Bill — Senate Bill 5324, Defense Community Compatibility Account (State of Washington, 2023)

Summary

Senate Bill 5324 of the 68th Legislature, 2023 Regular Session, State of Washington, relating to the defense community compatibility account. It is by request of Department of Commerce, was read first time January 12, 2023, and was referred to Committee on State Government & Elections. Section 1 amends RCW 43.330.515: expenditures from the account may only be used for grants to local governments, federally recognized Indian tribes, or entities with an agreement with a military installation. Section 2 amends RCW 43.330.520 to require the department to produce a biennial report on projects addressing incompatible developments near military installations, due by November 1, 2024, and every two years thereafter.

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Full text

     Z-0123.1

                                 SENATE BILL 5324


     State of Washington         68th Legislature     2023 Regular Session

     By Senators Conway, Nobles, Lovick, Fortunato, Hunt,           Wagoner,
     Randall, and C. Wilson; by request of Department of Commerce

     Read first time 01/12/23.   Referred to Committee on State Government
     & Elections.




 1       AN ACT Relating to the defense community compatibility account;
 2   and amending RCW 43.330.515 and 43.330.520.


 3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 4       Sec. 1.   RCW 43.330.515 and 2019 c 404 s 1 are each amended to
 5   read as follows:
 6       (1) The defense community compatibility account is created in the
 7   state treasury. Revenues to the account consist of appropriations by
 8   the legislature, private contributions, and all other sources
 9   deposited in the account.
10       (2)(a) Expenditures from the account may only be used for grants
11   to local governments, federally recognized Indian tribes, or entities
12   who have entered into an agreement with a military installation in
13   the state under the United States department of defense readiness and
14   environmental protection integration program for purposes of the
15   programs established in subsection (3) of this section, including
16   administrative   expenses.  Priority   must   be   given  for   grant
17   applications accompanied by express support from nonprofit community
18   or neighborhood-based organizations, public development authorities,
19   federally recognized Indian tribes in the state, or other community
20   partners. Only the director or the director's designee((,)) may
21   authorize expenditures. In order for the director or the director's
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 1   designee to authorize an expenditure for the purpose identified in
 2   subsection (3) of this section, both ((federal)) nonstate and
 3   applicant funds must be committed to the same purposes or project as
 4   the state expenditure.
 5       (b) An applicant must submit an application to the department in
 6   order to be eligible for funding under this subsection, and the
 7   department may not expend money on a project for which an applicant
 8   has not applied to the department to carry out the project.
 9       (3)(a) The department may expend moneys from the account to
10   provide state funds for capital projects identified by applicants to
11   address incompatible development connected to Washington state
12   military installations. For purposes of this section, "incompatible
13   development" includes land development and military operations that
14   impact the economy, environment, or quality of life opportunities for
15   local communities.
16       (b) The department must evaluate and rank applications using
17   objective criteria such as a community cost-benefit analysis, must
18   consider   recommendations  from   a   citizens   advisory commission
19   comprised of representatives of community stakeholders impacted by
20   military installations or their operations, must hold public hearings
21   at least ninety days prior to any funding decision, and may consider
22   the degree to which each project is compatible with the criteria
23   established in the United States department of defense's readiness
24   and environmental protection integration program.
25       (c) Eligible projects may include:
26       (i) Acquisition of real property or real property interests to
27   eliminate an existing incompatible use;
28       (ii) Projects to jointly assist in the recovery or protection of
29   endangered species dependent on military installation property for
30   habitat;
31       (iii) Projects ((or programs)) to increase the availability of
32   housing affordable to enlisted military personnel and nonmilitary
33   residents in the local community;
34       (iv) Projects to retrofit existing uses to increase their
35   compatibility with existing or future military operations;
36       (v) Projects to enable local communities heavily dependent on a
37   nearby military installation to diversify the local economy so as to
38   reduce the economic dependence on the military base;
39       (vi) Projects that aid communities to replace jobs lost in the
40   event of a reduction of the military presence; and
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 1       (vii) Projects that improve or enhance aspects of the local
 2   economy, environment, or quality of life impacted by the presence of
 3   military activities.
 4       (4) The department may adopt rules to implement this section.


 5       Sec. 2. RCW 43.330.520 and 2021 c 332 s 7039 are each amended to
 6   read as follows:
 7       (1) The department must produce a biennial report identifying a
 8   list of projects to address incompatible developments near military
 9   installations.
10       (a) The list must include a description of each project, the
11   estimated cost of the project, the amount of recommended state
12   funding, and the amount of any federal or local funds documented to
13   be available to be used for the project.
14       (b) Projects on the list must be prioritized with consideration
15   given to:
16       (i) The recommendations of the recent United States department of
17   defense base realignment and closure (BRAC) processes, joint land use
18   studies, or other federally initiated land use processes; and
19       (ii) Whether a branch of the United States armed forces has
20   identified the project as increasing the viability of military
21   installations for current or future missions.
22       (c) The department may consult with the commanders of United
23   States military installations in Washington to understand impacts and
24   identify the viability of community identified projects to reduce
25   incompatibility.
26       (2) The department must submit the report to appropriate
27   committees of the house of representatives and the senate, including
28   the joint committee on veterans' and military affairs and the house
29   of representatives capital budget committee, by ((January 1, 2020))
30   November 1, 2024, and every two years thereafter.
31       (((3) For the 2021-2023 fiscal biennium, the department shall
32   develop the report in subsection (2) of this section by November 1,
33   2022, rather than by January 1, 2022.))

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