(1) It is the policy of this state
that in order to maintain an effective system of monitoring the
use of federal subsidies within the state, facilities within the
state proposed to be financed with bonds issued by an issuer
formed or organized under the laws of another state must receive
prior approval from the statewide issuer authorized by the laws
of Washington to issue bonds for the proposed project in
accordance with this section.
(2)(a) At least one hundred twenty days prior to the public
hearing for the proposed issuance of bonds for a project located
in this state by an issuer formed or organized under the laws of
another state, the issuer must notify the statewide issuer
authorized under the laws of Washington to issue bonds for the
proposed project and provide the information required under (b)
of this subsection.
(b) The following items and information must be received by
the statewide issuer authorized under the laws of Washington to
issue bonds for the proposed project:
(i) A copy of the proposed notice of public hearing
pertaining to the facilities, providing the date and location of
the proposed hearing;
(ii) The maximum stated principal amount of the bonds;
(iii) A description of the facility, including its location;
(iv) A description of the plan of finance;
(v) The name of the issuer of the bonds;
(vi) The name of the initial owner or principal user of the
facility;
(vii) A description of how the project will meet the public
policy requirements and objectives of this state including the
policies of the statewide issuer under Washington law; and
(viii) A check in the amount established by the statewide
issuer under Washington law to perform the review.
(c) If the statewide issuer authorized to issue the bonds
under Washington law determines that the facility and the items
and information submitted under (b) of this subsection are
consistent with the laws and public policy of the state and are
in the best interest of the state, then the statewide issuer
shall issue a written approval under this section authorizing the
governmental unit to grant its host approval of the public
hearing in its discretion.
(d) If the statewide issuer authorized to issue the bonds
under Washington law determines that the facility and the items
and information submitted under (b) of this subsection are not
consistent with the laws and public policy of the state and are
not in the best interest of the state, then the public hearing
may not proceed and the bonds may not be issued by an issuer
formed or organized under the laws of another state.
(3)(a) By December 1, 2011, annually each December 1st until
December 1, 2014, and December 1st every five years thereafter,
each statewide issuer receiving the notice required by subsection
(2) of this section from an issuer formed or organized under the
laws of another state shall, within existing funds, submit a
report to the appropriate committees of the legislature.
(b) Each report under (a) of this subsection must provide,
for annual reports the following information from the previous
fiscal year, and for other reports the following information from
each of the previous fiscal years:
(i) The number of proposed projects for which the statewide
issuer received notice and the information described under
subsection (2) of this section;
(ii) A description of the projects for which notice was
submitted;
(iii) The dollar amount of each proposed project;
(iv) The location of each proposed project;
(v) Whether the proposed project was approved by the
statewide issuer; and
(vi) For any project that was not approved by the statewide
issuer, the reasons for the statewide issuer's decision.
[2011 c 211 § 2.]