1954-S.E AMS SCHL S3082.1

ESHB 1954  - S AMD393
     By Senator Schlicher

NOT CONSIDERED

     On page 67, after line 1, insert the following:

"Sec. 601   RCW 47.46.060 and 2012 c 77 s 1 are each amended to read as follows:
     (1) Any person, including the department of transportation and any private entity or entities, may apply for deferral of taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment that becomes a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application must be made to the department of revenue in a form and manner prescribed by the department of revenue. The application must contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue must approve the application within sixty days if it meets the requirements of this section.
     (2) The department of revenue must issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the project.
     (3) The department of transportation or a private entity granted a tax deferral under this section must begin paying the deferred taxes in the ((eleventh)) twenty-fourth year after the date certified by the department of revenue as the date on which the project is operationally complete. The first payment is due on December 31st of the ((eleventh)) twenty-fourth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment must equal ten percent of the deferred tax. The project is operationally complete under this section when the collection of tolls is commenced for the state route number 16 improvements covered by the deferral.
     (4) The department of revenue may authorize an accelerated repayment schedule upon request of the department of transportation or a private entity granted a deferral under this section.
     (5) Interest may not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the private entity. Transfer of ownership does not terminate the deferral.
     (6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section.

Sec. 602   RCW 47.46.100 and 2002 c 114 s 7 are each amended to read as follows:
     (1) The commission shall fix the rates of toll and other charges for all toll bridges built under this chapter that are financed primarily by bonds issued by the state. Subject to RCW 47.46.090, the commission may impose and modify toll charges from time to time as conditions warrant. However, from the effective date of this section forward, the commission may not increase the toll rates on the Tacoma Narrows bridge beyond those rates adopted by the commission on May 20, 2013.
     (2) In establishing toll charges, the commission shall give due consideration to any required costs for ((operating and maintaining the toll bridge or toll bridges, including the cost of insurance, and to)) : (a) Any amount required by law to meet the redemption of bonds and interest payments on them and (b) beginning July 16, 2031, operating and maintaining the toll bridge or toll bridges, including the cost of insurance.
     (3) The toll charges must be imposed in amounts sufficient to:
     (a) Beginning July 16, 2031, provide annual revenue sufficient to provide for annual operating and maintenance expenses, except as provided in RCW 47.56.245;
     (b) Make payments required under RCW 47.56.165 and 47.46.140, including insurance costs and the payment of principal and interest on bonds issued for any particular toll bridge or toll bridges; and
     (c) Repay the motor vehicle fund under RCW 47.46.110, 47.56.165, and 47.46.140.
     (4) The bond principal and interest payments, including repayment of the motor vehicle fund for amounts transferred from that fund to provide for such principal and interest payments, constitute a first direct and exclusive charge and lien on all tolls and other revenues from the toll bridge concerned, subject to operating and maintenance expenses beginning July 16, 2031.

Sec. 603   RCW 47.46.110 and 2002 c 114 s 8 are each amended to read as follows:
     (1) The commission shall retain toll charges on any existing and future facilities constructed under this chapter and financed primarily by bonds issued by the state until:
     (a) All costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund have been fully repaid, except as provided in subsection (2)(b) of this section;
     (b) Obligations incurred in constructing that facility have been fully paid; and
     (c) The motor vehicle fund is fully repaid under RCW 47.46.140.
     (2) This section does not:
     (a) Prohibit the use of toll revenues, beginning July 16, 2031, to fund maintenance, operations, or management of facilities constructed under this chapter except as prohibited by RCW 47.56.245;
     (b) Require repayment of funds specifically appropriated as a nonreimbursable state financial contribution to a project.
     (3) Notwithstanding the provisions of subsection (2)(a) of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:
     (a) The facility must be operated as a toll-free facility; and
     (b) The operation, maintenance, upkeep, and repair of the facility must be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington.

Sec. 604   RCW 47.56.245 and 2002 c 114 s 23 are each amended to read as follows:
     The department shall retain toll charges on all existing and future facilities until all costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund, and obligations incurred under RCW 47.56.250 and chapter 16, Laws of 1945 have been fully paid.
     (1) Except as provided in subsection (2) of this section, with respect to every facility completed after March 19, 1953, costs of maintenance and operation shall be paid periodically out of the revenues of the facility in which such costs were incurred.
     (2) Where a state toll facility is constructed under chapter 47.46 RCW adjacent to or within two miles of an existing bridge that was constructed under this chapter, revenue from the toll facility may not be used to pay for costs of operation, maintenance, and preservation on the existing bridge or, until July 16, 2031, the bridge constructed under chapter 47.46 RCW."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

ESHB 1954  - S AMD
     By Senator Schlicher

NOT CONSIDERED

     On page 1, line 6 of the title, after "47.56.894," strike "and 47.56.892" and insert "47.56.892, 47.46.060, 47.46.100, 47.46.110, and 47.56.245"

EFFECT:  (1) Extends the time frame that state sales and use taxes imposed on the Tacoma Narrows Bridge project are deferred from 11 years to 24 years.
     (2) The Transportation Commission's authority to increase toll rates on the Tacoma Narrows Bridge is removed.
     (3) Prohibits the use of toll revenue from the Tacoma Narrows Bridge for maintenance, operation, and preservation of the bridge until July 16, 2031.

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