| Passed by the House February 11, 2010 Yeas 59 ________________________________________ Speaker of the House of Representatives Passed by the Senate February 27, 2010 Yeas 31 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1080 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Prefiled 01/07/09. Read first time 01/12/09. Referred to Committee on Local Government & Housing.
AN ACT Relating to allowing impact fees to be used for all fire protection facilities; and amending RCW 82.02.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 82.02.090 and 2008 c 42 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the following
definitions shall apply in RCW 82.02.050 through 82.02.090:
(1) "Development activity" means any construction or expansion of
a building, structure, or use, any change in use of a building or
structure, or any changes in the use of land, that creates additional
demand and need for public facilities. "Development activity" does not
include buildings or structures constructed by a regional transit
authority.
(2) "Development approval" means any written authorization from a
county, city, or town which authorizes the commencement of development
activity.
(3) "Impact fee" means a payment of money imposed upon development
as a condition of development approval to pay for public facilities
needed to serve new growth and development, and that is reasonably
related to the new development that creates additional demand and need
for public facilities, that is a proportionate share of the cost of the
public facilities, and that is used for facilities that reasonably
benefit the new development. "Impact fee" does not include a
reasonable permit or application fee.
(4) "Owner" means the owner of record of real property, although
when real property is being purchased under a real estate contract, the
purchaser shall be considered the owner of the real property if the
contract is recorded.
(5) "Proportionate share" means that portion of the cost of public
facility improvements that are reasonably related to the service
demands and needs of new development.
(6) "Project improvements" mean site improvements and facilities
that are planned and designed to provide service for a particular
development project and that are necessary for the use and convenience
of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital
facilities plan approved by the governing body of the county, city, or
town shall be considered a project improvement.
(7) "Public facilities" means the following capital facilities
owned or operated by government entities: (a) Public streets and
roads; (b) publicly owned parks, open space, and recreation facilities;
(c) school facilities; and (d) fire protection facilities ((in
jurisdictions that are not part of a fire district)).
(8) "Service area" means a geographic area defined by a county,
city, town, or intergovernmental agreement in which a defined set of
public facilities provide service to development within the area.
Service areas shall be designated on the basis of sound planning or
engineering principles.
(9) "System improvements" mean public facilities that are included
in the capital facilities plan and are designed to provide service to
service areas within the community at large, in contrast to project
improvements.