to be included in the assessment of the total financial cost of the
growth management act must include, among others, costs associated with
planning, implementation, and litigation.
(3) A determination of the most effective and accurate method of
determining growth management population projections by the office of
financial management that will result in the identification of correct
yearly targets for housing for all economic segments within each local
jurisdiction.
(4) A determination of the most accurate method for local
jurisdictions to establish correct housing targets, including
recommended procedures to:
(a) Identify the existing backlog need for housing by wage and
income level;
(b) Ensure that there is adequate and appropriate available housing
given the number and wage levels of employment opportunities in order
to accomplish the goal of providing housing opportunities to all
individuals near their places of employment; and
(c) Ensure that available housing at a variety of monthly housing
price points matches available employment opportunities while
considering employment wages and total household income levels of
employees within the jurisdiction.
(5) An overall evaluation of the efficiency and effectiveness of
the growth management hearings boards established in RCW 36.70A.250,
including the petition and appeals processes.
(6) The determination of the best method to link wage or income
performance measures of individuals and households in all housing
economic segments to the key performance measures of other growth
management act goals in action plans for local legislative authorities.
(7) A determination of the most effective methods to track
performance measures on an annual basis and to hold local jurisdictions
accountable for meeting the performance measures.
Sec. 19 RCW 43.185.070 and 2005 c 518 s 1802 and 2005 c 219 s 2
are each reenacted and amended to read as follows:
(1) During each calendar year in which funds from the housing trust
fund or other legislative appropriations are available for use by the
department for the housing assistance program, the department shall
announce to all known interested parties, and through major media
throughout the state, a grant and loan application period of at least
ninety days' duration. This announcement shall be made as often as the
director deems appropriate for proper utilization of resources. The
department shall then promptly grant as many applications as will
utilize available funds less appropriate administrative costs of the
department. Administrative costs paid out of the housing trust fund
may not exceed five percent of annual revenues available for
distribution to housing trust fund projects. In awarding funds under
this chapter, the department shall provide for a geographic
distribution on a statewide basis.
(2) The department shall give first priority to applications for
projects and activities which utilize existing privately owned housing
stock including privately owned housing stock purchased by nonprofit
public development authorities and public housing authorities as
created in chapter 35.82 RCW. As used in this subsection, privately
owned housing stock includes housing that is acquired by a federal
agency through a default on the mortgage by the private owner. Such
projects and activities shall be evaluated under subsection (3) of this
section. Second priority shall be given to activities and projects
which utilize existing publicly owned housing stock. All projects and
activities shall be evaluated by some or all of the criteria under
subsection (3) of this section, and similar projects and activities
shall be evaluated under the same criteria.
(3) The department shall give preference for applications based on
some or all of the criteria under this subsection, and similar projects
and activities shall be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary
habilitation and support services for projects focusing on special
needs populations;
(c) Recipient contributions to total project costs, including
allied contributions from other sources such as professional, craft and
trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of
infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other
project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the
original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and
resources to implement the project;
(h) The applicant has committed to quality improvement and
submitted an application to the Washington state quality award program
within the previous three years;
(i) Projects which demonstrate serving the greatest need;
(((i))) (j) Projects that provide housing for persons and families
with the lowest incomes;
(((j))) (k) Projects serving special needs populations which are
under statutory mandate to develop community housing;
(((k))) (l) Project location and access to employment centers in
the region or area;
(((l))) (m) Projects that provide employment and training
opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and
(((m))) (n) Project location and access to available public
transportation services.
(4) The department shall only approve applications for projects for
((mentally ill)) persons with mental illness that are consistent with
a regional support network six-year capital and operating plan.
NEW SECTION. Sec. 20 The sum of twenty thousand dollars, or as
much thereof as may be necessary, is appropriated for the biennium
ending June 30, 2009, from the general fund to the affordable housing
for all account to be distributed by the department of community,
trade, and economic development to statewide organizations addressing
affordable housing issues, homeless issues, or both, using a selection
method and distribution formula to be determined by the department, to
be used for creating comprehensive statewide affordable housing for all
plans consistent with the goals and performance measures of the state
and local affordable housing for all plans as described in this act.
Recipient organizations must present their affordable housing for all
plans to the appropriate committees of the legislature one year
following the receipt of appropriation funds.
NEW SECTION. Sec. 21 RCW 36.22.179, 36.22.1791, 43.20A.790, and
43.63A.650 are each recodified as sections in chapter 43.185C RCW.
NEW SECTION. Sec. 22 RCW 36.22.178, 43.185A.100, 43.185B.020,
and 43.185B.040 are each recodified as sections in chapter 43.--- RCW
(created in section 23 of this act).
NEW SECTION. Sec. 23 Sections 1 through 4, 6 through 10, 13, and
14 of this act constitute a new chapter in Title
NEW SECTION. Sec. 24 If specific funding for the purposes of
sections 1 through 16 of this act, referencing this act by bill,
chapter, or section number, is not provided by June 30, 2008, in the
omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 25 Section 18 of this act expires March 1,
2009.