HOUSE BILL REPORT
HB 2049
As Reported by House Committee On:
Finance
Title: An act relating to investing in the state's paramount duty to fund K-12 education and build strong and safe communities by modifying the state and local property tax authority and adjusting the school funding formula.
Brief Description: Investing in the state's paramount duty to fund K-12 education and build strong and safe communities.
Sponsors: Representatives Bergquist, Pollet, Santos, Peterson, Fosse, Ryu, Ormsby, Parshley, Macri, Wylie, Berry, Ramel, Street, Gregerson, Doglio, Farivar, Reed, Reeves, Hill and Callan.
Brief History:
Committee Activity:
Finance: 4/3/25, 4/19/25 [DPS].
Brief Summary of Substitute Bill
  • Changes the 101 percent revenue growth limit for state and local property taxes to 101 percent plus population change and inflation, with a capped limit of 103 percent.
  • Increases the maximum per-pupil limit used for school enrichment levies gradually over several years up to $5,035 in the 2031 calendar year.
  • Increases the per-student state Local Effort Assistance (LEA) threshold by $150 above inflation in 2026 and $250 above inflation in 2027.
  • Increases LEA thresholds by an additional $200 per-pupil in 2030 and 2031.
  • Requires the Superintendent of Public Instruction to convene a kindergarten through grade 12 (K-12) funding equity workgroup to analyze options for revising K-12 funding formulas.
HOUSE COMMITTEE ON FINANCE
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.Signed by 9 members:Representatives Berg, Chair; Street, Vice Chair; Mena, Parshley, Ramel, Santos, Scott, Springer and Wylie.
Minority Report: Do not pass.Signed by 5 members:Representatives Orcutt, Ranking Minority Member; Jacobsen, Assistant Ranking Minority Member; Abell, Chase and Penner.
Minority Report: Without recommendation.Signed by 1 member:Representative Walen.
Staff: Rachelle Harris (786-7137).
Background:

Property Tax—Limit Factor.

All real and personal property is subject to a tax each year based on the highest and best use, unless a specific exemption is provided by law.  The annual growth of all regular property tax levy revenue is limited as follows:

  • For jurisdictions with a population of less than 10,000, revenue growth is limited to 1 percent.
  • For jurisdictions with a population of 10,000 or more, revenue growth is limited to the lesser of inflation or 1 percent.

 

For purposes of the revenue growth limit factor, inflation means the percentage change in the implicit price deflator (IPD) for personal consumption expenditures for the United States as published for the most recent 12-month period by the United States (US) Department of Commerce by September 25 of the year before the taxes are payable.  Taxing districts other than the state may adopt a resolution of substantial need to levy up to 101 percent if the IPD is less than 1 percent. 

 

The value of the following add-ons are in addition to the limit factor:

  • new construction;
  • construction of wind turbine, solar, biomass, and geothermal facilities;
  • improvements to property;
  • increased value of state-assessed property; and
  • increased value of real property within a local tax increment financing area.

 

The state collects two regular property tax levies.  The revenue growth limit applies to both state levies and all regular local property tax levies.  Excess levies are not subject to this limit and require voter approval.  

 

Local School Enrichment Levies.

Local enrichment levies can be approved by voters within a school district as a property tax for enrichment beyond the state's statutory program of basic education.  Enrichment levy collections are capped for school districts at the lesser of $2.50 per $1,000 of assessed property value in the district, or $2,500 per pupil adjusted for inflation ($3,149.69 in 2024) for school districts with less than 40,000 students.  School districts with 40,000 or more students, subject to a per-pupil limit, are allowed to collect up to $3,000 per pupil adjusted for inflation ($3,779.63 in 2024).  The inflation measure used is the consumer price index for all urban consumers, Seattle area (Seattle CPI).

 

Local Effort Assistance.

The state provides additional Local Effort Assistance (LEA) funding to school districts that would not generate an enrichment levy of at least $1,550 per student based on prior year enrollment when levying at a rate of $1.50 per $1,000 of assessed value.  An eligible school district's maximum LEA is the difference between the district's per-pupil levy amount based on a rate of $1.50 per $1,000 of assessed value and $1,550 per student multiplied by the district's prior year enrollment.  The $1,550 per student limit, also known as the state LEA threshold, is adjusted annually by the Seattle CPI. 

 

Special Education Excess Cost Multipliers and Enrollment.

The state allocates funding for a program of special education (SPED) for students with disabilities using an excess cost formula.  For eligible students in kindergarten through age 21 (K-21), the formula multiplies a school district's base allocation by an excess cost multiplier up to an enrollment limit of 16 percent of a school district's full-time student enrollment.  A multiplier of 1.12 is provided for SPED students that spend at least 80 percent of the school day in a general education setting.  For students in a general education setting less than 80 percent of the time, districts receive a 1.06 multiplier. 

 

Beyond allocations from excess cost multipliers, the Office of Superintendent of Public Instruction (OSPI) may provide safety net funding if a school district has one or more high-need individual students or is in a community impacted by large numbers of families with children eligible for SPED, such as communities with group homes, regional hospitals, or military bases.

 

General Apportionment Funding Used for Special Education.

The K-21 students receiving SPED services generate funding through both general apportionment, also referred to as the basic education allocation (BEA), and excess cost formulas.  The OSPI is required to develop an allocation and cost accounting methodology to ensure general apportionment funding is prorated and allocated to a student's SPED program and accounted for before calculating SPED excess cost when services are provided outside of the general education setting.  A portion of the BEA amount based on the least restrictive environment (LRE) percentage of time a student is outside of a general education setting is redirected from general apportionment and dedicated to SPED purposes by the OSPI.

Summary of Substitute Bill:

For purposes of the revenue growth limit for state and local property taxes, the limit factor of 101 percent is replaced with a limit factor of 101 percent plus population change and inflation, with a cap of 103 percent.
 
Inflation is defined as the annual percentage change in the consumer price index for all urban consumers in the western region for all items as provided for the most recent 12-month period by the US Department of Labor by July 25 of the year before the taxes are payable.
 
"Population change" means the percent increase in the population of a taxing district between the two most recent years provided in the official population estimates published by the Office of Financial Management in April of the year before the taxes are payable.  If the population decreases, the population change is zero.
 
By September 1 of each year, the Department of Revenue (DOR) must provide the limit factors to county assessors.  By October 1 of each year, county assessors must determine how the limit factor applies to each taxing district and notify each taxing district.

 

The ability for taxing districts with regular levies and a substantial need to adopt a resolution to use the growth factor of 101 percent instead of the IPD if the IPD is less than 1 percent is repealed.

 

The changes are applicable for taxes levied for collection in 2026 and thereafter.

 

Enrichment Levies.

Beginning in the 2026 calendar year (CY), a school district's maximum per-pupil limit for enrichment levy purposes is increased as follows:

  • The maximum per-pupil limit is increased by an inflation enhancement of $500 above Seattle CPI for all school districts in CY 2026.
  • The maximum per-pupil limit is increased for school districts with fewer than 40,000 students by an inflation enhancement of 3.3 percent above Seattle CPI each year from CY 2027 to CY 2030.
  • Beginning in CY 2031, the maximum per-pupil limit is $5,035 for all school districts, to be increased by Seattle CPI annually thereafter.

 

Local Effort Assistance.

Beginning in CY 2026, the state LEA threshold is increased as follows:

  • The state LEA threshold is increased by an inflation enhancement of $150 above Seattle CPI in CY 2026.
  • The state LEA threshold is increased further by an inflation enhancement of $250 above Seattle CPI in CY 2027.
  • The state LEA threshold is increased further by an additional $200 per-pupil in 2030 and 2031.
  • The inflation enhancements are also applied to state tribal compact tribal schools' LEA.

 

Improving Equity in Kindergarten Through Grade 12 Funding.

The Superintendent of Public Instruction (SPI) is required to convene a kindergarten through grade 12 (K-12) funding equity workgroup to analyze options for revising K-12 funding formulas to be responsive to students' needs, including economic, demographic, and geographic differences.  The SPI is authorized to contract with higher education and public, nonpartisan research entities to support the workgroup's analysis.  The SPI may determine the composition and meeting frequency of the workgroup, provided that it includes representation from education and community partners that are demographically and geographically diverse and groups representing educators, school and district administrators, labor unions, families, students, community partners who support groups disproportionately impacted by inequities, and legislators.

 

The workgroup's analysis must address:

  • impacts of changes to per-pupil funding formulas and local revenue;
  • compensation factors;
  • distribution trends from the prototypical funding formulas; and
  • formulas that benefit specific populations, like the Learning Assistance Program, the LEA, and small school factors.

 

The SPI must use the workgroup's analysis to consider options for revising school funding formulas.  By November 1, 2025, and annually thereafter, the SPI must report progress and any proposed options to the fiscal and education committees of the Legislature, which must include options that address:

  • system and resource inequities;
  • state, local, and regional needs;
  • potential adoption of student weights; and
  • metrics to monitor equitable access to resources.

 

Any option or group of options proposed by the SPI must not exceed the amounts provided by the additional state property tax revenues generated under the bill, when combined with the other K-12 funding increases in the bill for SPED and LEA.  The DOR must provide relevant data and analysis to the SPI to support the requirement.

 

The statute establishing the workgroup expires December 1, 2027.

Substitute Bill Compared to Original Bill:

The substitute bill adjusts the change to the revenue growth limit to be 101 percent plus population change and inflation, rather than 100 percent plus population change and inflation.  It also changes the definition of inflation from "increase in consumer price index" to "change in consumer price index" for purposes of calculating the revenue growth limit.  For purposes of calculating the revenue growth limit, the substitute bill clarifies that the state is not included in the population change calculation that is applied to certain taxing districts that are not coterminous with certain areas.  The substitute bill also changes the calculation of population change for county road fund levies from being based on the unincorporated county area population to the full county population.

 

The substitute bill removes all changes to special education funding, and changes the inflation enhancements added to the LEA per-student threshold in the 2026 calendar year from $200 to $150, and for the 2027 calendar year from $300 to $250.

Appropriation: None.
Fiscal Note: Available.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

(In support) This is a fix to the state's inability to keep up with rising costs.  The agreement around McCleary v. State of Washington was to remove the cap on property taxes, but it was only a four-year fix, with the understanding that the Legislature would come back and continue working on ways to keep education funding stable.  This bill passes the privilege of making decisions down to the local governments, and local governments are directly accountable to their voters.  This will help maintain critical public services such as roads and schools.  Local jurisdictions are managing their budgets but are unable to meet basic needs.  This will help local public servants and provide the ability to fund services wanted and needed by residents.  This will not triple property taxes.  The growth in revenue being tied to population growth and revenue will allow for modest changes in services.  The revenue growth limit continually challenges state and local governments struggling to keep up with paying for services.  This provides a local option to consider needs of local communities.  The compounding effect of this limit over time has kneecapped local governments.  Some counties do not take the full limit factor, but having the option to do so is good.  The gap between funding and needs continues to widen and this bill aligns levy policy with modern costs.  Zip codes should not determine educational success.  Counties in particular are limited with revenue tools; they do not have tools like the state or cities do.  Because of these limitations, services are limited.  This is not a tripling of the property tax at all.  Each 1 percent increase in property tax is about $6 per year, which is by no means a tripling.

 

(Opposed) Washington is bad for businesses and housing affordability.  Businesses play a key role in taxation in the state.  This bill goes too far in increasing costs for businesses.  There are other options for locals to increase taxes, such as sales taxes.  Families cannot afford homes in the state as it is, and property taxes will affect the ability to qualify for mortgages.  Voters have supported the property tax limit multiple times.  This will tax people out of their homes.  This bill fails to address the wasteful spending of the government.  Thousands of people are against this.  School funding in this state is not good, and this bill does not improve it.  Local small businesses will be directly impacted by this, especially the hospitality industry.  This bill will derail the real estate industry.  This will cripple Washingtonians who want to live here.  This proposal will not improve special education funding.  Despite high levels of funding, educational performance has not improved.

 

(Other) Adjustments to property tax and education funding should not be combined in one bill.  The Legislature should consider these policies separately.

Persons Testifying:

(In support) Representative Steve Bergquist, prime sponsor; Traci Buxton, Mayor, City of Des Moines and President, Sound Cities Association; Amy Ockerlander, Mayor, City of Duvall and President, Assoc. of WA Cities; Candice Bock, Association of Washington Cities; Hunter George, Washington Recreation and Park Association; Clifford Traisman, Bellevue, Highline, Northshore, and Seattle Public School Districts; Megan Dunn, Snohomish County; Simone Boe, Washington Education Association; Kristina Walker, Councilmember, City of Tacoma; Michael Lilliquist, City of Bellingham, Representative Ward 6; Nigel Herbig, Mayor, City of Kenmore; Pierce County Executive Ryan Mello, Pierce County Executive; Benton County Commissioner Jerome Delvin, Benton County; Christine Twiss, SEIU 925, Health Room Assistant; Emily Willard, SEIU 925 and investigator, King Co DPD; Adam Aguilera, WEA member; Kim Harless, City of Vancouver, Councilmember; Jennifer Gregerson, City of Everett; James Trefry, General Counsel, Washington State Council of County and City Employees, AFSCME, Council 2; Nora Burnes, ESD 105 Schools Coalition; and Trevor Greene, Yakima School District Superintendent.

(Opposed) Laurie Layne; Jeff Pack, Washington Citizens Against Unfair Taxes; Tim Eyman, Initiative Activist; Max Martin, Association of Washington Business; Katie Beeson, WA Food Industry Association; Jan Himebaugh, Building Industry Association of WA; Anna Burt; McKenzie Darr, NAIOP; Julia Gorton, WA Hospitality Association; Dakota Manley, Washington State Young Republicans; Michael Patterson, Washington Association of Mortgage Professionals; Dave Larson, Tukwila School Board; Quan Deng; and Hong Sodoma.
(Other) Barbara Posthumus, Lake Washington School District; and Daniel Lunghofer, Washington State School Directors' Association.
Persons Signed In To Testify But Not Testifying:

More than 20 persons signed in. Please contact the House Public Records Office at https://leg.wa.gov/public-records-requests/ or call (360) 786-0926.