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Any state agency, municipality, or political subdivision, with authority to dispose of surplus public property other than real 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.
Any state agency, municipality, or political subdivision with authority to dispose of surplus public real property may lease or sell such for a public benefit purpose, consistent with and subject to this section. Any sale or lease may be made to a public, private, or nongovernmental body on any mutually agreeable terms and conditions, including a lease for a nominal amount. Consideration must include appraisal costs, debt service, all closing costs, and any other liabilities to the agency, municipality, or political subdivision, and, in a sale, must be fair. However, the property may not be so sold or leasedif doing so would violate any bond covenant or encumber or impair any contract.
A deed, lease, or other instrument transferring or conveying property pursuant to subsection (2) 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 lease of surplus real property for a nominal amount 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:
For rental housing, 30 percent of the household's monthly income for rent and utilities, other than telephone; or
For permanently affordable homeownership, 38 percent of the household's monthly income for mortgage principal, interest, property taxes, homeowner's insurance, homeowner's association fees, and land lease fees, as applicable. In addition, total household debt is no more than 45 percent of the monthly household income;
"Public benefit" means affordable housing, which can be rental housing or permanently affordable homeownership for low-income and very low-income households as defined in RCW 43.63A.510, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons; and
"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.
A city may not transfer or sell real property owned by the city to a nongovernmental entity or individual without receiving fair market value or other equivalent compensation.
A code city may not transfer or sell real property owned by the code city to a nongovernmental entity or individual without receiving fair market value or other equivalent compensation.
A county may not transfer or sell real property owned by the county to a nongovernmental entity or individual without receiving fair market value or other equivalent compensation.