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 projects in RCW 82.14.505.
(2) "Assessed value" means the valuation of taxable real
property as placed on the last completed assessment roll.
(3) "Bond" means a bond, a note or other evidence of
indebtedness, including but not limited to a lease-purchase
agreement or an executory conditional sales contract.
(4) "Department" means the department of revenue.
(5) "Fiscal year" means the twelve-month period beginning
July 1st and ending the following June 30th.
(6) "Local government" means any city, town, county, and
port district.
(7) "Local property tax allocation revenue" means those tax
revenues derived from the receipt of regular property taxes
levied on the property tax allocation revenue value and used for
local revitalization financing.
(8) "Local revitalization financing" means the use of
revenues from local public sources, dedicated to pay the
principal and interest on bonds authorized under RCW 39.104.110
and public improvement costs within the revitalization area on a
pay-as-you-go basis, and revenues received from the local option
sales and use tax authorized in RCW 82.14.510, dedicated to pay
the principal and interest on bonds authorized under RCW 39.104.110.
(9) "Local sales and use tax increment" means the estimated
annual increase in local sales and use taxes as determined by the
local government in the calendar years following the approval of
the revitalization area by the department from taxable activity
within the revitalization area.
(10) "Local sales and use taxes" means local revenues
derived from the imposition of sales and use taxes authorized in
RCW 82.14.030.
(11) "Ordinance" means any appropriate method of taking
legislative action by a local government.
(12) "Participating local government" means a local
government having a revitalization area within its geographic
boundaries that has taken action as provided in RCW 39.104.070(1)
to allow the use of all or some of its local sales and use tax
increment or other revenues from local public sources dedicated
for local revitalization financing.
(13) "Participating taxing district" means a taxing district
that:
(a) Has a revitalization area wholly or partially within its
geographic boundaries;
(b) Levies or has levied for it regular property taxes as
defined in this section; and
(c) Has not taken action as provided in RCW 39.104.060(2).
(14) "Property tax allocation revenue base value" means the
assessed value of real property located within a revitalization
area, less the property tax allocation revenue value.
(15)(a)(i) "Property tax allocation revenue value" means
seventy-five percent of any increase in the assessed value of
real property in a revitalization area resulting from:
(A) The placement of new construction, improvements to
property, or both, on the assessment roll, where the new
construction and improvements are initiated after the
revitalization area is approved by the department;
(B) The cost of new housing construction, conversion, and
rehabilitation improvements, when the cost is treated as new
construction for purposes of chapter 84.55 RCW as provided in RCW 84.14.020, and the new housing construction, conversion, and
rehabilitation improvements are initiated after the
revitalization area is approved by the department;
(C) The cost of rehabilitation of historic property, when
the cost is treated as new construction for purposes of chapter 84.55 RCW as provided in RCW 84.26.070, and the rehabilitation is
initiated after the revitalization area is approved by the
department.
(ii) Increases in the assessed value of real property in a
revitalization area resulting from (a)(i)(A) through (C) of this
subsection are included in the property tax allocation revenue
value in the initial year. These same amounts are also included
in the property tax allocation revenue value in subsequent years
unless the property becomes exempt from property taxation.
(b) "Property tax allocation revenue value" includes
seventy-five percent of any increase in the assessed value of new
construction consisting of an entire building in the years
following the initial year, unless the building becomes exempt
from property taxation.
(c) Except as provided in (b) of this subsection, "property
tax allocation revenue value" does not include any increase in
the assessed value of real property after the initial year.
(d) There is no property tax allocation revenue value if the
assessed value of real property in a revitalization area has not
increased as a result of any of the reasons specified in
(a)(i)(A) through (C) of this subsection.
(e) For purposes of this subsection, "initial year" means:
(i) For new construction and improvements to property added
to the assessment roll, the year during which the new
construction and improvements are initially placed on the
assessment roll;
(ii) For the cost of new housing construction, conversion,
and rehabilitation improvements, when the cost is treated as new
construction for purposes of chapter 84.55 RCW, the year when the
cost is treated as new construction for purposes of levying taxes
for collection in the following year; and
(iii) For the cost of rehabilitation of historic property,
when the cost is treated as new construction for purposes of
chapter 84.55 RCW, the year when such cost is treated as new
construction for purposes of levying taxes for collection in the
following year.
(16) "Public improvement costs" means the costs of:
(a) Design, planning, acquisition, including land
acquisition, site preparation including land clearing,
construction, reconstruction, rehabilitation, improvement, and
installation of public improvements;
(b) Demolishing, relocating, maintaining, and operating
property pending construction of public improvements;
(c) Relocating utilities as a result of public improvements;
(d) Financing public improvements, including interest during
construction, legal and other professional services, taxes,
insurance, principal and interest costs on general indebtedness
issued to finance public improvements, and any necessary reserves
for general indebtedness; and
(e) Administrative expenses and feasibility studies
reasonably necessary and related to these costs, including
related costs that may have been incurred before adoption of the
ordinance authorizing the public improvements and the use of
local revitalization financing to fund the costs of the public
improvements.
(17) "Public improvements" means:
(a) Infrastructure improvements within the revitalization
area that include:
(i) Street, road, bridge, and rail construction and
maintenance;
(ii) Water and sewer system construction and improvements;
(iii) Sidewalks, streetlights, landscaping, and
streetscaping;
(iv) Parking, terminal, and dock facilities;
(v) Park and ride facilities of a transit authority;
(vi) Park facilities, recreational areas, and environmental
remediation;
(vii) Storm water and drainage management systems;
(viii) Electric, gas, fiber, and other utility
infrastructures; and
(b) Expenditures for any of the following purposes:
(i) Providing environmental analysis, professional
management, planning, and promotion within the revitalization
area, including the management and promotion of retail trade
activities in the revitalization area;
(ii) Providing maintenance and security for common or public
areas in the revitalization area; or
(iii) Historic preservation activities authorized under RCW 35.21.395.
(18) "Real property" has the same meaning as in RCW 84.04.090 and also includes any privately owned improvements
located on publicly owned land that are subject to property
taxation.
(19)(a) "Regular property taxes" means regular property
taxes as defined in RCW 84.04.140, except: (i) Regular property
taxes levied by public utility districts specifically for the
purpose of making required payments of principal and interest on
general indebtedness; (ii) regular property taxes levied by the
state for the support of common schools under RCW 84.52.065; and
(iii) regular property taxes authorized by RCW 84.55.050 that are
limited to a specific purpose.
(b) "Regular property taxes" do not include:
(i) Excess property tax levies that are exempt from the
aggregate limits for junior and senior taxing districts as
provided in RCW 84.52.043; and
(ii) Property taxes that are specifically excluded through
an interlocal agreement between the sponsoring local government
and a participating taxing district as set forth in RCW 39.104.060(3).
(20)(a) "Revenues from local public sources" means:
(i) The local sales and use tax amounts received as a result
of interlocal agreement, local sales and use tax amounts from
sponsoring local governments based on its local sales and use tax
increment, and local property tax allocation revenues, which are
dedicated by a sponsoring local government, participating local
governments, and participating taxing districts, for payment of
bonds under RCW 39.104.110 or public improvement costs within the
revitalization area on a pay-as-you-go basis; and
(ii) Any other local revenues, except as provided in (b) of
this subsection, including revenues derived from federal and
private sources and amounts received by taxing districts as set
forth by an interlocal agreement as described in RCW 39.104.060(4), which are dedicated for the payment of bonds under
RCW 39.104.110 or public improvement costs within the
revitalization area on a pay-as-you-go basis.
(b) Revenues from local public sources do not include any
local funds derived from state grants, state loans, or any other
state moneys including any local sales and use taxes credited
against the state sales and use taxes imposed under chapter 82.08 or 82.12 RCW.
(21) "Revitalization area" means the geographic area adopted
by a sponsoring local government and approved by the department,
from which local sales and use tax increments are estimated and
property tax allocation revenues are derived for local
revitalization financing.
(22) "Sponsoring local government" means a city, town,
county, or any combination thereof, that adopts a revitalization
area.
(23) "State contribution" means the lesser of:
(a) Five hundred thousand dollars;
(b) The project award amount approved by the department as
provided in RCW 39.104.100 or 82.14.505; or
(c) The total amount of revenues from local public sources
dedicated in the preceding calendar year to the payment of
principal and interest on bonds issued under RCW 39.104.110 and
public improvement costs within the revitalization area on a
pay-as-you-go basis. Revenues from local public sources
dedicated in the preceding calendar year that are in excess of
the project award may be carried forward and used in later years
for the purpose of this subsection (23)(c).
(24) "State property tax increment" means the estimated
amount of annual tax revenues estimated to be received by the
state from the imposition of property taxes levied by the state
for the support of common schools under RCW 84.52.065 on the
property tax allocation revenue value, as determined by the
sponsoring local government in an application under RCW 39.104.100 and updated periodically as required in RCW 82.32.765.
(25) "State sales and use tax increment" means the estimated
amount of annual increase in state sales and use taxes to be
received by the state from taxable activity within the
revitalization area in the years following the approval of the
revitalization area by the department as determined by the
sponsoring local government in an application under RCW 39.104.100 and updated periodically as required in RCW 82.32.765.
(26) "State sales and use taxes" means state retail sales
and use taxes under RCW 82.08.020(1) and 82.12.020 at the rate
provided in RCW 82.08.020(1), less the amount of tax
distributions from all local retail sales and use taxes, other
than the local sales and use taxes authorized by RCW 82.14.510
for the applicable revitalization area, imposed on the same
taxable events that are credited against the state retail sales
and use taxes under RCW 82.08.020(1) and 82.12.020.
(27) "Taxing district" means a government entity that levies
or has levied for it regular property taxes upon real property
located within a proposed or approved revitalization area.
[2010 c 164 § 1; 2009 c 270 § 102.]