Title 39 — Title 39 PUBLIC CONTRACTS AND INDEBTEDNESS
56 chapters · 633 sections in this title.
RCW 39.102.220 Administration by department and board.
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The department of revenue and the community economic revitalization board may adopt any rules under chapter 34.05 RCW they consider necessary for the administration of this chapter.[ 2007 c 229 s 13.]Notes:Application—Severability—2007 c 229: See notes following RCW 39.102.020.
RCW 39.102.902 Construction—2006 c 181.
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Nothing in this act shall be construed to give port districts the authority to impose a sales or use tax under chapter 82.14 RCW.[ 2006 c 181 s 705.]
RCW 39.102.903 Effective date—2006 c 181.
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This act takes effect July 1, 2006.[ 2006 c 181 s 706.]
RCW 39.102.905 Expiration date—2013 2nd sp.s. c 21.
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This chapter expires June 30, 2044.[ 2013 2nd sp.s. c 21 s 1.]
RCW 39.104.010 Finding.
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The legislature recognizes that the state as a whole benefits from investment in public infrastructure because it promotes community and economic development. Public investment stimulates business activity and helps create jobs, stimulates the redevelopment of brownfields and bli…
RCW 39.104.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Annual state contribution limit" means two million five hundred thousand dollars statewide per fiscal year, plus the additional amounts approved for demonstration proj…
RCW 39.104.030 Conditions.
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A local government may finance public improvements using local revitalization financing subject to the following conditions:(1) The local government has adopted an ordinance designating a revitalization area within its boundaries and specified the public improvements proposed to …
RCW 39.104.040 Creation of revitalization area.
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(1) Before adopting an ordinance creating the revitalization area, a sponsoring local government must:(a) Provide notice to all taxing districts that levy or have levied for it regular property taxes and local governments with geographic boundaries within the proposed revitalizat…
RCW 39.104.050 Limitations on revitalization areas.
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The designation of a revitalization area is subject to the following limitations:(1)(a) Except as provided in (b) of this subsection, no revitalization area may have within its geographic boundaries any part of a hospital benefit zone under chapter 39.100 RCW, any part of a reven…
RCW 39.104.060 Use of property tax allocation revenues for revitalization financing—Opting out—Partial participation.
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(1) Participating taxing districts must allow the use of all of their local property tax allocation revenues for local revitalization financing.(2)(a) If a taxing district does not want to allow the use of its property tax revenues for the local revitalization financing of public…
RCW 39.104.070 Participating in revitalization financing—Interlocal agreement—Imposition of sales and use tax—Ordinance to opt out—Notice.
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(1) A participating local government must enter into an interlocal agreement as provided in chapter 39.34 RCW to participate in local revitalization financing with the sponsoring local government.(2)(a) If a local government that imposes a sales and use tax under RCW 82.14.030 do…
RCW 39.104.080 Local property tax allocation revenues—Distribution—Determination—Termination—Exception.
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(1) Commencing in the second calendar year following the creation of a revitalization area by a sponsoring local government, the county treasurer must distribute receipts from regular taxes imposed on real property located in the revitalization area as follows:(a) Each participat…
RCW 39.104.090 Local sales and use tax increments.
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(1) A sponsoring local government may use annually local sales and use tax amounts equal to some or all of its local sales and use tax increments to finance public improvements in the revitalization area. The amounts of local sales and use tax dedicated by a participating local g…
RCW 39.104.100 Application process—Approval of project awards by the approving agency.
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(1) Prior to applying to receive a state contribution, a sponsoring local government must adopt a revitalization area within the limitations in RCW 39.104.050 and in accordance with RCW 39.104.040.(2)(a) As a condition to imposing a sales and use tax under RCW 82.14.510, a sponso…
RCW 39.104.110 Issuance of general obligation bonds.
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(1) A sponsoring local government creating a revitalization area and authorizing the use of local revitalization financing may incur general indebtedness, including issuing general obligation bonds, to finance the public improvements and retire the indebtedness in whole or in par…
RCW 39.104.120 Use of tax revenue for bond repayment.
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A sponsoring local government that issues bonds under RCW 39.104.110 to finance public improvements may pledge for the payment of such bonds all or part of any local property tax allocation revenues derived from the public improvements. The sponsoring local government may also pl…
RCW 39.104.130 Limitation on bonds issued.
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The bonds issued by a local government under RCW 39.104.110 to finance public improvements do not constitute an obligation of the state of Washington, either general or special.[ 2009 c 270 s 703.]
RCW 39.104.140 Construction—Port districts—Authority.
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Nothing in this act may be construed to give port districts the authority to impose a sales or use tax under chapter 82.14 RCW.[ 2009 c 270 s 803.]
RCW 39.104.150 Administration by the department of revenue and the department of commerce—Adoption of rules.
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The department of revenue and the department of commerce may adopt any rules under chapter 34.05 RCW that the departments consider necessary for the administration of this chapter.[ 2016 c 207 s 3; 2009 c 270 s 804.]
RCW 39.106.010 Short title—Purpose—Intent—2011 c 258.
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(1) Chapter 258, Laws of 2011 shall be known as the joint municipal utility services act.(2) It is the purpose of chapter 258, Laws of 2011 to improve the ability of local government utilities to plan, finance, construct, acquire, maintain, operate, and provide facilities and uti…
RCW 39.106.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agreement" means a joint municipal utility services agreement, among members, that forms an authority, as more fully described in this chapter.(2) "Authority" means a …
RCW 39.106.030 Formation of authorities—Characteristics—Substantive powers.
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(1) An authority may be formed by two or more members pursuant to this chapter by execution of a joint municipal utility services agreement that materially complies with the requirements of RCW 39.106.050. Except as otherwise provided in RCW 39.106.080, at the time of execution o…
RCW 39.106.040 Corporate powers of authorities.
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(1) For the purpose of performing or providing utility services, and subject to subsection (3) of this section and RCW 39.106.050, an authority has and is entitled to exercise the following powers:(a) To sue and be sued, complain and defend, in its corporate name;(b) To have a co…
RCW 39.106.050 Elements of joint municipal utility services agreements.
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A joint municipal utility services agreement that forms and governs an authority must include the elements described in this section, together with such other provisions an authority's members deem appropriate. However, the failure of an agreement to include each and every one of…
RCW 39.106.060 Authority of members to assist authority and to transfer funds, property, and other assets.
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For the purpose of assisting the authority in providing utility services, the members of an authority are authorized, with or without payment or other consideration and without submitting the matter to the electors of those members, to lease, convey, transfer, assign, or otherwis…
RCW 39.106.070 Tax exemptions and preferences.
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(1) As a municipal corporation, the property of an authority is exempt from taxation.(2) An authority is entitled to all of the exemptions from or preferences with respect to taxes that are available to any or all of its members, other than a tribal member, in connection with the…
RCW 39.106.080 Conversion of existing entities into authorities.
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(1) Any intergovernmental entity formed under chapter 39.34 RCW or other applicable law may become a joint municipal utility services authority and be entitled to all the powers and privileges available under this chapter, if: (a) The public agencies that are parties to an existi…
RCW 39.106.090 Powers conferred by chapter are supplemental.
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The powers and authority conferred by this chapter shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained in this chapter shall be construed as limiting any other powers or authority of any member or any other e…
RCW 39.108.005 Findings.
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(1) Recognizing that uncoordinated and poorly planned growth poses a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state, the legislature passed the growth management act, chapter 36.70A …
RCW 39.108.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Assessed value" means the valuation of taxable real property as placed on the last completed assessment roll.(2) "Eligible county" means any county that borders Puget …
RCW 39.108.030 Designation of sending areas—Inclusion of agricultural and forestland of long-term commercial significance.
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An eligible county must designate all agricultural and forestland of long-term commercial significance within its jurisdiction as sending areas for conservation under the eligible county's program for transfer of development rights. The development rights from all such agricultur…
RCW 39.108.040 Development rights from agricultural and forestland of long-term commercial significance.
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(1) An eligible county must calculate the number of development rights from agricultural and forestland of long-term commercial significance that are eligible for transfer to receiving areas. An eligible county must determine transferable development rights for allocation purpose…
RCW 39.108.050 Designation of sending areas—Inclusion of rural zoned lands under certain circumstances.
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(1) Subject to the requirements of this section, an eligible county may designate a portion of its rural zoned lands as sending areas for conservation under the eligible county's program for transfer of development rights available for transfer to receiving cities under this chap…
RCW 39.108.060 Determination of total number of transferable development rights for agricultural and forestland of long-term commercial significance and designated rural zoned lands.
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On or before September 1, 2011, each eligible county must report to the Puget Sound regional council the total number of transferable development rights from agricultural and forestland of long-term commercial significance and designated rural zoned lands within the eligible coun…
RCW 39.108.070 Allocation among local governments of transferable development rights from agricultural and forestland of long-term commercial significance and designated rural zoned lands.
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(1) The Puget Sound regional council must allocate among receiving cities the total number of development rights reported by eligible counties under RCW 39.108.060. Each receiving city allocated share must be determined by the Puget Sound regional council, in consultation with el…
RCW 39.108.080 Development plan for infrastructure.
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(1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must adopt a plan for development of public infrastructure within one or more proposed local infrastructure project areas sufficient to utilize, on an aggrega…
RCW 39.108.090 Program for transfer of development rights into receiving areas—Requirements.
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(1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must:(a) Adopt transfer of development rights policies or implement development regulations as required by subsection (2) of this section; or(b) Make a findin…
RCW 39.108.100 Development rights available for transfer to receiving cities.
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Only development rights from agricultural and forestland of long-term commercial significance within the eligible counties as determined under RCW 39.108.040, and rural-zoned lands with the eligible counties designated under RCW 39.108.050, may be available for transfer to receiv…
RCW 39.108.110 Quantitative and qualitative performance measures—Reporting.
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The eligible counties, in collaboration with sponsoring cities, must provide a report to the department of commerce by March 1st of every other year. The report must contain the following information:(1) The number of sponsoring cities that have adopted transfer of development ri…
RCW 39.108.120 Creating a local infrastructure project area.
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(1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must:(a) Provide notice to the county assessor, county treasurer, and county within the proposed local infrastructure project area of the sponsoring city's in…
RCW 39.108.130 Limitations on local infrastructure project areas.
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The designation of any local infrastructure project area is subject to the following limitations:(1) A local infrastructure project area is limited to contiguous tracts, lots, pieces, or parcels of land without the creation of islands of territory not included in the local infras…
RCW 39.108.140 Participating taxing districts.
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Participating taxing districts must allow the use of all of their local property tax allocation revenues for local infrastructure project financing.[ 2011 c 318 s 603.]Notes:Rules—2011 c 318: See note following RCW 39.108.005.
RCW 39.108.150 Allocation of property tax revenues.
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(1) Commencing in the second calendar year following the creation of a local infrastructure project area by a sponsoring city, the county treasurer must distribute receipts from regular taxes imposed on real property located in the local infrastructure project area as follows:(a)…
RCW 39.110.005 Findings—Purpose.
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(1) The legislature finds that the issuance of taxable nonrecourse revenue bonds by the Washington economic development finance authority has provided a number of Washington firms with the financing necessary to grow and create jobs. The legislature further finds that municipal a…
RCW 39.110.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Authority" means a local economic development finance authority created under this chapter. An authority is a public body within the meaning of RCW 39.53.010.(2) "Boar…
RCW 39.110.020 Economic development finance authority—Creation—Dissolution—Requirements—Penalty.
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(1) A municipality that formed a public corporation under chapter 39.84 RCW prior to January 1, 2012, may, if that public corporation is still in existence, enact an ordinance creating an economic development finance authority for the purposes authorized in this chapter. The ordi…
RCW 39.110.030 Lending to authority—Issuance of revenue obligations—Delegation of authority.
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(1) No municipality may give or lend any money or property in aid of an authority. The municipality that creates an authority must annually review any financial statements of the authority and at all times must have access to the books and records of the authority. No authority m…
RCW 39.110.040 Powers and duties of authority—Economic development activities.
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(1) An authority established pursuant to this chapter may develop and conduct a program or programs to provide nonrecourse revenue bond financing for the project costs for economic development activities.(2) An authority is authorized to participate fully in federal and other gov…
RCW 39.110.045 Powers of authority—Generally.
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In addition to carrying out the economic development finance activities and programs specifically authorized in this chapter, an authority may:(1) Maintain an office or offices;(2) Sue and be sued in its own name, and plead and be impleaded;(3) Engage consultants, agents, attorne…
RCW 39.110.050 Operating procedures.
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(1) An authority established pursuant to this chapter must adopt general operating procedures for the authority. The authority must also adopt operating procedures for individual programs as they are developed for obtaining funds and for providing funds to borrowers. These operat…