SHB 2138 -
By Committee on Ways & Means
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.63A.510 and 1993 c 461 s 2 are each amended to
read as follows:
(1) The department shall work with ((the departments of natural
resources, transportation, social and health services, corrections, and
general administration)) state and local governmental entities to
identify and catalog surplus or underutilized((, state-owned land and
property)) real property owned by these governmental entities suitable
for the development of affordable housing for extremely low-income,
very low-income, low-income, or moderate-income households. The state
and local governmental entities subject to the requirements of this
section are the departments of natural resources, transportation,
social and health services, corrections, ((and)) general administration
((shall)), and public lands, and the state parks and recreation
commission, counties, cities, and towns. These governmental entities
must provide upon request an inventory of surplus or underutilized real
property that is owned or administered by each ((agency)) governmental
entity and is available for lease or sale. ((The inventories shall be
provided to the department by November 1, 1993, with inventory
revisions provided each November 1 thereafter.)) Each inventory must
contain descriptive information about each property that includes, if
known, the contact information for the property and the location,
approximate size, sale or lease price and terms, and current zoning
classification of the property. Each inventory must be updated at
least once a year, and printed and electronic copies of each inventory
must be provided upon request.
(2) ((Upon written request, the department shall provide a copy of
the inventory of state-owned and publicly owned lands and buildings to
parties interested in developing the sites for affordable housing.)) Surplus property for sale by the governmental entities
subject to the requirements of this section, and which is suitable for
the development of affordable housing, must be offered for at least the
first one hundred eighty days after its availability for sale,
exclusively to eligible organizations, for the purpose of developing
affordable housing. Eligible organizations have the right of first
opportunity to obtain these surplus properties by purchase, lease,
exchange, or donation, under reasonable option and conveyance
conditions, in return for a commitment to provide affordable housing
for at least thirty years. Governmental entities subject to this
section have the sole authority to determine: (a) Whether or not
property is surplus; (b) whether or not the property is suitable for
the development of affordable housing for extremely low-income, very
low-income, and low-income persons or families; and (c) what
constitutes reasonable option and conveyance conditions for the
purchase, lease, exchange, or donation of the property.
(3)
(3) A governmental entity that sells real property to an eligible
entity under this section may do so at a price that is less than fair
market value, provided that the affordable housing developed on the
property is occupied solely by individuals or families who are
extremely low, very low, or low income.
(4) Each governmental entity subject to the requirements of this
section must develop the criteria and procedures necessary for
inventorying surplus property and offering it for sale, lease,
exchange, or donation to eligible organizations.
(5) As used in this section:
(a) "Affordable housing" means residential housing that is rented
or owned by a person who qualifies as ((a)) an extremely low-income,
very low-income, low-income, or moderate-income household or who is
from a special needs population, and whose monthly housing costs,
including utilities other than telephone, do not exceed thirty percent
of the household's monthly income.
(b) "Very low-income household" means a single person, family, or
unrelated persons living together whose income is at or below fifty
percent of the median income, adjusted for household size, for the
county where the affordable housing is located.
(c) "Low-income household" means a single person, family, or
unrelated persons living together whose income is more than fifty
percent but is at or below eighty percent of the median income where
the affordable housing is located.
(d) "Moderate-income household" means a single person, family, or
unrelated persons living together whose income is more than eighty
percent but is at or below one hundred fifteen percent of the median
income where the affordable housing is located.
(e) "Eligible organization" means any city, town, or county
government, local housing authority, public development authority,
community renewal agency, regional support network established under
chapter 71.24 RCW, nonprofit community or neighborhood-based
organization, federally recognized Indian tribe in the state of
Washington, or regional or statewide nonprofit housing assistance
organization, each having experience in the development of affordable
housing.
(f) "Real property" means land, buildings, or buildings and land.
(g) "Extremely low-income household" means a single person, family,
or unrelated persons living together whose income is at or below thirty
percent of the median income, adjusted for household size, for the
county where the affordable housing is located.
Sec. 2 RCW 47.12.063 and 2006 c 17 s 2 are each amended to read
as follows:
(1) It is the intent of the legislature to continue the
department's policy giving priority consideration to abutting property
owners in agricultural areas when disposing of property through its
surplus property program under this section. With respect to surplus
property in nonagricultural areas that is suitable for residential use,
the department shall give priority to selling, leasing, exchanging, or
donating the property to a public entity or private nonprofit entity
dedicated to the development of affordable housing for extremely low-income, very low-income, low-income, or moderate-income households,
consistent with the requirements of this section and RCW 43.63A.510.
(2) Whenever the department determines that any real property owned
by the state of Washington and under the jurisdiction of the department
is no longer required for transportation purposes and that it is in the
public interest to do so, the department may sell, lease, or exchange
the property or exchange it in full or part consideration for land or
improvements or for construction of improvements ((at fair market value
to)). Except as authorized in (j) of this subsection, the department
must receive fair market value for any such sale, lease, or exchange.
The department may engage in the sale, lease, or exchange of its
surplus property with any of the following governmental entities or
persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state acquired
title;
(f) In the case of residentially improved property, a tenant of the
department who has resided thereon for not less than six months and who
is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other abutting
private owner (if any), as shown in the records of the county assessor,
is notified in writing of the proposed sale. If more than one abutting
private owner requests in writing the right to purchase the property
within fifteen days after receiving notice of the proposed sale, the
property shall be sold at public auction in the manner provided in RCW
47.12.283;
(h) To any person through the solicitation of written bids through
public advertising in the manner prescribed by RCW 47.28.050;
(i) To any other owner of real property required for transportation
purposes;
(j) In the case of property suitable for residential use, any
nonprofit organization dedicated to providing affordable housing to
extremely low-income, very low-income, low-income, and moderate-income
households as defined in RCW 43.63A.510 and is eligible to receive
assistance through the Washington housing trust fund created in chapter
43.185 RCW. The department may sell, lease, exchange, or donate the
property for less than fair market value under this subsection (2)(j)
if the affordable housing to be developed on the property is to be
occupied exclusively by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510; or
(k) A federally recognized Indian tribe within whose reservation
boundary the property is located.
(3) Sales to purchasers may at the department's option be for cash,
by real estate contract, or exchange of land or improvements.
Transactions involving the construction of improvements must be
conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable,
and must comply with all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be by deed
executed by the secretary of transportation and shall be duly
acknowledged.
(5) Unless otherwise provided, all moneys received pursuant to the
provisions of this section less any real estate broker commissions paid
pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
Sec. 3 RCW 47.12.064 and 1995 c 399 s 121 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
shall include the location, approximate size, and current zoning
classification of the property. ((The department shall provide a copy
of the inventory to the department of community, trade, and economic
development by November 1, 1993, and every November 1 thereafter.))
(2) By November 1st of each year, beginning in ((1994)) 2011, the
department shall purge the inventory of real property of sites that are
no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 4 RCW 43.20A.037 and 1995 c 399 s 65 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, and moderate-income
households as defined in RCW 43.63A.510. The inventory shall include
the location, approximate size, and current zoning classification of
the property. ((The department shall provide a copy of the inventory
to the department of community, trade, and economic development by
November 1, 1993, and every November 1 thereafter.))
(2) By November 1st of each year, beginning in ((1994)) 2011, the
department shall purge the inventory of real property of sites that are
no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
(3) In selling, transferring, or otherwise disposing of surplus or
under utilized property, the department shall give priority to selling,
leasing, exchanging, or donating the property to a public or private
entity dedicated to the development of affordable housing for extremely
low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. The department may sell, lease,
exchange, or donate the property for less than fair market value if the
affordable housing to be developed on the property is to be occupied
exclusively by extremely low-income, very low-income, or low-income
households as provided in RCW 43.63A.510.
Sec. 5 RCW 72.09.055 and 1995 c 399 s 202 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
shall include the location, approximate size, and current zoning
classification of the property. ((The department shall provide a copy
of the inventory to the department of community, trade, and economic
development by November 1, 1993, and every November 1 thereafter.))
(2) By November 1st of each year, beginning in ((1994)) 2011, the
department shall purge the inventory of real property of sites that are
no longer available for the development of affordable housing. The
department shall include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
(3) In selling, transferring, or otherwise disposing of surplus or
under utilized property, the department shall give priority to selling,
leasing, exchanging, or donating the property to a public or private
entity dedicated to the development of affordable housing for very low-income, low-income, or moderate-income households, consistent with RCW
43.63A.510. The department may sell, lease, exchange, or donate the
property for less than fair market value if the affordable housing to
be developed on the property is to be occupied exclusively by extremely
low-income, very low-income, or low-income households as provided in
RCW 43.63A.510.
Sec. 6 RCW 43.19.19201 and 1995 c 399 s 64 are each amended to
read as follows:
(1) In accordance with RCW 43.63A.510, the department of general
administration shall identify and catalog real property that is no
longer required for department purposes and is suitable for the
development of affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW
43.63A.510. The inventory shall include the location, approximate
size, and current zoning classification of the property. ((The
department of general administration shall provide a copy of the
inventory to the department of community, trade, and economic
development by November 1, 1993, and every November 1 thereafter.))
(2) By November 1st of each year, beginning in ((1994)) 2011, the
department of general administration shall purge the inventory of real
property of sites that are no longer available for the development of
affordable housing. The department shall include an updated listing of
real property that has become available since the last update. As used
in this section, "real property" means buildings, land, or buildings
and land.
(3) In selling, transferring, or otherwise disposing of surplus or
under utilized property, the department shall give priority to selling,
leasing, exchanging, or donating the property to a public or private
entity dedicated to the development of affordable housing for extremely
low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. The department may sell, lease,
exchange, or donate the property for less than fair market value if the
affordable housing to be developed on the property is to be occupied
exclusively by extremely low-income, very low-income, or low-income
households as provided in RCW 43.63A.510.
Sec. 7 RCW 79A.05.170 and 1991 sp.s. c 13 s 23 are each amended
to read as follows:
(1) In selling, transferring, or otherwise disposing of surplus or
underutilized real property, the commission shall give priority to
selling, leasing, exchanging, or donating the property to a public or
private entity dedicated to the development of affordable housing for
extremely low-income, very low-income, low-income, or moderate-income
households, consistent with RCW 43.63A.510. The commission may sell,
lease, exchange, or donate the property for less than fair market value
if the affordable housing to be developed on the property is to be
occupied exclusively by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510.
(2) Except for those lands subject to RCW 43.63A.510, any lands
owned by the ((state parks and recreation)) commission, which are
determined to be surplus to the needs of the state for development for
state park purposes and which the commission proposes to deed to a
local government or other entity, shall be accompanied by a clause
requiring that if the land is not used for outdoor recreation purposes,
ownership of the land shall revert to the ((state parks and
recreation)) commission.
(((2) The state parks and recreation commission,)) (a) In cases
where land subject to such a reversionary clause is proposed for use or
disposal for purposes other than recreation, the commission shall
require that, if the land is surplus to the needs of the commission for
park purposes at the time the commission becomes aware of its proposed
use for nonrecreation purposes, the holder of the land or property
shall reimburse the commission for the release of the reversionary
interest in the land. The reimbursement shall be in the amount of the
fair market value of the reversionary interest as determined by a
qualified appraiser agreeable to the commission. Appraisal costs shall
be borne by the local entity which holds title to the land.
(((3))) (b) Any funds generated under a reimbursement under this
section shall be deposited in the parkland acquisition account which is
hereby created in the state treasury. Moneys in this account are to be
used solely for the purchase or acquisition of property for use as
state park property by the commission, as directed by the legislature;
all such funds shall be subject to legislative appropriation.
(3) In accordance with RCW 43.63A.510, the commission shall
identify and catalog real property that is no longer required for
commission purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
must include the location, approximate size, and current zoning
classification of the property. By November 1st of each year,
beginning in 2011, the commission shall purge the inventory of real
property of sites that are no longer available for the development of
affordable housing. The commission shall include an updated listing of
real property that has become available since the last update. As used
in this section, "real property" means buildings, land, or buildings
and land.
Sec. 8 RCW 79A.05.175 and 2007 c 145 s 1 are each amended to read
as follows:
Except for those lands subject to RCW 43.63A.510 and 79A.05.170(1),
whenever the commission finds that any land under its control cannot
advantageously be used for park purposes, it is authorized to dispose
of such land by the method provided in this section or by the method
provided in RCW 79A.05.170. If such lands are school or other grant
lands, control thereof shall be relinquished by resolution of the
commission to the proper state officials. If such lands were acquired
under restrictive conveyances by which the state may hold them only so
long as they are used for park purposes, they may be returned to the
donor or grantors by the commission. All other such lands may be
either sold by the commission to the highest bidder or exchanged for
other lands of equal value by the commission, and all conveyance
documents shall be executed by the governor. All such exchanges shall
be accompanied by a transfer fee, to be set by the commission and paid
by the other party to the transfer; such fee shall be paid into the
parkland acquisition account established under RCW 79A.05.170. The
commission may accept sealed bids, electronic bids, or oral bids at
auction. Bids on all sales shall be solicited at least twenty days in
advance of the sale date by an advertisement appearing at least once a
week for two consecutive weeks in a newspaper of general circulation in
the county in which the land to be sold is located. If the commission
feels that no bid received adequately reflects the fair value of the
land to be sold, it may reject all bids, and may call for new bids.
All proceeds derived from the sale of such park property shall be paid
into the park land acquisition account. All land considered for
exchange shall be evaluated by the commission to determine its
adaptability to park usage. The equal value of all lands exchanged
shall first be determined by the appraisals to the satisfaction of the
commission. No sale or exchange of state park lands shall be made
without the unanimous consent of the commission.
Sec. 9 RCW 36.34.137 and 1993 c 461 s 5 are each amended to read
as follows:
(1) In selling, transferring, or otherwise disposing of surplus or
underutilized real property, every county shall give priority to
selling, leasing, exchanging, or donating the property to a public or
private entity dedicated to the development of affordable housing for
extremely low-income, very low-income, low-income, or moderate-income
households, consistent with RCW 43.63A.510. A county may sell, lease
exchange, or donate the property for less than fair market value if the
affordable housing to be developed on the property is to be occupied
exclusively by extremely low-income, very low-income, or low-income
households as provided in RCW 43.63A.510.
(2) In accordance with RCW 43.63A.510, every county shall identify
and catalog real property owned by the county that is no longer
required for its purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory shall include the location, approximate size, and current
zoning classification of the property. ((Every county shall provide a
copy of the inventory to the department of community development by
November 1, 1993, with inventory revisions each November 1 thereafter.)) (3) By November 1st of each year, beginning in ((
(2)1994)) 2011,
every county shall purge the inventory of real property of sites that
are no longer available for the development of affordable housing. The
inventory revision shall include an updated listing of real property
that has become available since the last update. As used in this
section, "real property" means buildings, land, or buildings and land.
Sec. 10 RCW 35.21.687 and 1995 c 399 s 37 are each amended to
read as follows:
(1) In selling, transferring, or otherwise disposing of surplus or
underutilized real property, every city and town, including every code
city operating under Title 35A RCW, shall give priority to selling,
leasing, exchanging, or donating the property to a public or private
entity dedicated to the development of affordable housing for extremely
low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. A city, town, or code city may sell,
lease, exchange, or donate the property for less than fair market value
if the affordable housing to be developed on the property is to be
occupied exclusively by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510.
(2) In accordance with RCW 43.63A.510, every city and town,
including every code city operating under Title 35A RCW, shall identify
and catalog real property owned by the city or town that is no longer
required for its purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory shall include the location, approximate size, and current
zoning classification of the property. ((Every city and town shall
provide a copy of the inventory to the department of community, trade,
and economic development by November 1, 1993, with inventory revisions
each November 1 thereafter.)) (3) By November 1st of each year, beginning in ((
(2)1994)) 2011,
every city and town, including every code city operating under Title
35A RCW, shall purge the inventory of real property of sites that are
no longer available for the development of affordable housing. The
inventory revision shall also contain a list of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 11 RCW 79.11.005 and 2003 c 334 s 201 are each amended to
read as follows:
(1) Subject to RCW 43.63A.510, the department is authorized to sell
any real property not designated or acquired as state forest lands, but
acquired by the state, either in the name of the forest board, the
forestry board, or the division of forestry, for administrative sites,
lien foreclosures, or other purposes whenever it shall determine that
the lands are no longer or not necessary for public use.
(2) In selling, transferring, or otherwise disposing of surplus or
underutilized real property, the department shall give priority to
selling, leasing, exchanging, or donating the property to a public or
private entity dedicated to the development of affordable housing for
extremely low-income, very low-income, low-income, or moderate-income
households, consistent with RCW 43.63A.510. The department may sell,
lease, exchange, or donate the property for less than fair market value
if the affordable housing to be developed on the property is to be
occupied exclusively by extremely low-income, very low-income, or low-income households as provided in RCW 43.63A.510.
(3) Except as otherwise provided under RCW 43.63A.510, the sale may
be made after public notice to the highest bidder for such a price as
approved by the governor, but not less than the fair market value of
the real property, plus the value of improvements thereon. Any
instruments necessary to convey title must be executed by the governor
in a form approved by the attorney general.
(((3))) (4) All amounts received from the sale must be credited to
the fund of the department of government that is responsible for the
acquisition and maintenance of the property sold.
(5) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property owned by the county that is no
longer required for its purposes and is suitable for the development of
affordable housing for extremely low-income, very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510.
The inventory must include the location, approximate size, and current
zoning classification of the property.
(6) By November 1st of each year, beginning in 2011, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The inventory
revision must include an updated listing of real property that has
become available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land.
Sec. 12 RCW 79.22.060 and 2009 c 354 s 7 are each amended to read
as follows:
(1) With the approval of the board and subject to RCW 43.63A.510,
the department may directly transfer or dispose of state forest lands
without public auction, if the lands:
(a) Consist of ten contiguous acres or less;
(b) Have a value of twenty-five thousand dollars or less; or
(c) Are located in a county with a population of twenty-five
thousand or less and are encumbered with timber harvest deferrals,
associated with wildlife species listed under the federal endangered
species act, greater than thirty years in length.
(2) Disposal under this section may only occur in the following
circumstances:
(a) Transfers in lieu of condemnation;
(b) Transfers to resolve trespass and property ownership disputes;
or
(c) In counties with a population of twenty-five thousand or less,
transfers to public agencies.
(3) Except as otherwise provided under RCW 43.63A.510 and
79.11.005(2), real property to be transferred or disposed of under this
section shall be transferred or disposed of only after appraisal and
for at least fair market value, and only if the transaction is in the
best interest of the state or affected trust. Valuable materials
attached to lands transferred to public agencies under subsection
(2)(c) of this section must be appraised at the fair market value
without consideration of management or regulatory encumbrances
associated with wildlife species listed under the federal endangered
species act.
(4) The proceeds from real property transferred or disposed of
under this section shall be deposited into the park land trust
revolving fund and be solely used to buy replacement land within the
same county as the property transferred or disposed. In counties with
a population of twenty-five thousand or less, the portion of the
proceeds associated with valuable materials on the transferred land
must be distributed as provided in RCW 79.64.110.
(5) In selling, transferring, or otherwise disposing of surplus or
underutilized property, the department shall give priority to selling,
leasing, exchanging, or donating the property to a public or private
entity dedicated to the development of affordable housing for extremely
low-income, very low-income, low-income, or moderate-income households,
consistent with RCW 43.63A.510. The department may sell, lease,
exchange, or donate the property for less than fair market value if the
affordable housing to be developed on the property is to be occupied
exclusively by extremely low-income, very low-income, or low-income
households as provided in RCW 43.63A.510.
(6) In accordance with RCW 43.63A.510, the department shall
identify and catalog real property that is no longer required for
department purposes and is suitable for the development of affordable
housing for extremely low-income, very low-income, low-income, and
moderate-income households as defined in RCW 43.63A.510. The inventory
must include the location, approximate size, and current zoning
classification of the property.
(7) By November 1st of each year, beginning in 2011, the department
shall purge the inventory of real property of sites that are no longer
available for the development of affordable housing. The department
shall include an updated listing of real property that has become
available since the last update. As used in this section, "real
property" means buildings, land, or buildings and land."
SHB 2138 -
By Committee on Ways & Means
On page 1, line 2 of the title, after "housing;" strike the remainder of the title and insert "and amending RCW 43.63A.510, 47.12.063, 47.12.064, 43.20A.037, 72.09.055, 43.19.19201, 79A.05.170, 79A.05.175, 36.34.137, 35.21.687, 79.11.005, and 79.22.060."
EFFECT: The department of commerce is not required to maintain a listing of under-utilized or surplus properties suitable for the development of affordable housing of specified governmental entities. The requirement that the department of commerce report its list to the legislature annually is removed.