BP BHEAD INT H [atlas:bill]

AN ACT Relating to the transportation infrastructure financing act; amending RCW 82.03.130; adding a new section to chapter 84.55 RCW; adding a new chapter to Title 47 RCW; and repealing RCW 39.88.010, 39.88.020, 39.88.030, 39.88.040, 39.88.050, 39.88.060, 39.88.070, 39.88.080, 39.88.090, 39.88.100, 39.88.110, 39.88.120, 39.88.130, 39.88.900, 39.88.905, 39.88.910, 39.88.915, and 84.55.080.

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

NEW SECTION. Sec. 1. It is declared to be the public policy of the state of Washington to encourage and facilitate the improvement of transportation infrastructure. The construction of necessary transportation improvements in accordance with local community planning will encourage investment in job-producing economic development and will expand the public tax base.

It is the purpose of this chapter to allocate a portion of regular property taxes for limited periods of time to assist in the financing of transportation improvements which are needed to encourage economic development of urban areas; to improve transportation mobility in congested urban areas due to the inability of existing financing methods to provide needed transportation improvements; to encourage local taxing districts to cooperate in the allocation of future tax revenues arising in urban areas in order to facilitate the long-term growth of their common tax base; and to encourage private investment within congested urban areas.

NEW SECTION. Sec. 2. As used in this chapter the following terms have the following meanings unless a different meaning is clearly indicated by the context.

(1) "Apportionment district" means the geographic area, within an urban area, from which regular property taxes are to be apportioned to finance a transportation improvement contained therein.

(2) "Assessed value of real property" means the valuation of real property as placed on the last completed assessment roll of the county.

(3) "City" means any city or town.

(4) "Ordinance" means any appropriate method of taking a legislative action by a county or city, whether known as a statute, resolution, ordinance, or otherwise.

(5) "Transportation improvement" means an undertaking to provide transportation facilities in an urban area which the sponsor has authority to provide.

(6) "Transportation improvement costs" means the costs of design, planning, right of way acquisition, site preparation, construction, reconstruction, rehabilitation, maintenance, preservation, and installation of the transportation improvement; costs of relocation, maintenance, and operation of property pending construction of the transportation improvement; costs of utilities relocated as a result of the transportation improvement; costs of financing, including interest during construction, legal and other professional services, taxes, and insurance; costs incurred by the assessor to revalue real property for the purpose of determining the tax allocation base value that are in excess of costs incurred by the assessor in accordance with his revaluation plan under chapter 84.41 RCW, and the costs of apportioning the taxes and complying with this chapter and other applicable law; and administrative costs reasonably necessary and related to these costs. These costs may include costs incurred prior to the adoption of the transportation improvement ordinance, but subsequent to the effective date of this section.

(7) "Transportation improvement ordinance" means the ordinance passed under section 4(4) of this act.

(8) "Regular property taxes" means regular property taxes as now or hereafter defined in RCW 84.04.140, except: (a) Regular property taxes levied by port districts or public utility districts specifically for the purpose of making required payments of principal and interest on general indebtedness; and (b) regular property taxes levied by the state for the support of the common schools under RCW 84.52.065.

(9) "Sponsor" means the legislative authority of any county or city initiating and undertaking a transportation improvement.

(10) "Tax allocation base value of real property" means the true and fair value of real property within an apportionment district for the year in which the apportionment district was established.

(11) "Tax allocation bonds" means any bonds, notes, or other obligations issued by a sponsor under section 10 of this act.

(12) "Tax allocation revenues" means those tax revenues allocated to a sponsor under section 7(1)(b) of this act.

(13) "Taxing districts" means any governmental entity which levies or has levied for it regular property taxes upon real property located within a proposed or approved apportionment district.

(14) "Vacant land" means land that is not used for any purpose. "Vacant land" does not include paved or unpaved revenue-generating motor vehicle parking lots.

(15) "Value of taxable property" means value of taxable property as defined in RCW 39.36.015.

(16) "Urban area" means an urban growth area designated under RCW 36.70A.110, a new fully contained community designated under RCW 36.70A.350, a major industrial development designated under RCW 36.70A.365, or a master planned location for major industrial developments designated under RCW 36.70A.367.

NEW SECTION. Sec. 3. (1) Only transportation improvements which are determined by the legislative authority of the sponsor to meet the following criteria are eligible to be financed under this chapter:

(a) The transportation improvement is located within an urban area;

(b) The transportation improvement will stimulate economic development within the apportionment district;

(c) The economic development within the apportionment district will increase the assessed value of the apportionment district;

(d) The economic development which is anticipated to occur within the apportionment district as a result of the transportation improvement is consistent with an existing comprehensive land use plan and approved growth policies of the jurisdiction within which it is located;

(e) A transportation improvement located within a city has been approved by the legislative authority of such city; and

(f) A transportation improvement located within an urban area in an unincorporated area has been approved by the legislative authority of the county within whose boundaries the area lies.

(2) Apportionment of regular property tax revenues to finance the transportation improvements is subject to the following limitations:

(a) No apportionment of regular property tax revenues may take place within a previously established apportionment district where regular property taxes are still apportioned to finance public or transportation improvements without the concurrence of the sponsor which established the district;

(b) No apportionment district may be established which includes any geographic area included within a previously established apportionment district which has outstanding bonds payable in whole or in part from tax allocation revenues;

(c) The total amount of outstanding bonds payable in whole or in part from tax allocation revenues arising from property located within a city shall not exceed two percent of the value of taxable property within the city, and the total amount of outstanding bonds payable in whole or in part from tax allocation revenues arising from property located within the unincorporated areas of a county shall not exceed two percent of the value of taxable property within the entire unincorporated area of the county; and

(d) No taxes other than regular property taxes may be apportioned under this chapter.

(3) Transportation improvements may be undertaken and coordinated with other programs or efforts undertaken by the sponsor or others and may be funded in whole or in part from sources other than those provided by this chapter.

NEW SECTION. Sec. 4. Transportation improvements funded by tax allocation revenues may only be located within an urban area. In order to secure an allocation of regular property taxes to finance a transportation improvement, a sponsor shall:

(1) Propose by ordinance a plan for the transportation improvement which includes a description of the contemplated transportation improvement, the estimated cost thereof, the boundaries of the apportionment district, the estimated period during which tax revenue apportionment is contemplated, and the ways in which the sponsor plans to use tax allocation revenues to finance the transportation improvement, and which sets at least three public hearings thereon before the legislative authority of the sponsor or a committee thereof: PROVIDED, That public hearings for the transportation improvement that is undertaken in combination or coordination by two or more sponsors may be held jointly; and public hearings, held before the legislative authority or a committee of a majority thereof may be combined with public hearings held for other purposes;

(2) At least fifteen days in advance of the hearing:

(a) Deliver notice of the hearing to all taxing districts, the county treasurer, and the county assessor, which notice includes a map or drawing showing the location of the contemplated transportation improvement and the boundaries of the proposed apportionment district, a brief description of the transportation improvement, the estimated cost thereof, the anticipated increase in property values within the apportionment district, the location of the sponsor's principal business office where it will maintain information concerning the transportation improvement for public inspection, and the date and place of hearing; and

(b) Post notice in at least six public places located in the proposed apportionment district and publish notice in a legal newspaper of general circulation within the sponsor's jurisdiction briefly describing the transportation improvement, the proposed apportionment, the boundaries of the proposed apportionment district, the location where additional information concerning the transportation improvement may be inspected, and the date and place of hearing;

(3) At the time and place fixed for the hearing under subsection (1) of this section, and at such times to which the hearing may be adjourned, receive and consider all statements and materials as may be submitted, and objections and letters filed before or within ten days thereafter;

(4) Within one hundred twenty days after completion of the public hearings, pass an ordinance establishing the apportionment district and authorizing the proposed transportation improvement, including any modifications which in the sponsor's opinion the hearings indicated should be made, which includes the boundaries of the apportionment district, a description of the transportation improvement, the estimated cost thereof, the portion of the estimated cost thereof to be reimbursed from tax allocation revenues, the estimated time during which regular property taxes are to be apportioned, the date upon which apportionment of the regular property taxes will commence, and a finding that the transportation improvement meets the conditions of section 3 of this act.

NEW SECTION. Sec. 5. Within fifteen days after enactment of the public improvement ordinance, the sponsor shall publish notice in a legal newspaper circulated within the designated apportionment district summarizing the final transportation improvement, including a brief description of the transportation improvement, the boundaries of the apportionment district, and the location where the transportation improvement ordinance and any other information concerning the transportation improvement may be inspected.

Within fifteen days after enactment of the transportation improvement ordinance, the sponsor shall deliver a certified copy thereof to each taxing district, the county treasurer, and the county assessor.

NEW SECTION. Sec. 6. (1) Any taxing district that objects to the apportionment district, the duration of the apportionment, the manner of apportionment, or the propriety of cost items established by the transportation improvement ordinance of the sponsor may, within thirty days after mailing of the ordinance, petition for review thereof by the state board of tax appeals. The state board of tax appeals shall meet within a reasonable time, hear all the evidence presented by the parties on matters in dispute, and determine the issues upon the evidence as may be presented to it at the hearing. The board may approve or deny the transportation improvement ordinance as enacted or may grant approval conditioned upon modification of the ordinance by the sponsor. The decision by the state board of tax appeals shall be final and conclusive but shall not preclude modification or discontinuation of the transportation improvement.

(2) If the sponsor modifies the transportation improvement ordinance as directed by the board, the transportation improvement ordinance shall be effective without further hearings or findings and shall not be subject to any further appeal. If the sponsor modifies the transportation improvement ordinance in a manner other than as directed by the board, the transportation improvement ordinance shall be subject to the procedures established under sections 4 and 5 of this act.

NEW SECTION. Sec. 7. (1) Upon the date established in the transportation improvement ordinance, but not sooner than the first day of the calendar year following the passage of the ordinance, the regular property taxes levied upon the assessed value of real property within the apportionment district shall be divided as follows:

(a) That portion of the regular property taxes produced by the rate of tax levied each year by or for each of the taxing districts upon the tax allocation base value of real property, or upon the assessed value of real property in each year, whichever is smaller, shall be allocated to and paid to the respective taxing districts; and

(b) That portion of the regular property taxes levied each year by or for each of the taxing districts upon the assessed value of real property within an apportionment district which is in excess of the tax allocation base value of real property shall be allocated and paid to the sponsor, or the sponsor's designated agent, until all transportation improvement costs to be paid from the tax allocation revenues have been paid, except that the sponsor may agree to receive less than the full amount of such portion as long as bond debt service, reserve, and other bond covenant requirements are satisfied, in which case the balance of the taxes shall be allocated to the respective taxing districts as the sponsor and the taxing districts may agree.

(2) The county assessor shall revalue the real property within the apportionment district for the purpose of determining the tax allocation base value for the apportionment district and shall certify to the sponsor the tax allocation base value as soon as practicable after the assessor receives notice of the transportation improvement ordinance and shall certify to the sponsor the total assessed value of real property within thirty days after the property values for each succeeding year have been established. Nothing in this section authorizes revaluations of real property by the assessor for property taxation that are not made in accordance with the assessor's revaluation plan under chapter 84.41 RCW.

(3) The date upon which the apportionment district was established shall be considered the date upon which the transportation improvement ordinance was enacted by the sponsor.

(4) The apportionment of regular property taxes under this section shall cease when tax allocation revenues are no longer necessary or obligated to pay transportation improvement costs or to pay principal of and interest on bonds issued to finance transportation improvement costs and payable in whole or in part from tax allocation revenues. At the time of termination of the apportionment, any excess money and any earnings thereon held by the sponsor shall be returned to the county treasurer and distributed to the taxing districts which were subject to the allocation in proportion to their regular property tax levies due for the year in which the funds are returned.

NEW SECTION. Sec. 8. Tax allocation revenues may be applied as follows:

(1) To pay transportation improvement costs;

(2) To pay principal of and interest on, and to fund any necessary reserves for, tax allocation bonds;

(3) To pay into bond funds established to pay the principal of and interest on general obligation bonds issued pursuant to law to finance transportation facilities that are specified in the transportation improvement ordinance and constructed following the establishment of and within the apportionment district; or

(4) To pay any combination of the foregoing.

NEW SECTION. Sec. 9. General obligation bonds which are issued to finance transportation facilities that are specified in the transportation improvement ordinance, and for which part or all of the principal or interest is paid by tax allocation revenues, shall be subject to the following requirements:

(1) The intent to issue such bonds and the maximum amount which the sponsor contemplates issuing are specified in the transportation improvement ordinance; and

(2) A statement of the intent of the sponsor to issue such bonds is included in all notices required by sections 4 and 5 of this act.

In addition, the ordinance or resolution authorizing the issuance of such general obligation bonds shall be subject to potential referendum approval by the voters of the issuing entity when the bonds are part of the nonvoter approved indebtedness limitation established under RCW 39.36.020. If the voters of the county or city issuing such bonds otherwise possess the general power of referendum on county or city matters, the ordinance or resolution shall be subject to that procedure. If the voters of the county or city issuing such bonds do not otherwise possess the general power of referendum on county or city matters, the referendum shall conform to the requirements and procedures for referendum petitions provided for code cities in RCW 35A.11.100.

NEW SECTION. Sec. 10. (1) A sponsor may issue such tax allocation bonds as it may deem appropriate for the financing of transportation improvement costs and a reasonable bond reserve and for the refunding of any outstanding tax allocation bonds.

(2) The principal and interest of tax allocation bonds may be made payable from:

(a) Tax allocation revenues;

(b) Project revenues which may include: (i) Nontax income, revenues, fees, and rents from the transportation improvement financed with the proceeds of the bonds, or portions thereof; and (ii) contributions, grants, and nontax money available to the sponsor for payment of costs of the transportation improvement or the debt service of the bonds issued therefor;

(3) Tax allocation bonds shall not be the general obligation of or guaranteed by all or any part of the full faith and credit of the sponsor or any other state or local government, or any tax revenues other than tax allocation revenues, and shall not be considered a debt of the sponsor or other state or local government for general indebtedness limitation purposes.

(4) The terms and conditions of tax allocation bonds may include provisions for the following matters, among others:

(a) The date of issuance, maturity date or dates, denominations, form, series, negotiability, registration, rank or priority, place of payment, interest rate or rates which may be fixed or may vary over the life of the tax allocation bonds, bond reserve, coverage, and such other terms related to repayment of the tax allocation bonds;

(b) The application of tax allocation bond proceeds; the use, sale, or disposition of property acquired; consideration or rents and fees to be charged in the sale or lease of property acquired; consideration or rents and fees to be charged in the sale or lease of property within a transportation improvement; the application of rents, fees, and revenues within a transportation improvement; the maintenance, insurance, and replacement of property within a transportation improvement; other encumbrances, if any, upon all or part of property within a transportation improvement, then existing or thereafter acquired; and the type of debts that may be incurred;

(d) The securing of the tax allocation bonds by a pledge of property and property rights, by assignment of income generated by the transportation improvement, or by pledging such additional specifically described resources other than tax revenues as are available to the sponsor;

(e) The terms and conditions for redemption;

(f) The replacement of lost and destroyed bond instruments;

(g) Procedures for amendment of the terms and conditions of the tax allocation bonds;

(h) The powers of a trustee to enforce covenants and take other actions in event of default; the rights, liabilities, powers, and duties arising upon the breach of any covenant, condition, or obligation; and

(i) When consistent with this chapter, such other terms, conditions, and provisions which may make the tax allocation bonds more marketable and further the purposes of this chapter.

(5) Tax allocation bonds may be issued and sold in such manner as the legislative authority of the sponsor shall determine.

(6) The sponsor may also issue or incur obligations in anticipation of the receipt of tax allocation bond proceeds or other money available to pay transportation improvement costs.

NEW SECTION. Sec. 11. Tax allocation bonds authorized in this chapter shall be legal investments for any of the funds of the state and of municipal corporations, for trustees, and for other fiduciaries.

NEW SECTION. Sec. 12. Whenever notice is required to be given to the state, notice shall be given to the director of revenue.

NEW SECTION. Sec. 13. No direct or collateral attack on any transportation improvement, transportation improvement ordinance, or apportionment district purported to be authorized or created in conformance with applicable legal requirements, including the requirements of this chapter, may be commenced more than thirty days after publication of notice as required by section 5 of this act.

NEW SECTION. Sec. 14. This chapter supplements and neither restricts nor limits any powers which the state or any municipal corporation might otherwise have under any laws of this state.

NEW SECTION. Sec. 15. This chapter may be known and cited as transportation infrastructure financing act.

Sec. 16. RCW 82.03.130 and 1998 c 54 s 1 are each amended to read as follows:

(1) The board shall have jurisdiction to decide the following types of appeals:

(a) Appeals taken pursuant to RCW 82.03.190.

(b) Appeals from a county board of equalization pursuant to RCW 84.08.130.

(c) Appeals by an assessor or landowner from an order of the director of revenue made pursuant to RCW 84.08.010 and 84.08.060, if filed with the board of tax appeals within thirty days after the mailing of the order, the right to such an appeal being hereby established.

(d) Appeals by an assessor or owner of an intercounty public utility or private car company from determinations by the director of revenue of equalized assessed valuation of property and the apportionment thereof to a county made pursuant to chapter 84.12 and 84.16 RCW, if filed with the board of tax appeals within thirty days after mailing of the determination, the right to such appeal being hereby established.

(e) Appeals by an assessor, landowner, or owner of an intercounty public utility or private car company from a determination of any county indicated ratio for such county compiled by the department of revenue pursuant to RCW 84.48.075: PROVIDED, That

(i) Said appeal be filed after review of the ratio under RCW 84.48.075(3) and not later than fifteen days after the mailing of the certification; and

(ii) The hearing before the board shall be expeditiously held in accordance with rules prescribed by the board and shall take precedence over all matters of the same character.

(f) Appeals from the decisions of sale price of second class shorelands on navigable lakes by the department of natural resources pursuant to RCW 79.94.210.

(g) Appeals from urban redevelopment property tax apportionment district proposals established by governmental ordinances pursuant to ((~~RCW 39.88.060~~)) section 6 of this act.

(h) Appeals from interest rates as determined by the department of revenue for use in valuing farmland under current use assessment pursuant to RCW 84.34.065.

(i) Appeals from revisions to stumpage value tables used to determine value by the department of revenue pursuant to RCW 84.33.091.

(j) Appeals from denial of tax exemption application by the department of revenue pursuant to RCW 84.36.850.

(k) Appeals pursuant to RCW 84.40.038(3).

(2) Except as otherwise specifically provided by law hereafter, the provisions of RCW 1.12.070 shall apply to all notices of appeal filed with the board of tax appeals.

NEW SECTION. Sec. 17. A new section is added to chapter 84.55 RCW to read as follows:

Pursuant to chapter . . . RCW (sections 1 through 15 of this act), any increase in the assessed value of real property within an apportionment district resulting from new construction, improvements to property, or any increase in the assessed value of state-assessed property shall not be included in the increase in assessed value resulting from new construction, improvements, or any increase in the assessed value of state-assessed property for purposes of calculating any limitations upon regular property taxes under this chapter until the termination of apportionment as set forth in section 7(4) of this act, except to the extent a taxing district actually will receive the taxes levied upon this value. Tax allocation revenues, as defined in section 2 of this act, shall not be deemed to be "regular property taxes" for purposes of this chapter.

NEW SECTION. Sec. 18. The following acts or parts of acts are each repealed:

(1) RCW 39.88.010 (Declaration) and 1982 1st ex.s. c 42 s 2;

(2) RCW 39.88.020 (Definitions) and 1982 1st ex.s. c 42 s 3;

(3) RCW 39.88.030 (Authority--Limitations) and 1982 1st ex.s. c 42 s 4;

(4) RCW 39.88.040 (Procedure for adoption of public improvement) and 1982 1st ex.s. c 42 s 5;

(5) RCW 39.88.050 (Notice of public improvement) and 1982 1st ex.s. c 42 s 6;

(6) RCW 39.88.060 (Disagreements between taxing districts) and 1989 c 378 s 1 & 1982 1st ex.s. c 42 s 7;

(7) RCW 39.88.070 (Apportionment of taxes) and 1982 1st ex.s. c 42 s 8;

(8) RCW 39.88.080 (Application of tax allocation revenues) and 1982 1st ex.s. c 42 s 9;

(9) RCW 39.88.090 (General obligation bonds) and 1982 1st ex.s. c 42 s 10;

(10) RCW 39.88.100 (Tax allocation bonds) and 1982 1st ex.s. c 42 s 11;

(11) RCW 39.88.110 (Legal investments) and 1982 1st ex.s. c 42 s 13;

(12) RCW 39.88.120 (Notice to state) and 1982 1st ex.s. c 42 s 14;

(13) RCW 39.88.130 (Conclusive presumption of validity) and 1982 1st ex.s. c 42 s 15;

(14) RCW 39.88.900 (Supplemental nature of chapter) and 1982 1st ex.s. c 42 s 16;

(15) RCW 39.88.905 (Short title) and 1982 1st ex.s. c 42 s 1;

(16) RCW 39.88.910 (Captions not part of law--1982 1st ex.s. c 42) and 1982 1st ex.s. c 42 s 17;

(17) RCW 39.88.915 (Severability--1982 1st ex.s. c 42) and 1982 1st ex.s. c 42 s 18; and

(18) RCW 84.55.080 (Adjustment to tax limitation) and 1982 1st ex.s. c 42 s 12.

NEW SECTION. Sec. 19. Sections 1 through 15 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 20. 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.