reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.260 - Sustainable energy trust program.

RCW 43.180.260
Sustainable energy trust program.
(1) If economically feasible, the commission shall develop and implement a sustainable energy trust program to provide financing for qualified improvement projects. In developing the sustainable energy trust program, the commission shall establish eligibility criteria for financing that will enable it to choose eligible applicants who are likely to repay loans made or acquired by the commission and funded from the proceeds of commission bonds.
(2) The commission shall, if economically feasible:
(a) Issue bonds, as defined in RCW 43.180.020, for the purpose of financing loans for qualified energy efficiency and renewable energy improvement projects in accordance with RCW 43.180.150;
(b) Participate fully in federal and other governmental programs and take actions that are necessary and consistent with this chapter to secure to itself and the people of the state the benefits of programs to promote energy efficiency and renewable energy technologies;
(c) Contract with a certifying authority to accept applications for energy efficiency and renewable energy improvement projects, to review applications, including binding fixed price bids for the improvements, and to approve qualified improvements for financing by the commission. For solar electric systems, the certifying authority must use an application certification process similar to the investment cost recovery incentive application process provided under RCW 82.16.120. No work by a certifying authority may commence under this section until a request has been made by the commission; and
(d) Before entering into a contract with a certifying authority as defined in RCW 43.180.020(2)(b), consult with the Washington State University energy extension [extension energy] program to determine which potential improvement technologies are appropriate.
(3) No general fund resources may be expended to implement this section.
[ 2009 c 65 § 3.]
NOTES:
Intent—Finding—2009 c 65: See note following RCW 43.180.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.265 - Aviation biofuels facilities and production—Bond issuance—Financing powers—Definitions.

RCW 43.180.265
Aviation biofuels facilities and production—Bond issuance—Financing powers—Definitions.
(1) The commission may:
(a) Issue bonds for the purpose of financing all or part of the project costs of facilities that are primarily for the production, processing, or handling of aviation biofuels or for the production, processing, or handling of nonfossil biogenic feedstocks to be used in the production of aviation biofuels;
(b) Make or purchase loans for financing of these facilities; or
(c) Enter into financing documents relating to the repayment of those loans or the provision of, or security for, debt service on the bonds.
(2) In connection with the financing of project costs of facilities that are primarily for the production, processing, or handling of aviation biofuels, the commission may exercise the other powers granted the commission under this chapter, including the requirements under RCW 43.180.170 and 43.180.180.
(3) For the purposes of this section:
(a) "Aviation biofuels" means fuels for aviation from nonfossil biogenic feedstocks that meet the fuel quality technical standards of the American society for testing materials for aviation fuels and coproducts.
(b) "Facilities" means land, rights in land, buildings, structures, equipment, landscaping, utilities, approaches, roadways and parking, handling and storage areas, and similar ancillary facilities.
(c) "Financing document" means a lease, sublease, installment sale agreement, conditional sale agreement, loan agreement, mortgage, deed of trust guaranty agreement, or other agreement for the purpose of providing funds to pay or secure debt service on bonds.
(d) "Project costs" means costs of:
(i) Acquisition, construction, and improvement of any facilities included in a facility;
(ii) Architectural, engineering, consulting, accounting, and legal costs related directly to the development, financing, and construction of a facility, including costs of studies assessing the feasibility of a facility;
(iii) Finance costs, including discounts, if any, the costs of issuing bonds, and costs incurred in carrying out any trust agreement;
(iv) Interest during construction and during the six months after estimated completion of construction, and capitalized debt service or repair and replacement or other appropriate reserves;
(v) The refunding of any outstanding obligations incurred for any of the costs outlined in this subsection; and
(vi) Other costs incidental to any of the costs listed in this section.
[ 2012 c 63 § 3.]
NOTES:
Findings—Intent—2012 c 63: See note following RCW 43.157.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.290 - Beginning farmer financing program.

RCW 43.180.290
Beginning farmer financing program.
(1) The commission may develop and implement a program to provide financing for beginning farmers. In developing the program, the commission shall establish eligibility criteria for financing that will enable it to choose applicants who are likely to repay loans made or acquired by the commission and funded from the proceeds of commission bonds.
(2) The commission may:
(a) Issue revenue bonds as defined in RCW 43.180.020(1) for the purpose of financing loans to beginning farmers in accordance with RCW 43.180.150;
(b) Do all things necessary to provide for the exemption of interest on its bonds from federal income taxation; and
(c) Participate fully in federal and other governmental programs and take such actions as are necessary and consistent with this chapter to secure to itself and the people of the state the benefits of those programs for beginning farmers.
[ 2005 c 120 § 2.]
NOTES:
Findings—Purpose—2005 c 120: "The legislature finds that there are a significant number of people from both urban and rural areas of the state with the training, expertise, and interest in initiating a livelihood in farming but who lack the financial resources to get started. The legislature also finds that the average age of existing farmers is increasing, the number of full-time commercial farms is decreasing, and an increasing concern that there will be insufficient young people who have both the capability and interest to fulfill the needs for the next generation.
The legislature finds that there are a significant number of new small farms in the state and a significant enrollment in agricultural courses offered by public community colleges and universities and the beginning farmer program offered by Washington State University cooperative extension.
The purpose of this act is to establish a program to test the feasibility, interest, and results of a beginning farmer loan program." [ 2005 c 120 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.295 - Renewable energy systems—Report—Financing tool.

RCW 43.180.295
Renewable energy systems—Report—Financing tool.
(1) It is the intent of the legislature to investigate methods by which the state may establish or facilitate financing models that allow electric utilities in the state to maximize federal tax incentives and monetize the depreciation of renewable energy systems and other distributed energy assets, with the goal of providing improved access to the benefits of these assets to low and moderate-income households as well as broad system benefits to utility ratepayers and state taxpayers.
(2) By December 31, 2017, the commission must prepare and submit to the appropriate committees of the legislature a report that assesses financing tools or models for the aggregation, by public or private entities, of federal tax incentives and other financial benefits accruing from the installation, ownership, and operation of renewable energy systems and other distributed energy resources. The report must:
(a) Assess the legal, financial, and economic feasibility of one or more financing tools or models for the aggregation of federal tax incentives and other financial benefits accruing from the installation, ownership, and operation of renewable energy systems and other distributed energy resources;
(b) Consider the state and federal legal aspects of such a financing tool or model, including considerations of how to structure the role of the state or any subdivision of the state in a manner that is consistent with the Constitution of the state of Washington; and
(c) Describe any legislation that may be necessary to facilitate, implement, or create incentives for the private sector to implement such a financing tool or model within the state.
(3) Beginning July 1, 2018, the commission may implement a financing tool or model for the aggregation, by public or private entities, of federal tax incentives and other financial benefits accruing from the installation, ownership, and operation of renewable energy systems and other distributed energy resources if the commission determines that it is legally, financially, and economically feasible and that it would further the public policy goals set forth in subsection (1) of this section.
[ 2017 3rd sp.s. c 36 § 13.]
NOTES:
Findings—Intent—Effective date—2017 3rd sp.s. c 36: See notes following RCW 82.16.130.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.310 - Commission powers.

RCW 43.180.310
Commission powers.
The commission has the following powers with respect to nonprofit facilities together with all powers incidental thereto or necessary for the performance thereof:
(1) To make secured loans to nonprofit corporations for the purpose of providing temporary or permanent financing or refinancing of all or part of the project cost of any nonprofit facility, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the project costs of a nonprofit corporation; and to charge and collect interest on the loans for the loan payments upon such terms and conditions as its commissioners consider advisable which are not in conflict with this subchapter;
(2) To issue revenue bonds for the purpose of financing all or part of the project cost of any nonprofit facility and to secure the payment of the revenue bonds as provided in this subchapter;
(3) To collect fees or charges from users or prospective users of nonprofit facilities to recover actual or anticipated administrative costs;
(4) To execute financing documents incidental to the powers enumerated in this section;
(5) To accept grants and gifts;
(6) To establish such special funds with any financial institution providing fiduciary services within or without the state as it deems necessary and appropriate and invest money therein.
[ 1990 c 167 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.320 - Revenue bonds.

RCW 43.180.320
Revenue bonds.
(1) The proceeds of the revenue bonds of each issue shall be used solely for the purposes set forth in this subchapter and shall be disbursed in such manner and under such restrictions, if any, provided in the resolution authorizing the issuance of the revenue bonds or in the trust agreement securing the bonds. If the proceeds of the revenue bonds of any series issued with respect to the cost of any nonprofit facility exceeds the cost of the nonprofit facility for which issued, the surplus shall be deposited to the credit of the debt service fund for the revenue bonds or used to purchase the revenue bonds in the open market.
(2) The commission may issue interim notes in the manner provided for the issuance of revenue bonds to fund nonprofit facilities prior to issuing other revenue bonds to fund such facilities. The commission may issue revenue bonds to fund nonprofit facilities that are exchangeable for other revenue bonds, when these other revenue bonds are executed and available for delivery.
(3) The principal of and interest on any revenue bonds issued by the commission shall be secured by a pledge of unexpended bond proceeds and the revenues and receipts derived from the nonprofit facilities funded by the revenue bonds pursuant to financing documents. The resolution under which the revenue bonds are authorized to be issued and any financing document may contain agreements and provisions respecting the maintenance or use of the nonprofit facility covered thereby, the fixing and collection of rents, purchase price payments or loan payments, the creation and maintenance of special funds from such revenues or from revenue bond proceeds, the rights and remedies available in the event of default, and other provisions relating to the security for the bonds, all as the commission considers advisable which are not in conflict with this subchapter.
(4) All revenue bonds issued under this subchapter and any interest coupons applicable thereto are negotiable instruments within the meaning of Article 8 of the uniform commercial code, Title 62A RCW, regardless of form or character.
(5) Notwithstanding subsection (1) of this section, such bonds and interim notes may be issued and sold in accordance with chapter 39.46 RCW.
[ 1990 c 167 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.330 - Revenue refunding bonds.

RCW 43.180.330
Revenue refunding bonds.
The commission may provide by resolution for the issuance of revenue refunding bonds for the purpose of refunding any obligations issued for a nonprofit facility, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption or maturity of the revenue bonds and, if considered advisable by the commission, for the additional purpose of financing improvements, extensions, or enlargements to the nonprofit facility for another nonprofit facility. The issuance of the revenue refunding bonds, the maturities and other details thereof, the rights of the owners thereof, and the rights, duties, and obligations of the commission in respect to the same shall be governed by this chapter insofar as applicable.
[ 1990 c 167 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.340 - Trust agreements.

RCW 43.180.340
Trust agreements.
Any bonds issued under this subchapter may be secured by a trust agreement between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may evidence a pledge or assignment of the financing documents and lease, sale, or loan revenues to be received from a lessee or purchaser of or borrower with respect to a nonprofit facility for the payment of principal of and interest and any premium on the bonds as the same shall become due and payable and may provide for creation and maintenance of reserves for these purposes. A trust agreement or resolution providing for the issuance of the revenue bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondowners as may be reasonable and proper and not in violation of law, including covenants setting forth the duties in relation to the acquisition of property and the construction, improvement, maintenance, use, repair, operation, and insurance of the nonprofit facility for which the bonds are authorized, and the custody, safeguarding, and application of all money. Any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of revenue bonds or of revenues may furnish such indemnifying bonds or pledge such securities as may be required by the commission. A trust agreement may set forth the rights and remedies of the bondowners and of the trustee and may restrict the individual right of action by bondowners as is customary in trust agreements or trust indentures securing bonds and debentures of private corporations. In addition, a trust agreement may contain such provisions as the commission considers reasonable and proper for the security of the bondowners which are not in conflict with this subchapter.
[ 1990 c 167 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.350 - Lessees or assignees.

RCW 43.180.350
Lessees or assignees.
A lessee or contracting party under a sale contract or loan agreement shall not be required to be the eventual user of a nonprofit facility if any sublessee or assignee assumes all of the obligations of the lessee or contracting party under the lease, sale contract, or loan agreement, but the lessee or contracting party or their successors shall remain primarily liable for all of its obligations under the lease, sale contract, or loan agreement and the use of the nonprofit facility shall be consistent with the purposes of this subchapter.
[ 1990 c 167 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.360 - Default.

RCW 43.180.360
Default.
The proceedings authorizing any revenue bonds under this subchapter or any financing document securing the revenue bonds may provide that if there is a default in the payment of the principal of or the interest on the bonds or in the performance of any agreement contained in the proceedings or financing document, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect rents, purchase price payments, and loan repayments, and to apply the revenues from the nonprofit facility in accordance with the proceedings or provisions of the financing document. Any financing document entered into under this subchapter may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the financing document, the nonprofit facility may be foreclosed and sold under proceedings in equity or in any other manner now or hereafter permitted by law. Any financing document may also provide that any trustee under the financing document or the holder of any revenue bonds secured thereby may become the purchaser at any foreclosure sale if it is the highest bidder.
[ 1990 c 167 § 8.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.900 - Conflict with federal requirements.

RCW 43.180.900
Conflict with federal requirements.
If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1983 c 161 § 21.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.902 - Captions not part of law.

RCW 43.180.902
Captions not part of law.
As used in this chapter and RCW 82.04.408, section captions constitute no part of the law.
[ 1983 c 161 § 24.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.904 - Effective dates—1983 c 161.

RCW 43.180.904
Effective dates—1983 c 161.
(1) Except as provided in subsection (2) of this section, this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 10 of this act shall take effect on January 1, 1984.
[ 1983 c 161 § 32.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.180 - Housing Finance Commission. › 43.180.905 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 43.180.905
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 109.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.181 - Covenant Homeownership Program. › 43.181.020 - Covenant homeownership account.

RCW 43.181.020
Covenant homeownership account.
The covenant homeownership account is created in the state treasury. All receipts from the assessment established in RCW 36.22.185 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only for the purposes of the program described in RCW 43.181.040. The legislature may appropriate moneys in the account as follows:
(1) The legislature may appropriate up to one percent of moneys in the account to the department for costs related to the program described in RCW 43.181.040 including, but not limited to, costs related to administering one or more contracts with the commission for purposes of the program, costs related to outreach and stakeholder engagement, costs related to reimbursing the department of financial institutions for its costs related to the oversight committee created in RCW 43.181.050, and other administrative, data collection, and reporting costs; and
(2) The legislature may appropriate the remainder of the moneys in the account to the department to contract with the commission for the purposes of the program described in RCW 43.181.040.
[ 2023 c 340 § 4.]
NOTES:
Severability—Effect on moneys in account—2023 c 340: "(1) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
(2) In addition, if the covenant homeownership program described in section 6 of this act is held invalid, in whole or in part, the legislature may appropriate moneys in the covenant homeownership account to the department of commerce to contract with the Washington state housing finance commission for one or more other programs that support homeownership for first-time home buyers." [ 2023 c 340 § 15.]
Short title—Conflict with federal requirements—2023 c 340: See notes following RCW 43.181.040.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.005 - Findings.

RCW 43.185A.005
Findings.
The legislature finds that current economic conditions, federal housing policies and declining resources at the federal, state, and local level adversely affect the ability of low and very low-income persons to obtain safe, decent, and affordable housing.
The legislature further finds that members of over 150,000 households pay more than 50 percent of their income for rent and housing costs.
The legislature further finds that minorities, rural households, and migrant farmworkers require housing assistance at a rate which significantly exceeds their proportion of the general population.
The legislature further finds that one of the most dramatic housing needs is that of persons needing special housing-related services, such as individuals with mental illness, recovering alcoholics, frail elderly persons, families with members who have disabilities, and single parents. These services include medical assistance, counseling, chore services, and child care.
The legislature further finds that state investments in affordable housing, as enabled by the legislature in 1986, have exceeded $1,800,000,000 to provide over 55,000 units of safe and affordable housing to low-income individuals.
[ 2023 c 275 § 1; 1991 c 356 § 1; 1986 c 298 § 1. Formerly RCW 43.185.010.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.010 - Definitions.

RCW 43.185A.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Affordable housing" means residential housing for rental occupancy which, as long as the same is occupied by low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty percent of the household's income. The department must adopt policies for residential homeownership housing, occupied by low-income households, which specify the percentage of family income that may be spent on monthly housing costs, including utilities other than telephone, to qualify as affordable housing.
(2) "Contracted amount" means the aggregate amount of all state funding for which the department has monitoring and compliance responsibility.
(3) "Department" means the department of commerce.
(4) "Director" means the director of the department of commerce.
(5) "First-time homebuyer" means:
(a) An individual or the individual's spouse who has had no ownership in a principal residence during the three-year period ending on the date of purchase of the property;
(b) A single parent who has only owned a home with a former spouse while married;
(c) An individual who is a displaced homemaker as defined in 24 C.F.R. Sec. 93.2 as it exists on July 23, 2023, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, and has only owned a home with a spouse;
(d) An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; or
(e) An individual who has only owned a property that is determined by a licensed building inspector as being uninhabitable.
(6) "Low-income household" means a single person, family or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the project is located.
[ 2023 c 275 § 7; 2013 c 145 § 4; 2009 c 565 § 38; 2008 c 6 § 301; 2000 c 255 § 9; 1995 c 399 § 102; 1991 c 356 § 10.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective date—2000 c 255: See RCW 59.28.902.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.020 - Affordable housing program—Purpose—Input.

RCW 43.185A.020
Affordable housing program—Purpose—Input.
The affordable housing program is created in the department for the purpose of developing and preserving affordable housing and coordinating public and private resources targeted to meet the affordable housing needs of low-income households in the state of Washington. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020.
[ 2023 c 275 § 8; 1995 c 399 § 103; 1993 c 478 § 16; 1991 c 356 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.040 - Eligible organizations.

RCW 43.185A.040
Eligible organizations.
Organizations that may receive assistance from the department under this chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or statewide nonprofit housing assistance organizations.
Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
[ 1994 c 160 § 4; 1991 c 356 § 13.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.060 - Protection of state interest.

RCW 43.185A.060
Protection of state interest.
The department shall adopt policies to ensure that the state's interest will be protected upon either the sale or change of use of projects financed in whole or in part under RCW 43.185A.140(4). These policies may include, but are not limited to: (1) Requiring payment to the state of a share of the appreciation in the project in proportion to the state's contribution to the project; (2) requiring a lump-sum repayment of the loan or grant upon the sale or change of use of the project; or (3) requiring a deferred payment of principal or principal and interest on loans after a specified time period. The policies must require projects to remain as affordable housing for a minimum of 40 years except for projects that provide homes for low-income first-time home buyers, which must remain affordable for a minimum of 25 years.
[ 2023 c 275 § 9; 1991 c 356 § 15.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.070 - Monitor recipient activities.

RCW 43.185A.070
Monitor recipient activities.
(1) To the extent funds are appropriated for this purpose, the director shall monitor the activities of recipients of grants and loans under this chapter to determine compliance with the terms and conditions set forth in its application or stated by the department in connection with the grant or loan.
(2) Personally identifiable information of occupants or prospective tenants of affordable housing or the street address of the residential real property occupied or applied for by tenants or prospective tenants of affordable housing, obtained by the department of commerce during monitoring activities or contract administration are exempt from inspection and copying under RCW 42.56.395.
[ 2023 c 275 § 10; 1991 c 356 § 16.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.130 - Washington housing trust fund.

RCW 43.185A.130
Washington housing trust fund.
There is hereby created in the state treasury an account to be known as the Washington housing trust fund. The housing trust fund shall include revenue from the sources established by this chapter, appropriations by the legislature, private contributions, repayment of loans, and all other sources.
[ 2023 c 275 § 2; 2016 sp.s. c 36 § 936; 1991 sp.s. c 13 § 87; 1991 c 356 § 3; 1987 c 513 § 6; 1986 c 298 § 2. Formerly RCW 43.185.030.]
NOTES:
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date—Severability—1987 c 513: See notes following RCW 18.85.285.
Distribution of interest from real estate brokers' trust accounts: RCW 18.85.285.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.160 - Remittances from real estate broker trust account interest—Grant and loan applications.

RCW 43.185A.160
Remittances from real estate broker trust account interest—Grant and loan applications.
The director shall designate grant and loan applications for approval and for funding under the revenue from remittances made pursuant to RCW 18.85.285.
[ 2023 c 275 § 5; 1987 c 513 § 11. Formerly RCW 43.185.074, 18.85.505.]
NOTES:
Effective date—Severability—1987 c 513: See notes following RCW 18.85.285.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.170 - Preconstruction technical assistance.

RCW 43.185A.170
Preconstruction technical assistance.
(1) The department may use moneys from the housing trust fund and other legislative appropriations, to provide preconstruction technical assistance to eligible recipients seeking to construct, rehabilitate, or finance housing-related services for very low and low-income persons. The department shall emphasize providing preconstruction technical assistance services to rural areas and small cities and towns, to nonprofits serving marginalized communities without a history of receiving housing trust fund or other affordable housing investments, and to other nonprofit community organizations led by and for black, indigenous, and persons of color. The department may contract with private and nonprofit organizations to provide this technical assistance. The department may contract for any of the following services:
(a) Financial planning and packaging for housing projects, including alternative ownership programs, such as limited equity partnerships and syndications;
(b) Project design, architectural planning, and siting;
(c) Compliance with planning requirements;
(d) Securing matching resources for project development;
(e) Maximizing local government contributions to project development in the form of land donations, infrastructure improvements, waivers of development fees, locally and state-managed funds, zoning variances, or creative local planning;
(f) Coordination with local planning, economic development, and environmental, social service, and recreational activities;
(g) Construction and materials management; and
(h) Project maintenance and management.
(2) The department shall publish requests for proposals which specify contract performance standards, award criteria, and contractor requirements. In evaluating proposals, the department shall consider the ability of the contractor to provide technical assistance to low and very low-income persons and to persons with special housing needs.
[ 2023 c 275 § 6; 1991 c 356 § 6; 1986 c 298 § 9. Formerly RCW 43.185.080.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.180 - Grants and loans for major building improvements, preservation repairs, and system replacements.

RCW 43.185A.180
Grants and loans for major building improvements, preservation repairs, and system replacements.
(1) In order to maintain the long-term viability of affordable housing, using funding from the housing trust fund account established under RCW 43.185A.130 or from other legislative appropriations, the department may make competitive grant or loan awards to projects in need of major building improvements, preservation repairs, or system replacements.
(2) The department must solicit and review applications and evaluate projects based on the following criteria:
(a) The age of the property, with priority given to buildings that are more than 15 years old;
(b) The population served, with priority given to projects serving persons or families with the lowest incomes;
(c) The degree to which the applicant demonstrates that the improvements will result in a reduction of operating or utility costs, or both;
(d) The potential for additional years added to the affordability commitment period of the property; and
(e) Other criteria that the department considers necessary to achieve the purpose of the housing trust fund program.
(3) The department must require an award recipient to submit a property capital needs assessment, in a form acceptable to the department, prior to contract execution.
[ 2023 c 275 § 12.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.190 - Reports—Cost data.

RCW 43.185A.190
Reports—Cost data.
(1) The department must report on its website on an annual basis, for each funding cycle:
(a) The number of homeownership and multifamily rental projects funded;
(b) The percentage of funding allocated to homeownership and multifamily rental projects; and
(c) For both homeownership and multifamily rental projects, the total number of households being served at up to 80 percent of the area median income, up to 50 percent of the area median income, and up to 30 percent of the area median income.
(2) All housing trust fund loan or grant recipients, except for those receiving preservation awards under RCW 43.185A.180, must provide certified final development cost reports to the department in a form acceptable to the department. The department must use the certified final development cost reports data as part of its cost containment policy and to report to the legislature. Beginning December 1, 2023, and continuing every odd-numbered year, the department must provide the appropriate committees of the legislature with a report of its final cost data for each project funded through the housing trust fund. Such cost data must, at a minimum, include:
(a) Total development cost per unit for each project completed within the past two complete fiscal years; and
(b) Descriptive statistics such as average and median per unit costs, regional cost variation, and other costs that the department deems necessary to improve cost controls and enhance understanding of development costs.
(3) The department must coordinate with the housing finance commission to identify relevant development costs data and ensure that the measures are consistent across relevant agencies.
[ 2023 c 275 § 13.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185A - Affordable Housing Program. › 43.185A.902 - Conflict with federal requirements—1991 c 356.

RCW 43.185A.902
Conflict with federal requirements—1991 c 356.
If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1991 c 356 § 19.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185B - Washington Housing Policy Act. › 43.185B.005 - Finding.

RCW 43.185B.005
Finding.
(1) The legislature finds that:
(a) Housing is of vital statewide importance to the health, safety, and welfare of the residents of the state;
(b) Reducing homelessness and moving individuals and families toward stable, affordable housing is of vital statewide importance;
(c) Safe, affordable housing is an essential factor in stabilizing communities;
(d) Residents must have a choice of housing opportunities within the community where they choose to live;
(e) Housing markets are linked to a healthy economy and can contribute to the state's economy;
(f) Land supply is a major contributor to the cost of housing;
(g) Housing must be an integral component of any comprehensive community and economic development strategy;
(h) State and local government must continue working cooperatively toward the enhancement of increased housing units by reviewing, updating, and removing conflicting regulatory language;
(i) State and local government should work together in developing creative ways to reduce the shortage of housing;
(j) The lack of a coordinated state housing policy inhibits the effective delivery of housing for some of the state's most vulnerable citizens and those with limited incomes; and
(k) It is in the public interest to adopt a statement of housing policy objectives.
(2) The legislature declares that the purposes of the Washington housing policy act are to:
(a) Provide policy direction to the public and private sectors in their attempt to meet the shelter needs of Washington residents;
(b) Reevaluate housing and housing-related programs and policies in order to ensure proper coordination of those programs and policies to meet the housing needs of Washington residents;
(c) Improve the delivery of state services and assistance to very low-income and low-income households and special needs populations;
(d) Strengthen partnerships among all levels of government, and the public and private sectors, including for-profit and nonprofit organizations, in the production and operation of housing to targeted populations including low-income and moderate-income households;
(e) Increase the supply of housing for persons with special needs;
(f) Encourage collaborative planning with social service providers;
(g) Encourage financial institutions to increase residential mortgage lending; and
(h) Coordinate housing into comprehensive community and economic development strategies at the state and local level.
[ 2005 c 484 § 22; 1993 c 478 § 1.]
NOTES:
Findings—Conflict with federal requirements—Effective date—2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Persons with handicaps: RCW 35.63.220, 35A.63.240, 36.70.990, 36.70A.410.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185B - Washington Housing Policy Act. › 43.185B.007 - Goal.

RCW 43.185B.007
Goal.
It is the goal of the state of Washington to coordinate, encourage, and direct, when necessary, the efforts of the public and private sectors of the state and to cooperate and participate, when necessary, in the attainment of a decent home in a healthy, safe environment for every resident of the state. The legislature declares that attainment of that goal is a state priority.
[ 1993 c 478 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185B - Washington Housing Policy Act. › 43.185B.009 - Objectives.

RCW 43.185B.009
Objectives.
The objectives of the Washington housing policy act shall be to attain the state's goal of a decent home in a healthy, safe environment for every resident of the state by strengthening public and private institutions that are able to:
(1) Develop an adequate and affordable supply of housing for all economic segments of the population, including the destitute;
(2) Identify and reduce the causal factors preventing the state from reaching its goal;
(3) Assist very low-income and special needs households who cannot obtain affordable, safe, and adequate housing in the private market;
(4) Encourage and maintain homeownership opportunities;
(5) Reduce life-cycle housing costs while preserving public health and safety;
(6) Preserve the supply of existing affordable housing;
(7) Provide housing for special needs populations;
(8) Ensure fair and equal access to the housing market;
(9) Increase the availability of mortgage credit at low interest rates; and
(10) Coordinate and be consistent with the goals, objectives, and required housing element of the comprehensive plan in the state's growth management act in RCW 36.70A.070.
[ 2005 c 484 § 23; 1993 c 478 § 3.]
NOTES:
Findings—Conflict with federal requirements—Effective date—2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185B - Washington Housing Policy Act. › 43.185B.010 - Definitions.

RCW 43.185B.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Affordable housing" means residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty percent of the household's monthly income.
(2) "Department" means the department of commerce.
(3) "Director" means the director of commerce.
(4) "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 very low-income, low-income, or moderate-income households and special needs populations.
(5) "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 or local government in connection with its strategy under section 105(b)(4) of the Cranston-Gonzalez national affordable housing act (42 U.S.C. 12701 et seq.).
(6) "Tenant-based organization" means a nonprofit organization whose governing body includes a majority of members who reside in the housing development and are considered low-income households.
[ 2009 c 565 § 39; 1995 c 399 § 104; 1993 c 478 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.185B - Washington Housing Policy Act. › 43.185B.030 - Affordable housing advisory board—Duties.

RCW 43.185B.030
Affordable housing advisory board—Duties.
The affordable housing advisory board shall:
(1) Analyze those solutions and programs that could begin to address the state's need for housing that is affordable for all economic segments of the state, and special needs populations, including but not limited to programs or proposals which provide for:
(a) Financing for the acquisition, rehabilitation, preservation, or construction of housing;
(b) Use of publicly owned land and buildings as sites for affordable housing;
(c) Coordination of state initiatives with federal initiatives and financing programs that are referenced in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as amended, and development of an approved housing strategy as required in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as amended;
(d) Identification and removal, where appropriate and not detrimental to the public health and safety, or environment, of state and local regulatory barriers to the development and placement of affordable housing;
(e) Stimulating public and private sector cooperation in the development of affordable housing; and
(f) Development of solutions and programs affecting housing, including the equitable geographic distribution of housing for all economic segments, as the advisory board deems necessary;
(2) Consider both homeownership and rental housing as viable options for the provision of housing. The advisory board shall give consideration to various types of residential construction and innovative housing options, including but not limited to manufactured housing;
(3) Review, evaluate, and make recommendations regarding existing and proposed housing programs and initiatives including but not limited to tax policies, land use policies, and financing programs. The advisory board shall provide recommendations to the director, along with the department's response in the annual housing report to the legislature required in RCW 43.185B.040; and
(4) Prepare and submit to the director, by each December 1st, beginning December 1, 1993, a report detailing its findings and make specific program, legislative, and funding recommendations and any other recommendations it deems appropriate.
[ 1993 c 478 § 6.]