S‑1994.1   _____________________________________________

 

SUBSTITUTE SENATE BILL 5636

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senate Committee on Economic Development & Telecommunications (originally sponsored by Senators T. Sheldon, Franklin and Rasmussen; by request of Governor Locke)

 

READ FIRST TIME 03/05/01. 

_1      AN ACT Relating to using state sales and use tax revenues

_2  generated within a benefited jurisdiction as a funding source for

_3  community development infrastructure improvements not to exceed

_4  one million dollars of funding per fiscal year; amending RCW

_5  43.135.080; adding new sections to chapter 82.14 RCW; adding a new

_6  section to chapter 82.32 RCW; and creating new sections.

     

_7  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_8      NEW SECTION.  Sec. 1.  The legislature finds that:

_9      It is in the best interest of the state of Washington to

10  promote private investment in many areas for the purpose of

11  stimulating economic vitality and promoting economic stability.  In

12  many urban areas, urban decay, abandoned buildings, and

13  environmental contamination pose a barrier to redevelopment.

14  Public investment is needed to reclaim brownfields, update

15  infrastructure, and improve the condition of public areas.  In the

16  absence of public investment, urban redevelopment projects often

17  cannot pay a return sufficient to attract private investment.  These

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_1  urban areas need private investment to create employment

_2  opportunities and to generally improve the economic stability of

_3  many neighborhoods.

_4      In other areas, the public infrastructure necessary to attract

_5  new business or to facilitate the growth and expansion of existing

_6  industry is inadequate.  Industry expects that basic infrastructure

_7  such as sewer, roads, power, natural gas, and telecommunications

_8  services will be available at potential industrial and commercial

_9  sites.  Private investment is necessary to diversify and strengthen

10  many economies throughout the state; however the private sector is

11  unlikely to invest in areas in which public infrastructure is

12  lacking.

13      In 1999, the state of Washington local government

14  infrastructure study identified a gap in infrastructure financing

15  well over three billion dollars.  The legislature finds that with

16  existing local resources, counties, cities, or Indian tribes

17  cannot finance needed public infrastructure projects.  The

18  legislature further finds that a partnership between the state,

19  and counties, cities, or Indian tribes, and private industry can

20  make strategic investments in public infrastructure that will

21  stimulate the private investment needed to spur economic

22  development and create jobs.

     

23      NEW SECTION.  Sec. 2.  A new section is added to chapter 82.14

24  RCW to read as follows:

25      (1) A county, city, or Indian tribe that obtains approval under

26  section 3 of this act shall receive a monthly distribution from

27  the infrastructure improvement account, hereby created in the

28  state treasury, subject to the limitations in this section and

29  section 3 of this act.  The distribution shall be equal to the

30  proceeds from the state share of the sales tax and use tax upon

31  taxable events under chapters 82.08 and 82.12 RCW, within the

32  boundaries of the county or city, or within Indian country of the

33  tribe, subject to the funding limitations in this section.  The

34  proceeds shall be from a portion of the state share of the sales

35  and use tax from within the specific county, city, or Indian

36  country of the tribe, and shall be deposited as directed in

37  section 5 of this act.  For the purposes of the distribution under

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_1  this section, proceeds distributed to a tribe shall be based on

_2  estimates of taxable events taking place in the tribal

_3  jurisdiction.  The department shall, in consultation with the tribe,

_4  calculate the estimate and provide the information to the state

_5  treasurer.  No more than five hundred thousand dollars are available

_6  for any one project in any fiscal year, and no one city, county,

_7  or tribe may receive more than one million dollars in any fiscal

_8  year.

_9      (2) The funding provided in this section shall expire when the

10  debt obligation for the infrastructure improvement project, as

11  approved under section 3 of this act, is repaid, but in no event

12  may the funding be received for more than twenty years after the

13  first distribution under this section.

14      (3) The proceeds received under this section shall be used for

15  the purpose of payments on the infrastructure improvement project

16  debt obligations to cover infrastructure improvements and related

17  infrastructure expenses.  This revenue is the state's share of the

18  debt obligation repayment, and it may not exceed thirty percent of

19  the total public sector project budget.  At least seventy percent of

20  the funding must come from other public or private sources.

21      (4) The definitions in this subsection apply to this section

22  and sections 3 and 5 of this act.

23      (a) "Indian country" has the meaning given in RCW 82.24.010.

24      (b) "Indian tribe" means an Indian nation, tribe, band,

25  community, or other entity recognized as a federally recognized

26  Indian tribe by the United States department of the interior.

27      (c) "Infrastructure improvements" means the construction,

28  renovation, or expansion of publicly owned infrastructure

29  improvements such as dock facilities, park and recreation

30  facilities and areas, parking facilities, public transit

31  facilities, sewer systems, sidewalks, lighting, and pedestrian

32  improvements and amenities, telecommunications systems, water

33  systems, and wastewater systems, including demolition and clean-up

34  activities related to the improvements.

35      (d) "Private partner" does not include any government or any

36  government enterprise, corporation, or other similar entity.

37      (e) "Related infrastructure expenses" includes expenditures for

38  activities such as design, planning, environmental analysis, land

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_1  and materials acquisition, and site preparation, as well as

_2  expenditures for the financing of the infrastructure improvement,

_3  such as legal fees, insurance fees, financing fees, principal and

_4  interest costs on general indebtedness including reserves, and

_5  administrative costs.

     

_6     NEW SECTION.  Sec. 3.  A new section is added to chapter 82.14

_7  RCW to read as follows:

_8      (1) The department of community, trade, and economic

_9  development shall review and approve or deny applications from

10  counties, cities, or Indian tribes for infrastructure improvement

11  projects, consistent with the criteria in this section.  Counties,

12  cities, and tribes may develop proposals with other government

13  entities such as port districts, special purpose districts,

14  municipal corporations, and public development authorities, but

15  the county, city, or tribe remains the only entity eligible under

16  this section and section 2 of this act.  Applications shall be in a

17  form and manner as required by the department of community, trade,

18  and economic development.  Funding is available on a first-come

19  basis, with priority based on the date and time an application is

20  received.  In the event that a subsequent application is received

21  from a taxing jurisdiction that has overlapping jurisdiction with

22  a jurisdiction with a priority application, the subsequent

23  application shall be approved only if there are sufficient

24  revenues expected to be generated to cover the state's share of

25  the project.  All qualifying projects shall be funded until the

26  fiscal funding cap is met.  At the point the fiscal funding cap is

27  reached, no proposals may be evaluated until the following fiscal

28  year.  Applications denied due to the program funding cap being met

29  must be resubmitted the following fiscal year in order to be

30  reconsidered.  The department of community, trade, and economic

31  development shall provide a response to a proposal within sixty

32  days of receipt.

33      (a) During each fiscal year, the department of community,

34  trade, and economic development may approve no more than one

35  million dollars in new projects for each fiscal year.

36      (b) A county, city, or Indian tribe may have no more than two

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_1  ongoing infrastructure improvement projects at any one time and

_2  may not be approved for more than one project in any one year.

_3      (c) The funds received under section 3 of this act may not

_4  exceed five hundred thousand dollars for any one project per year.

_5      (2) A county, city, or Indian tribe may finance infrastructure

_6  improvements and related infrastructure expenses in part by using

_7  tax revenue dedicated under section 5 of this act, subject to

_8  providing the department of community, trade, and economic

_9  development with documentation regarding the following conditions

10  and requirements:

11      (a) The county, city, or Indian tribe must certify to the

12  department that an analysis has been made of the value to the

13  state of the private portion of the project, and that over a

14  thirty-year term the projected state revenue, such as sales and

15  use tax and business and occupation tax, from all state taxes

16  directly associated with the private portion of the project will

17  at least equal the dollar value of the state's funding of the

18  project;

19      (b) The county, city, or Indian tribe must identify the source

20  of funds through which it will fund its share of the

21  infrastructure improvement project;

22      (c) The county, city, or Indian tribe must have received an

23  agreement in writing from a private entity committing to a

24  privately funded private project that will directly benefit from

25  the infrastructure improvements and must provide a copy of such

26  agreement to the department; and

27      (d) A project proposed by a county or city must be consistent

28  with the comprehensive plan and development regulations it has

29  adopted in conformance with chapter 36.70A RCW.

30      (3) The department of community, trade, and economic

31  development may give an approval conditioned on the county, city,

32  or Indian tribe satisfying the conditions and requirements in this

33  section, but in no circumstances may funds be received under

34  section 2 of this act before the conditions in subsection (2) of

35  this section are satisfied, at which point final approval may be

36  given.  Upon final approval under this section, the department of

37  community, trade, and economic development shall notify the

38  applicant and the department of revenue.

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_1      (4) No projects may be approved under this section after June

_2  30, 2006.

     

_3      Sec. 4.  RCW 43.135.080 and 1998 c 321 s 14 are each amended to

_4  read as follows:

_5      (1) Initiative Measure No. 601 (chapter 43.135 RCW, as amended

_6  by chapter 321, Laws of 1998 and the amendatory changes enacted by

_7  section 6, chapter 2, Laws of 1994) is hereby reenacted and

_8  reaffirmed.  The legislature also adopts chapter 321, Laws of 1998

_9  to continue the general fund revenue and expenditure limitations

10  contained in this chapter 43.135 RCW after this one-time transfer

11  of funds.

12      (2) RCW 43.135.035(4) does not apply to sections 5 through 13,

13  chapter 321, Laws of 1998.

14      (3) RCW 43.135.035(4) does not apply to sections 2 and 3 of

15  this act.

     

16      NEW SECTION.  Sec. 5.  A new section is added to chapter 82.32

17  RCW to read as follows:

18      The department shall deposit into the infrastructure

19  improvement account, created in section 2 of this act, proceeds

20  from the state share of the sales tax and use tax upon taxable

21  events, for those counties, cities, or Indian tribes that have

22  been approved under section 3 of this act.  The proceeds shall be

23  from the state share of the sales and use tax from within the

24  specific county, city, or Indian country of the tribe and shall be

25  limited to that portion of the proceeds necessary to finance the

26  projects approved under the terms of sections 2 and 3 of this

27  act.  Pursuant to section 2 of this act, no more than five hundred

28  thousand dollars shall be for any one project in any fiscal year,

29  and any one jurisdiction may receive not more than one million

30  dollars in any fiscal year.  If the department has received notice

31  of final approval from the department of community, trade, and

32  economic development under section 3(3) of this act and the sale

33  of bonds or other debt instruments is complete, the department

34  shall notify the state treasurer regarding the monthly

35  distributions under section 2(1) of this act.

     

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_1      NEW SECTION.  Sec. 6.  The state incurs no obligation or

_2  liability regarding an infrastructure improvement project under

_3  section 3 of this act, other than the funding provided through the

_4  sales and use tax under section 2 of this act.

     

_5      NEW SECTION.  Sec. 7.  If any provision of this act or its

_6  application to any person or circumstance is held invalid, the

_7  remainder of the act or the application of the provision to other

_8  persons or circumstances is not affected.

 

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