AWC Legislative Bulletin - Volume 31, No. 8
February 29, 2008
(Plain Text Version)
Return to Graphical Version | Search
back issues
In this issue:
What You Need to Know Now
Creating "Cooler" Communities – Municipal Responses to Climate Change
From the Director: Budgets Take Center Stage
Energy & Telecommunications
General Local Government
Infrastructure, Transportation & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
Online Legislative Advocacy Tools
AWC Legislative Contacts & Officers
Land Use & Housing
For information on any of the following items, please contact either Dave Williams, davew@awcnet.org, or Tim Gugerty, timg@awcnet.org.
Annexation Reform – AWC Priority (HB 2483)
HB 2483 has passed from the Senate Government Operations and Elections Committee and is awaiting a pull to the Senate floor for passage. It would standardize the property-owner petition-method of annexation process between code and non-code cities so that both code and non-code cities may annex by petition if supported by owners of at least 60% of the assessed value of annexable land.
Currently, code cities choosing to use this method need the support of owners of at least 60% of the assessed valuation of a proposed annexation area, while non-code cities need the support of at least 75%.
Fire District Commissioner Annexation Reform (ESHB 2938)
Most of the land use-related portions of this bill have been removed. For an update on the current version, please see the Personnel & Labor Relations section.
Local Solutions to Climate Change/GMA (ESSB 6580)
ESSB 6580 as it left the Senate contained:
- No new mandates;
- A stakeholder process to evaluate what changes, if any, are appropriate to help cities and counties address climate change;
- A directive to CTED to develop models and tools for interested cities, and;
- A pilot program to fund cities or counties wishing to address this issue.
AWC, along with the Washington State Association of Counties (WSAC), testified in support of this basic approach during the February 26 hearing before the House Local Government Committee. Opponents from a wide array of business interests opposed provisions establishing both the pilot program and models. They argued these were premature and that stakeholder consultations should occur first followed by analysis to see what changes, if any, should be made during the 2009 Legislative session. AWC and WSAC support making the pilot program and models available concurrently with the stakeholder process.
As of Thursday, February 28, the bill had failed to move from committee and appeared "dead" for the session. However, a special meeting of the House Local Government Committee has been scheduled for 4:30 pm on February 29 to consider this bill. Stay tuned!
As has been previously reported, these bills have essentially the same idea – help cities establish an accurate baseline inventory and assessment of trees and offer help on how to best protect and care for them.
Both bills remain "alive" having passed from the Senate Natural Resources, Oceans and Recreation Committee this week. An AWC opposed amendment to require some cities to comply with parts certain bill provisions, was not offered and is not included in either bill. Both bills must pass from the Senate Ways and Means Committee by March 3 to remain active.
AWC supports these bills which provide help to cities with the provision of tree inventories and assessments from the Department of Natural Resources (DNR). Such assistance will come over the next several years as funding is made available. Provisions in E2SHB 2844 establish a process by which DNR and CTED will develop an Evergreen Cities program and tree maintenance and retention standards that interested cities may implement.
This strictly voluntary program would include some level of financial support and "incentives," such as receiving credit for its use when applying for various state grant or loan programs.
GMA/Housing/Consistent Development Regulations Between Cities and Urbanizing Parts of Counties (ESHB 1727)
The Senate Government Operations and Elections Committee referred ESHB 1727 to the Ways and Means Committee on February 28 where it scheduled for hearing on late afternoon, Friday, February 2.
Sec. 4 of the bill, which AWC supports, generates some controversy. As amended, it would require interested cities and their county to consult and cooperate on issues surrounding consistent development regulations and report back to the Legislature with results. The amendment would also require use of city development standards on a narrow set of unincorporated lands – those being totally surrounded by a single city; or, if surrounded by more than one city, the standards from the city through which sole vehicular access is provided.
Eminent Domain Repurchase Option (2ESHB 2016)
2ESHB 2016 was heard in the Senate Judiciary Committee on February 26 and it is expected to pass out of the committee before the cut-off.
This bill places new requirements on state and local governments to provide written explanations of the consideration of alternatives to proposed projects prior to final action on decisions to condemn property and to provide a repurchase option to former owners if the property is not used.
AWC has been supportive of the repurchase option and consideration of alternatives. But we continue to be concerned that the current version of the consideration of alternatives may jeopardize the long-standing judicial deference given to local legislative authorities and would result in the court substituting its judgment on the design of projects and deference on what constitutes a necessary and public use when making decisions about condemnation.
The bill also clarifies that eminent domain cannot be used where the "substantial" purpose would be for transfer to private developers, tax increases, or increased employment. We remain concerned about how those new restrictions will impact existing city projects using funding tools such as CERB and the Local Infrastructure Finance Tool (LIFT), in which state law requires that cities report on these impacts.
In addition, the bill is expected to increase the amount a local government must reimburse a property owner for evaluation of an offer for purchase, and we are hopeful that the final version of the bill contains a maximum limit on those potential increased costs.
Ending Homelessness (E2SHB 1115)
As described in the February 8 Bulletin, E2SHB 1115 modifies Homeless Housing and Assistance Act. The bill passed out of the House on February 18 with the following amendments:
- The name of the act is changed from the Homeless Housing and Assistance Act to the Ending Homelessness Act and the program goal is changed to reduce homelessness by 70% (previously 50%) by 2015 and end homelessness by 2018 (previously no date provided).
- The amended bill requires the state Department of Community, Trade and Economic Development (CTED) to provide guidelines to local governments regarding performance measures methods.
- Jurisdictions participating in the program must update the Local Ending Homelessness plan annually; include and report upon performance measures in Local Ending Homelessness plans; and apply to the Washington State Quality Award Program if the jurisdiction receives $500,000 or more in state funding and certain surcharge revenue.
- Defines "unsheltered homeless" and includes this classification of homeless with the other specific homeless populations mentioned in the state and local homeless plan requirement sections and specifies that local task forces must establish guidelines for the timely housing of unsheltered homeless persons.
- Specifies that performance measures must be created by the state and local governments to address meeting the needs of all homeless populations.
The Senate Consumer Protection & Housing Committee referred E2SHB 1115 to Ways & Means on Thursday, February 28. It is not yet scheduled, but is expected to be prior to Monday’s cutoff.
Affordable Housing and Community Facilities Rapid Response Loan Program (EHB 3142)
EHB 3142 creates the Rapid Response Loan Program within the Department of Community, Trade & Economic Development to make low-interest (0-3 percent) loans and grants to eligible organizations, including cities, for the purpose of purchasing land or real property for affordable housing and community facility development. Any rental housing produced or acquired through this Rapid Response Loan Program must be preserved for at least 30 years. The Rapid Response Loan Fund is a revolving fund.
The Senate Consumer Protection & Housing Committee referred EHB 3142 to Ways & Means on Wednesday, February 27 where it is expected to be heard prior to Monday’s cutoff. AWC has been supportive of this measure as a means for assisting in the development of more affordable housing.
Providing Assistance to Homeless Families and Individuals (ESB 5959)
ESB 5959 was referred to Appropriations by the Housing Committee on Wednesday, February 27. This bill would do the following:
- Create the Affordable Housing for All program in CTED with a goal to ensure a decent, appropriate, and affordable home in a healthy, safe environment for every very low-income household by 2020.
- Require local governments receiving over $500,000 from certain housing-related funding sources to apply for an assessment of their quality management systems to the Washington State Quality Award (WSQA) program every three years.
- Direct the Housing Finance Commission (HFC) to give preference to applications of organizations who are committed to quality improvement and who have submitted an application to the WSQA program within the previous three years.
- Repeal RCW 59.18.600, which exempts landlords who rent to released offenders from liability from civil damages arising from tenant criminal conduct (under certain conditions).
- Create in statute the Transitional Housing Operating and Rent (THOR) program in CTED to assist individuals and families at risk of homelessness secure and retain housing.
AWC is supportive of this measure that extends the THOR program to assist individuals at risk of becoming homeless. Included in those eligible are ex-offenders who risk losing housing. Funding has been provided to CTED for this purpose.
|