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Senate Bill 5211 - Tax Increment Financing (State of Washington 67th Legislature, 2021 Regular Session)

Summary

Senate Bill 5211 of the State of Washington 67th Legislature, 2021 Regular Session, by Senators Frockt, Mullet, Conway, Kuderer, and Rolfes, read first time January 14, 2021 and referred to the Committee on Business, Financial Services & Trade. It is an act relating to tax increment financing that amends RCW 84.55.010 and adds a new chapter to Title 39 RCW. It defines terms including increment area, increment value and public improvements, and sets conditions for a local government to finance public improvements through tax increment financing, including an ordinance designating an increment area and no more than three active increment areas at any given time. It also provides for published notice of the ordinance and for apportionment of regular property taxes in an increment area.

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“Senate Bill 5211 - Tax Increment Financing (State of Washington 67th Legislature, 2021 Regular Session).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-01-21-a28239-bill-5211-575351588a/, SHA-256 ffe15c2a75a2b59cd381686fde6d164aedc241d4ae05dbaa6fca450df091f5ee.

Full text

     S-0399.1

                                SENATE BILL 5211


     State of Washington        67th Legislature        2021 Regular Session

     By Senators Frockt, Mullet, Conway, Kuderer, and Rolfes

     Read first time 01/14/21.       Referred   to   Committee   on   Business,
     Financial Services & Trade.




1        AN ACT Relating to tax increment financing;             amending   RCW
2    84.55.010; and adding a new chapter to Title 39 RCW.


3    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 4       NEW SECTION.    Sec. 1.     The definitions in this section apply
 5   throughout   this   chapter   unless  the   context   clearly   requires
 6   otherwise.
 7       (1) "Assessed value of real property" means the valuation of real
 8   property as placed on the last completed assessment roll.
 9       (2) "Increment area" means the geographic area from which taxes
10   are to be appropriated to finance public improvements authorized
11   under this chapter.
12       (3) "Increment value" means 100 percent of any increase in the
13   true and fair value of real property in an increment area that is
14   placed on the tax rolls after the increment area is created.
15       (4) "Local government" means any city, town, county, port
16   district, or any combination thereof.
17       (5)   "Ordinance"   means    any  appropriate   method   of   taking
18   legislative action by a local government.
19       (6) "Public improvement costs" means the costs of: (a) Design,
20   planning, acquisition, required permitting, required environmental
21   studies and mitigation, seismic studies or surveys, archaeological
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 1   studies or surveys, land surveying, site preparation, construction,
 2   reconstruction, rehabilitation, improvement, and installation of
 3   public improvements and other directly related costs; (b) purchasing,
 4   rehabilitating, retrofitting for energy efficiency, and constructing
 5   housing for the purpose of creating or preserving permanently
 6   affordable housing; (c) purchasing, rehabilitating, retrofitting for
 7   energy efficiency, and constructing child care facilities serving
 8   children and youth that are low-income, homeless, or in foster care;
 9   (d)   relocating,   maintaining,  and   operating   property  pending
10   construction of public improvements; (e) relocating utilities as a
11   result of public improvements; (f) financing public improvements,
12   including capitalized interest for up to six months following
13   completion of construction, legal and other professional services,
14   taxes,   insurance,   principal  and   interest   costs   on  general
15   indebtedness issued to finance public improvements, and any necessary
16   reserves for general indebtedness; (g) assessments incurred in
17   revaluing real property for the purpose of determining the tax
18   allocation base value that are in excess of costs incurred by the
19   assessor in accordance with the revaluation plan under chapter 84.41
20   RCW, and the costs of apportioning the taxes and complying with this
21   chapter and other applicable law; and (h) administrative expenses and
22   feasibility studies reasonably necessary and related to these costs,
23   including related costs that may have been incurred before adoption
24   of the ordinance authorizing the public improvements and the use of
25   tax increment financing to fund the costs of the public improvements.
26       (7) "Public improvements" means:
27       (a) Infrastructure improvements owned by a local government
28   within or outside of and serving the increment area that include:
29       (i) Street and road construction and maintenance;
30       (ii) Water and sewer system construction and improvements;
31       (iii) Sidewalks and streetlights;
32       (iv) Parking, terminal, and dock facilities;
33       (v) Park and ride facilities of a transit authority;
34       (vi) Park and community facilities and recreational areas;
35       (vii) Stormwater and drainage management systems;
36       (viii) Electric, broadband, or rail service; and
37       (ix) Mitigation of brownfields.
38       (b) Expenditures for any of the following purposes:
39       (i) Providing environmental analysis and mitigation, professional
40   management, planning, and promotion within the increment area,
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 1   including the management and promotion of retail trade activities in
 2   the increment area;
 3       (ii) Providing maintenance and security for common or public
 4   areas in the increment area;
 5       (iii) Relocation and construction of a government-owned facility,
 6   with written permission from the agency owning the facility and the
 7   office of financial management; or
 8       (iv) Historic preservation activities authorized under RCW
 9   35.21.395.
10       (8) "Regular property taxes" means regular property taxes as
11   defined in RCW 84.04.140, except: (a) Regular property taxes levied
12   by port districts or public utility districts specifically for the
13   purpose of making required payments of principal and interest on
14   general indebtedness; and (b) regular property taxes levied by the
15   state for the support of the common schools under RCW 84.52.065.
16   Regular property taxes do not include excess property tax levies that
17   are exempt from the aggregate limits for junior and senior taxing
18   districts as provided in RCW 84.52.043.
19       (9) "Tax allocation base value" means the true and fair value of
20   real property located within an increment area for taxes imposed in
21   the year in which the increment area is created.
22       (10) "Tax allocation revenues" means those tax revenues derived
23   from the imposition of regular property taxes on the increment value
24   and distributed to finance public improvements.
25       (11) "Taxing districts" means a governmental entity that levies
26   or has levied for it regular property taxes upon real property
27   located within a proposed or approved increment area.
28       (12) "Value of taxable property" means the value of the taxable
29   property as defined in RCW 39.36.015.

30       NEW SECTION. Sec. 2. (1) A local government may finance public
31   improvements using tax increment financing subject to the following
32   conditions:
33       (a) The local government must adopt an ordinance designating an
34   increment area within its boundaries and specifying the public
35   improvements proposed to be financed in whole or in part with the use
36   of tax increment financing;
37       (b) The increment area or combined increment areas cannot include
38   the area of the entire jurisdiction of the local government;


                                     p. 3                          SB 5211
 1       (c) A local government can have no more than three active
 2   increment areas at any given time and they may not physically overlap
 3   by including the same land in more than one increment area at any
 4   time;
 5       (d) An increment area under this section must be retired no more
 6   than 25 years after the adoption of the ordinance designating the
 7   increment area; and
 8       (e) The local government must make a finding that:
 9       (i) The public improvements proposed to be financed in whole or
10   in part using tax increment financing are expected to encourage
11   private development within the increment area and to increase the
12   fair market value of real property within the increment area;
13       (ii) Private development that is anticipated to occur within the
14   increment area as a result of the public improvements financed in
15   whole or in part using tax increment financing will be processed
16   consistent with the permitting jurisdiction's applicable zoning and
17   development standards;
18       (iii) The proposed development would not reasonably be expected
19   to occur solely through private investment within the reasonably
20   foreseeable future; and
21       (iv) The increased assessed value of the site that could
22   reasonably be expected to occur without the use of tax increment
23   financing would be less than the increase in the assessed value
24   estimated to result from the proposed development.
25       (2) Prior to establishing an increment area the local government
26   must complete a project analysis that shall include, but need not be
27   limited to, the following:
28       (a) A statement of objectives of the local government for the
29   public improvement project;
30       (b) A statement as to the property within the project, if any,
31   that the local government intends to acquire, identified by parcel
32   number, identifiable property name, block, or other appropriate means
33   indicating the area in which the local government intends to acquire
34   properties;
35       (c) The duration of the tax increment financing area;
36       (d) Identification of all parcels to be included in the area;
37       (e) A description of the private development and estimated value
38   of the project, and expected taxes generated;



                                     p. 4                          SB 5211
 1       (f) A description of the public infrastructure needs, estimated
 2   costs, and anticipated type and terms of the obligations to be
 3   issued;
 4       (g) The most recent assessed valuation of the property and an
 5   estimate of the value of the property after development;
 6       (h) An assessment of whether or not the private development would
 7   occur without tax increment financing;
 8       (i) An assessment of the project job creation from the
 9   development;
10       (j) An assessment of any impacts and any necessary mitigation to
11   address the impacts identified on the following:
12       (i) Affordable and low-income housing;
13       (ii) The local business community;
14       (iii) The local school districts; and
15       (iv) The local fire service.
16       (3) The local government may charge a private developer an
17   application fee sufficient to reimburse the staff time spent
18   preparing the project analysis and other administrative costs related
19   to establishing the tax increment financing increment area.
20       (4) Nothing in this section prohibits the local government from
21   entering into an agreement per chapter 39.34 RCW with another local
22   government for the administration or other activities related to tax
23   increment financing authorized under this section.


24       NEW SECTION. Sec. 3. (1) Public improvements that are financed
25   with tax increment financing may be undertaken and coordinated with
26   other programs or efforts undertaken by the local government and
27   other taxing districts and may be funded in part from revenue sources
28   other than tax increment financing.
29       (2) Public improvements that are constructed by a private
30   developer must meet all applicable state and local laws.


31       NEW SECTION. Sec. 4. The local government shall:
32       (1) Publish notice in a legal newspaper of general circulation
33   within the increment area that describes the public improvement,
34   describes the boundaries of the increment area, and identifies the
35   location and times where the ordinance and other public information
36   concerning the public improvement may be inspected; and



                                     p. 5                          SB 5211
1        (2) Deliver a certified copy of the ordinance to the county
2    treasurer, the county assessor, and the governing body of each taxing
3    district within which the increment area is located.


 4       NEW SECTION.    Sec. 5.     Apportionment of taxes shall be as
 5   follows:
 6       (1) Commencing in the calendar year following the passage of the
 7   ordinance, the county treasurer shall distribute receipts from
 8   regular taxes imposed on real property located in the increment area
 9   as follows:
10       (a) Each taxing district shall receive that portion of its
11   regular property taxes produced by the rate of tax levied by or for
12   the taxing district on the tax allocation base value for that tax
13   increment financing project in the taxing district;
14       (b) The local government that created the increment area shall
15   receive an additional portion of the regular property taxes levied by
16   or for each taxing district upon the increment value within the
17   increment area. The local government that created the increment area
18   may agree to receive less than the full amount of this portion as
19   long as bond debt service, reserve, and other bond covenant
20   requirements are satisfied, in which case the balance of these tax
21   receipts shall be allocated to the taxing districts that imposed
22   regular property taxes, or have regular property taxes imposed for
23   them, in the increment area for collection that year in proportion to
24   their regular tax levy rates for collection that year. The local
25   government may request that the treasurer transfer this additional
26   portion of the property taxes to its designated agent. The portion of
27   the tax receipts distributed to the local government or its agent
28   under this subsection (1)(b) may only be expended to finance public
29   improvement costs associated with the public improvements financed in
30   whole or in part by tax increment financing; and
31       (c) This section shall not apply to any portion of the property
32   tax levied by the state for the support of the common schools under
33   RCW 84.52.065.
34       (2) The apportionment of increases in assessed valuation in an
35   increment area, and the associated distribution to the local
36   government of receipts from regular property taxes that are imposed
37   on the increment value, must cease when tax allocation revenues are
38   no longer necessary or obligated to pay the costs of the public
39   improvements. Any excess tax allocation revenues and earnings on the
                                     p. 6                          SB 5211
 1   tax allocation revenues remaining at the time the apportionment of
 2   tax receipts terminates must be returned to the county treasurer and
 3   distributed to the taxing districts that imposed regular property
 4   taxes, or had regular property taxes imposed for it, in the increment
 5   area for collection that year, in proportion to the rates of their
 6   regular property tax levies for collection that year.
 7       (3) The apportionment and distribution of portions of the regular
 8   property taxes levied by or for each taxing district upon the
 9   increment value within the increment area pursuant to and subject to
10   the requirements of this chapter is declared to be a public purpose
11   of and benefit each such taxing district.
12       (4) The apportionment and distribution of portions of the regular
13   property taxes levied by or for each taxing district upon the
14   increment value within the increment area pursuant to this section
15   shall not affect or be deemed to affect the rate of taxes levied by
16   or within any such taxing district or the consistency of any such
17   levies with the uniformity requirement of Article VII, section 1 of
18   the state Constitution.


19       NEW SECTION. Sec. 6. (1) A local government designating a tax
20   increment financing area may incur general indebtedness, and issue
21   general obligation bonds, to finance the public improvements and
22   retire the indebtedness in whole or in part from tax allocation
23   revenues it receives, subject to the following requirements: The
24   ordinance adopted by the local government creating the increment area
25   and authorizing the use of tax increment financing indicates an
26   intent to incur this indebtedness and the maximum amount of this
27   indebtedness that is contemplated.
28       (2) The general indebtedness incurred under subsection (1) of
29   this section may be payable from other tax revenues, the full faith
30   and credit of the local government, and nontax income, revenues,
31   fees,   and  rents   from  the   public  improvements,  as   well  as
32   contributions, grants, and nontax money available to the local
33   government for payment of costs of the public improvements or
34   associated debt service on the general indebtedness.
35       (3) In addition to the requirements in subsection (1) of this
36   section, a local government designating an increment area and
37   authorizing the use of tax increment financing may require the
38   nonpublic participant to provide adequate security to protect the


                                     p. 7                          SB 5211
 1   public   investment   in   the   public   improvement   within   the   increment
 2   area.


3        NEW SECTION. Sec. 7. A direct or collateral attack on a public
4    improvement,   public  improvement   ordinance,  or   increment  area
5    purported to be authorized or created in conformance with applicable
6    legal requirements, including this chapter, may not be commenced more
7    than 30 days after publication of notice as required by section 4 of
8    this act.


 9       NEW SECTION. Sec. 8. (1) A local government may issue revenue
10   bonds to fund revenue-generating public improvements, or portions of
11   public improvements, that are located within an increment area and
12   that it is authorized to provide or operate. Whenever revenue bonds
13   are to be issued, the legislative authority of the local government
14   shall create or have created a special fund or funds from which,
15   along with any reserves created pursuant to RCW 39.44.140, the
16   principal and interest on these revenue bonds shall exclusively be
17   payable. The legislative authority of the local government may
18   obligate the local government to set aside and pay into the special
19   fund or funds a fixed proportion or a fixed amount of the revenues
20   from the public improvements that are funded by the revenue bonds.
21   This amount or proportion is a lien and charge against these
22   revenues, subject only to operating and maintenance expenses. The
23   local government shall have due regard for the cost of operation and
24   maintenance of the public improvements that are funded by the revenue
25   bonds, and shall not set aside into the special fund or funds a
26   greater amount or proportion of the revenues that in its judgment
27   will be available over and above the cost of maintenance and
28   operation and the amount or proportion, if any, of the revenue
29   previously pledged. The local government may also provide that
30   revenue bonds payable out of the same source or sources of revenue
31   may later be issued on a parity with any revenue bonds being issued
32   and sold.
33       (2) Revenue bonds issued under this section are not an
34   indebtedness of the local government issuing the bonds, and the
35   interest and principal on the bonds shall only be payable from the
36   revenues lawfully pledged to meet the principal and interest
37   requirements and any reserves created pursuant to RCW 39.44.140. The
38   owner or bearer of a revenue bond or any interest coupon issued under
                                           p. 8                               SB 5211
 1   this section shall not have any claim against the local government
 2   arising from the bond or coupon except for payment from the revenues
 3   lawfully pledged to meet the principal and interest requirements and
 4   any reserves created pursuant to RCW 39.44.140. The substance of the
 5   limitations included in this subsection shall be plainly printed,
 6   written, or engraved on each bond issued under this section.
 7       (3) Revenue bonds with a maturity in excess of 30 years shall not
 8   be issued under this section.
 9       (4) The legislative authority of the local government shall by
10   resolution determine for each revenue bond issue the amount, date,
11   form, terms, conditions, denominations, maximum fixed or variable
12   interest rate or rates, maturity or maturities, redemption rights,
13   registration privileges, manner of execution, manner of sale,
14   callable provisions, if any, and covenants including the refunding of
15   existing revenue bonds. Facsimile signatures may be used on the bonds
16   and any coupons. Refunding revenue bonds may be issued in the same
17   manner as revenue bonds are issued.


18       NEW SECTION.    Sec. 9.    This chapter supplements and neither
19   restricts nor limits any powers that the state or any local
20   government might otherwise have under any laws of this state.


21       Sec. 10.   RCW 84.55.010 and 2017 3rd sp.s. c 13 s 302 are each
22   amended to read as follows:
23       (1) Except as provided in this chapter, the levy for a taxing
24   district in any year must be set so that the regular property taxes
25   payable in the following year do not exceed the limit factor
26   multiplied by the amount of regular property taxes lawfully levied
27   for such district in the highest of the three most recent years in
28   which such taxes were levied for such district plus an additional
29   dollar amount calculated by multiplying the regular property tax levy
30   rate of that district for the preceding year by the increase in
31   assessed value in that district resulting from:
32       (a) New construction;
33       (b) Increases in assessed value due to construction of wind
34   turbine,   solar,  biomass,   and  geothermal   facilities,  if  such
35   facilities generate electricity and the property is not included
36   elsewhere under this section for purposes of providing an additional
37   dollar amount. The property may be classified as real or personal
38   property;
                                     p. 9                          SB 5211
 1       (c) Improvements to property; ((and))
 2       (d) Any increase in the assessed value of state-assessed
 3   property; and
 4       (e) Any increase in the assessed value within a tax increment
 5   area as established by any local government in section 2 of this act
 6   provided that such increase is not included elsewhere under this
 7   section. The property may be classified as real or personal property.
 8       (2) The requirements of this section do not apply to:
 9       (a) State property taxes levied under RCW 84.52.065(1) for
10   collection in calendar years 2019 through 2021; and
11       (b) State property taxes levied under RCW 84.52.065(2) for
12   collection in calendar years 2018 through 2021.

13       NEW SECTION.    Sec. 11.     Sections   1   through   9   of   this   act
14   constitute a new chapter in Title 39 RCW.


15       NEW SECTION.    Sec. 12.   If any provision of this act or its
16   application to any person or circumstance is held invalid, the
17   remainder of the act or the application of the provision to other
18   persons or circumstances is not affected.

                                  --- END ---




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