Passed by the House March 7, 2020 Yeas 97 Nays 0 LAURIE JINKINS
Speaker of the House of Representatives Passed by the Senate March 4, 2020 Yeas 47 Nays 0 CYRUS HABIB
President of the Senate | CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2315 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN
Chief Clerk Chief Clerk |
Approved March 25, 2020 2:59 PM | FILED March 26, 2020 |
JAY INSLEE
Governor of the State of Washington | Secretary of State State of Washington |
HOUSE BILL 2315
AS AMENDED BY THE SENATE
Passed Legislature - 2020 Regular Session
State of Washington | 66th Legislature | 2020 Regular Session |
ByRepresentatives Orwall, Fitzgibbon, and Pellicciotti
Prefiled 01/08/20.Read first time 01/13/20.Referred to Committee on Local Government.
AN ACT Relating to repairing and replacing mitigation equipment installed as part of a remedial program within an impacted area; and amending RCW
53.54.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
53.54.030 and 1993 c 150 s 1 are each amended to read as follows:
For the purposes of this chapter, in developing a remedial program, the port commission may utilize one or more of the following programs:
(1) Acquisition of property or property rights within the impacted area, which shall be deemed necessary to accomplish a port purpose. The port district may purchase such property or property rights by time payment notwithstanding the time limitations provided for in RCW
53.08.010. The port district may mortgage or otherwise pledge any such properties acquired to secure such transactions. The port district may assume any outstanding mortgages.
(2) Transaction assistance programs, including assistance with real estate fees and mortgage assistance, and other neighborhood remedial programs as compensation for impacts due to aircraft noise and noise associated conditions. Any such programs shall be in connection with properties located within an impacted area and shall be provided upon terms and conditions as the port district shall determine appropriate.
(3) Programs of soundproofing structures located within an impacted area. Such programs may be executed without regard to the ownership, provided the owner waives damages and conveys an easement for the operation of aircraft, and for noise and noise associated conditions therewith, to the port district.
(4) Mortgage insurance of private owners of lands or improvements within such noise impacted area where such private owners are unable to obtain mortgage insurance solely because of noise impact. In this regard, the port district may establish reasonable regulations and may impose reasonable conditions and charges upon the granting of such mortgage insurance: PROVIDED, That such fees and charges shall at no time exceed fees established for federal mortgage insurance programs for like service.
(5)(a) An individual property may be provided benefits by the port district under each of the programs described in subsections (1) through (4) of this section. However, an individual property may not be provided benefits under any one of these programs more than once, unless the property ((is)):
(i) Is subjected to increased aircraft noise or differing aircraft noise impacts that would have afforded different levels of mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement; or
(ii) Contains a soundproofing installation, structure, or other type of sound mitigation equipment product or benefit previously installed pursuant to the remedial program under this chapter by the port district that is determined through inspection to be in need of a repair or replacement.
(b) Port districts choosing to exercise the authority under (a)(ii) of this subsection are required to conduct inspections of homes where mitigation improvements are no longer working as intended. In those properties, port districts must work with a state certified building inspector to determine whether package failure resulted in additional hazards or structural damage to the property.
(6) Management of all lands, easements, or development rights acquired, including but not limited to the following:
(a) Rental of any or all lands or structures acquired;
(b) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning and the state environmental policy;
(c) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security transaction: PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.
(7) A property shall be considered within the impacted area if any part thereof is within the impacted area.
Passed by the House March 7, 2020.
Passed by the Senate March 4, 2020.
Approved by the Governor March 25, 2020.
Filed in Office of Secretary of State March 26, 2020.
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