HB 2527 -
By Committee on Economic Development, Trade & Management
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.160.020 and 2004 c 252 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Bond" means any bond, note, debenture, interim certificate, or
other evidence of financial indebtedness issued by the board pursuant
to this chapter.
(3) "Department" means the department of community, trade, and
economic development.
(4) "Financial institution" means any bank, savings and loan
association, credit union, development credit corporation, insurance
company, investment company, trust company, savings institution, or
other financial institution approved by the board and maintaining an
office in the state.
(5) "Industrial development facilities" means "industrial
development facilities" as defined in RCW 39.84.020.
(6) "Industrial development revenue bonds" means tax-exempt revenue
bonds used to fund industrial development facilities.
(7) "Local government" or "political subdivision" means any port
district, county, city, town, special purpose district, and any other
municipal corporations or quasi-municipal corporations in the state
providing for public facilities under this chapter.
(8) "Sponsor" means any of the following entities which customarily
provide service or otherwise aid in industrial or other financing and
are approved as a sponsor by the board: A bank, trust company, savings
bank, investment bank, national banking association, savings and loan
association, building and loan association, credit union, insurance
company, or any other financial institution, governmental agency, or
holding company of any entity specified in this subsection.
(9) "Umbrella bonds" means industrial development revenue bonds
from which the proceeds are loaned, transferred, or otherwise made
available to two or more users under this chapter.
(10) "User" means one or more persons acting as lessee, purchaser,
mortgagor, or borrower under a financing document and receiving or
applying to receive revenues from bonds issued under this chapter.
(11) "Public facilities" means a project of a local government or
a federally recognized Indian tribe for the planning, acquisition,
construction, repair, reconstruction, replacement, rehabilitation, or
improvement of bridges, roads, domestic and industrial water, earth
stabilization, sanitary sewer, storm sewer, railroad, electricity,
telecommunications, transportation, natural gas, buildings or
structures, and port facilities, all for the purpose of job creation,
job retention, or job expansion.
(12) "Rural county" ((means a county with a population density of
fewer than one hundred persons per square mile as determined by the
office of financial management)) has the same meaning as provided in
RCW 82.14.370.
(13) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990 decennial
census, that meets three of the five criteria set forth in subsection
(14) of this section;
(b) A nonmetropolitan county with a population of less than forty
thousand in the 1990 decennial census, that meets two of the five
criteria as set forth in subsection (14) of this section; or
(c) A nonurbanized area, as defined by the 1990 decennial census,
that is located in a metropolitan county that meets three of the five
criteria set forth in subsection (14) of this section.
(14) For the purposes of designating rural natural resources impact
areas, the following criteria shall be considered:
(a) A lumber and wood products employment location quotient at or
above the state average;
(b) A commercial salmon fishing employment location quotient at or
above the state average;
(c) Projected or actual direct lumber and wood products job losses
of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing job losses
of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above the state
average. The counties that meet these criteria shall be determined by
the employment security department for the most recent year for which
data is available. For the purposes of administration of programs
under this chapter, the United States post office five-digit zip code
delivery areas will be used to determine residence status for
eligibility purposes. For the purpose of this definition, a zip code
delivery area of which any part is ten miles or more from an urbanized
area is considered nonurbanized. A zip code totally surrounded by zip
codes qualifying as nonurbanized under this definition is also
considered nonurbanized. The office of financial management shall make
available a zip code listing of the areas to all agencies and
organizations providing services under this chapter.
Sec. 2 RCW 43.168.020 and 2005 c 136 s 3 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Director" means the director of community, trade, and economic
development.
(3) "Distressed area" means: (a) A rural county; (b) a county
which has an unemployment rate which is twenty percent above the state
average for the immediately previous three years; (c) a county that has
a median household income that is less than seventy-five percent of the
state median household income for the previous three years; (d) a
metropolitan statistical area, as defined by the office of federal
statistical policy and standards, United States department of commerce,
in which the average level of unemployment for the calendar year
immediately preceding the year in which an application is filed under
this chapter exceeds the average state unemployment for such calendar
year by twenty percent; or (e) an area within a county, which area:
(i) Is composed of contiguous census tracts; (ii) has a minimum
population of five thousand persons; (iii) has at least seventy percent
of its families and unrelated individuals with incomes below eighty
percent of the county's median income for families and unrelated
individuals; and (iv) has an unemployment rate which is at least forty
percent higher than the county's unemployment rate. For purposes of
this definition, "families and unrelated individuals" has the same
meaning that is ascribed to that term by the federal department of
housing and urban development in its regulations authorizing action
grants for economic development and neighborhood revitalization
projects.
(4) "Fund" means the rural Washington loan fund.
(5) "Local development organization" means a nonprofit organization
which is organized to operate within an area, demonstrates a commitment
to a long-standing effort for an economic development program, and
makes a demonstrable effort to assist in the employment of unemployed
or underemployed residents in an area.
(6) "Project" means the establishment of a new or expanded business
in an area which when completed will provide employment opportunities.
"Project" also means the retention of an existing business in an area
which when completed will provide employment opportunities.
(7) "Rural county" ((means a county with a population density of
fewer that one hundred persons per square mile as determined by the
office of financial management)) has the same meaning as provided in
RCW 82.14.370.
Sec. 3 RCW 43.330.086 and 2007 c 249 s 5 are each amended to read
as follows:
To the extent that funds are specifically appropriated therefor,
contracts with associate development organizations for the provision of
services under RCW 43.330.080(1) shall be awarded according to the
following annual schedule:
(1) For associate development associations serving urban counties,
which are counties other than rural counties as defined in RCW
((43.160.020)) 82.14.370, a locally matched allocation of up to ninety
cents per capita, totaling no more than three hundred thousand dollars
per organization; and
(2) For associate development associations in rural counties, as
defined in RCW ((43.160.020)) 82.14.370, a per county base allocation
of up to forty thousand dollars and a locally matched allocation of up
to ninety cents per capita.
Sec. 4 RCW 82.16.0491 and 2004 c 238 s 1 are each amended to read
as follows:
(1) The following definitions apply to this section:
(a) "Qualifying project" means a project designed to achieve job
creation or business retention, to add or upgrade nonelectrical
infrastructure, to add or upgrade health and safety facilities, to
accomplish energy and water use efficiency improvements, including
renewable energy development, or to add or upgrade emergency services
in any designated qualifying rural area.
(b) "Qualifying rural area" means:
(i) A rural county((, which on the date that a contribution is made
to an electric utility rural economic development revolving fund is a
county with a population density of less than one hundred persons per
square mile as determined by the office of financial management)) as
defined in RCW 82.14.370; or
(ii) Any geographic area in the state that receives electricity
from a light and power business with twelve thousand or fewer
customers.
(c) "Electric utility rural economic development revolving fund"
means a fund devoted exclusively to funding qualifying projects in
qualifying rural areas.
(d) "Local board" is (i) a board of directors with at least, but
not limited to, three members representing local businesses and
community groups who have been appointed by the sponsoring electric
utility to oversee and direct the activities of the electric utility
rural economic development revolving fund; or (ii) a board of directors
of an existing associate development organization serving the
qualifying rural area who have been designated by the sponsoring
electrical utility to oversee and direct the activities of the electric
utility rural economic development revolving fund.
(2) A light and power business shall be allowed a credit against
taxes due under this chapter in an amount equal to fifty percent of
contributions made in any fiscal year directly to an electric utility
rural economic development revolving fund. The credit shall be taken
in a form and manner as required by the department. The credit under
this section shall not exceed twenty-five thousand dollars per fiscal
year per light and power business. The credit may not exceed the tax
that would otherwise be due under this chapter. Refunds shall not be
granted in the place of credits. Expenditures not used to earn a
credit in one fiscal year may not be used to earn a credit in
subsequent years, except that this limitation does not apply to
expenditures made between January 1, 2004, and March 31, 2004, which
expenditures may be used to earn a credit through December 30, 2004.
(3) The right to earn tax credits under this section expires June
30, 2011.
(4) To qualify for the credit in subsection (2) of this section,
the light and power business shall establish, or have a local board
establish with the business's contribution, an electric utility rural
economic development revolving fund which is governed by a local board
whose members shall reside or work in the qualifying rural area served
by the light and power business. Expenditures from the electric
utility rural economic development revolving fund shall be made solely
on qualifying projects, and the local board shall have authority to
determine all criteria and conditions for the expenditure of funds from
the electric utility rural economic development revolving fund, and for
the terms and conditions of repayment.
(5) Any funds repaid to the electric utility rural economic
development revolving fund by recipients shall be made available for
additional qualifying projects.
(6) If at any time the electric utility rural economic development
revolving fund is dissolved, any moneys claimed as a tax credit under
this section shall either be granted to a qualifying project or
refunded to the state within two years of termination.
(7) The total amount of credits that may be used in any fiscal year
shall not exceed three hundred fifty thousand dollars in any fiscal
year. The department shall allow the use of earned credits on a first-come, first-served basis. Unused earned credits may be carried over to
subsequent years.
(8) The following provisions apply to expenditures under subsection
(2) of this section made between January 1, 2004, and March 31, 2004:
(a) Credits earned from such expenditures are not considered in
computing the statewide limitation set forth in subsection (7) of this
section for the period July 1, 2004, through December 31, 2004; and
(b) For the fiscal year ending June 30, 2005, the credit allowed
under this section for light and power businesses making expenditures
is limited to thirty-seven thousand five hundred dollars.
NEW SECTION. Sec. 5 (1) The sum of forty thousand dollars, or as
much thereof as may be necessary, is appropriated for the fiscal year
ending June 30, 2008, from the general fund to the department of
community, trade, and economic development for the purpose of making
disbursements under RCW 43.330.086 to associate development
organizations located in a county that is less than two hundred twenty-five square miles in size and has a population density of more than
three hundred people per square mile.
(2) The sum of forty thousand dollars, or as much thereof as may be
necessary, is appropriated for the fiscal year ending June 30, 2009,
from the general fund to the department of community, trade, and
economic development for the purpose of making disbursements under RCW
43.330.086 to associate development organizations located in a county
that is less than two hundred twenty-five square miles in size and has
a population density of more than three hundred people per square
mile."
HB 2527 -
By Committee on Economic Development, Trade & Management
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "the definition of rural county for economic development purposes; amending RCW 43.160.020, 43.168.020, 43.330.086, and 82.16.0491; and making appropriations."