Title 36 — Title 36 COUNTIES

A county with a population of less than one million five hundred thousand may contract with the state arts commission formed under chapter 43.46 RCW for the provision of consulting, management, or other administrative services to be provided to its program created under this chap…

(1)(a) Except as provided in (b) of this section, a county creating a program under this chapter may impose sales and use taxes under RCW 82.14.525 or additional regular property tax levies under RCW 84.52.821 for the purposes authorized under this chapter.(b) A county with a pop…

(1) A program created under this chapter must provide or continue to provide funding authorized under this chapter only to cultural organizations that provide discernible public benefits. Each program created under this chapter must identify a range of public benefits that cultur…

A program created under this chapter must develop and provide a public school cultural access program, as provided in RCW 36.160.110.[ 2020 c 192 s 2; 2015 3rd sp.s. c 24 s 502.]Notes:Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

A program in a county must allocate the proceeds of taxes authorized under RCW 82.14.525 and 84.52.821 as follows:(1) If any start-up funding has been provided to the program under RCW 36.160.040 with the expectation that the funding will be repaid, the program must annually rese…

No direct or collateral attack on any program purported to be authorized or created in conformance with this chapter may be commenced more than thirty days after creation.[ 2015 3rd sp.s. c 24 s 801.]Notes:Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.

(1) The legislature finds that the efficiency and resiliency of buildings in Washington is essential for ensuring the health and safety of residents, employees, and tenants; for using water and energy more efficiently; and for economic development of our communities. Buildings in…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Assessment" means the voluntary agreement of a property owner to allow a county to place an annual assessment on their property to repay C-PACER financing.(2) "Capital…

(1)(a) The department of commerce may establish a voluntary statewide C-PACER program that counties may choose to participate in. A county may establish a separate voluntary countywide C-PACER program, provided that it conforms to the requirements of this chapter.(b) A C-PACER pr…

(1) A program must establish a C-PACER application and review process to review and evaluate project applications for C-PACER financing, and prescribe the form and manner of the application. At a minimum, an applicant must demonstrate:(a) That the project provides a benefit to th…

(1) To adopt a program under this chapter, the governing body of a county must take the following actions:(a) Adopt a resolution or ordinance that includes:(i) A statement that financing qualified projects, repaid by voluntary assessments on property benefited by C-PACER improvem…

(1) A county shall record each C-PACER lien in the real property records of the county in which the property is located. The lien and release shall be prepared in conformity with chapter 65.04 RCW.(2) The recording under subsection (1) of this section must contain:(a) The legal d…

(1) The C-PACER lien amount plus any interest, penalties, and charges accrued or accruing on the C-PACER lien:(a) Takes precedence over all other liens or encumbrances except a lien for taxes imposed by the state, a local government, or a junior taxing district on real property, …

(1) Before a capital provider may enter into a financing agreement to provide C-PACER financing of a qualified project to a record owner of any eligible property, the capital provider must receive written consent from any holder of a lien, mortgage, or security interest in the re…

The C-PACER financing through a program established under this chapter may include:(1) The cost of materials and labor necessary for installation or modification of a qualified improvement;(2) Permit fees;(3) Inspection fees;(4) Lender's fees;(5) Program application and administr…

The proposed C-PACER financing for a qualified project may authorize the property owner to:(1) Purchase directly the related equipment and materials for the installation or modification of a qualified improvement; and(2) Contract directly, including through lease, power purchase …

A county that adopts a program and designates a program region under this chapter may not:(1) Make the issuance of a permit, license, or other authorization from the county to a person who owns property in the region contingent on the person entering into a written contract to re…

The members of the governing body of a county, employees of a county, and board members, executives, and employees under this chapter are not personally liable as a result of exercising any rights or responsibilities granted under this chapter.[ 2020 c 27 s 12.]

A county may not enforce any privately financed debt under this chapter. Neither the state nor any county may use public funds to fund or repay any loan between a capital provider and property owner. No section under this chapter shall be interpreted to pledge, offer, or encumber…

A new county local road program is established to fund the preservation and improvement of county local roads. The board must:(1) Adopt rules necessary to implement the provisions of this chapter relating to the allocation of funds; and(2) Include a program status report in the b…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Board" means the county road administration board created in RCW 36.78.030.(2) "Community facility" means a publicly owned facility or building that is primarily inten…

(1) The board shall adopt rules to select preservation and improvement projects under this chapter taking into consideration, at a minimum, the following priority rating factors:(a) Investment in overburdened communities;(b) Environmental health disparities as identified in the e…

The following project types are allowed under the county local road program created in this chapter:(1) 2-R as defined in the LAG manual;(2) 3-R as defined in the LAG manual;(3) Reconstruction as defined in the LAG manual;(4) Replacement of any bridge on the national bridge inven…

Whenever a proposed county local road program project is adjacent to a city or town, the appropriate city or town and county officials shall jointly plan and include the improvement in their respective long-range plans. Whenever a county local road program project connects with a…

Counties receiving funds from the county local road program shall provide such matching funds as established by rules adopted by the board. Matching requirements must be established after appropriate studies by the board and considering the financial resources available to counti…

(1) Only those counties that, during the preceding 12 months, have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, and including t…

Whenever the board approves a county local road program project under this chapter it shall determine the amount of county local road program funds to be allocated for such project. The allocation must be based upon information submitted by the county seeking approval of the proj…

The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.[ 1963 c 4 s 36.98.010. Formerly RCW …

Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.[ 1963 c 4 s 36.98.020. Formerly RCW 36.98.020.]

If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.[ 1963 c 4 s 36.98.030. Formerly RCW 36.98.030.]Notes:Severability—1…

See 1963 c 4 s 36.98.040.