Any state agency, municipality, or political subdivision, with authority to dispose of surplus public property, may transfer, lease, or otherwise dispose of such property for a public benefit purpose, consistent with and subject to this section. Any such transfer, lease, or other disposal may be made to a public, private, or nongovernmental body on any mutually agreeable terms and conditions, including a no cost transfer, subject to and consistent with this section. Consideration must include appraisal costs, debt service, all closing costs, and any other liabilities to the agency, municipality, or political subdivision. However, the property may not be so transferred, leased, or disposed of if such transfer, lease, or disposal would violate any bond covenant or encumber or impair any contract.
A deed, lease, or other instrument transferring or conveying property pursuant to subsection (1) of this section must include:
A covenant or other requirement that the property shall be used for the designated public benefit purpose; and
Remedies that apply if the recipient of the property fails to use it for the designated public purpose or ceases to use it for such purpose.
To implement the authority granted by this section, the governing body or legislative authority of a municipality or political subdivision must enact rules to regulate the disposition of property for public benefit purposes. Any transfer, lease, or other disposition of property authorized under this section must be consistent with existing locally adopted comprehensive plans as described in RCW 36.70A.070.
This section is deemed to provide a discretionary alternative method for the doing of the things authorized herein, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in any state agency, municipality, or political subdivision.
No transfer, lease, or other disposition of property for public benefit purposes made pursuant to any other provision of law prior to June 7, 2018, may be construed to be invalid solely because the parties thereto did not comply with the procedures of this section.
The transfer at no cost, lease, or other disposal of surplus real property for public benefit purposes is deemed a lawful purpose of any state agency, municipality, or political subdivision, for which accounts are kept on an enterprise fund or equivalent basis, regardless of the primary purpose or function of such agency.
This section does not apply to the sale or transfer of any state forestlands, any state lands or property granted to the state by the federal government for the purposes of common schools or education, or subject to a legal restriction that would be violated by compliance with this section.
For purposes of this section:
"Affordable housing" means residential housing that is rented or owned by a person who qualifies as a very low-income or low-income household or who is from a special needs population, and whose monthly housing costs do not exceed:
For rental housing, 30 percent of the household's monthly income. For rental housing, monthly housing costs include utilities, other than a telephone; or
For owner-occupied housing, 38 percent of the household's monthly income and the total household debt is no more than 45 percent of the monthly household income. For owner-occupied housing, housing costs include mortgage principal, interest, property taxes, homeowner's insurance, homeowner's association fees, and land lease fees, as applicable. Total debt includes other debt and utilities;
"Low-income household" means a single person, family, or unrelated persons living together whose income is more than 50 percent but is at or below 80 percent of the median income where the affordable housing is located;
"Public benefit" means affordable housing for low-income and very low-income households , and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons;
"Surplus public property" means excess real property that is not required for the needs of or the discharge of the responsibilities of the state agency, municipality, or political subdivision**; and**
"Very low-income household" means a single person, family, or unrelated persons living together whose income is at or below 50 percent of the median income, adjusted for household size, for the county where the affordable housing is located.