AN ACT Relating to creating uniformity for the process by which cities planning under the growth management act implement real estate excise taxes;
Bill Description
Creating uniformity for the process by which cities planning under the growth management act implement real estate excise taxes.
What this bill does Powered by Legitron
The bill reenacts and amends RCW 82.46.035 to authorize counties and cities that plan under RCW 36.70A.040(1) to impose an additional real estate excise tax of up to 0.25 percent on each sale of real property in the county’s unincorporated areas or the city’s corporate limits. Revenues from that tax must be used solely for capital projects identified in the jurisdiction’s capital facilities plan element, including public works such as streets and utilities, parks, certain airports (with specified inclusion criteria and an exclusion for fuel system work to distribute leaded fuel), facilities for those experiencing homelessness, affordable housing projects, and any uses allowed under RCW 82.46.010.
The amendment preserves the ability to continue using revenues that were pledged or committed prior to March 1, 1992 for their original debt retirement or project completion. It allows use of funds for homeless and affordable housing facilities when supported through an interlocal housing collaboration under chapter 39.34 RCW, but generally limits such uses to the greater of $100,000 or 25 percent of available funds unless the jurisdiction used these revenues for homeless housing prior to June 30, 2019. Jurisdictions using funds for those housing projects must document in their plan under RCW 36.70A.070(3) that they have funds for the next two years for capital projects in the streets/roads and parks categories.
The bill also provides a procedural enforcement mechanism: a county’s or city’s authority to impose the additional excise tax is temporarily rescinded if the governor files a notice of noncompliance under RCW 36.70A.340 and remains rescinded until the governor files a rescinding notice. Affected parties include counties and cities that plan under the referenced GMA provision, parties to real property sales within those jurisdictions, interlocal housing collaborations, and agencies referenced for aviation and federal enplanement data. The extracted text appears to be a single amended reenactment of RCW 82.46.035; the document does not include an effective date, other bill sections if any, or clear information about changes to prior voter-authorization language, so those details are uncertain.
Why it matters Powered by Legitron
If enacted, counties and cities that plan under the Growth Management Act would be able to add up to a 0.25% excise tax on each real property sale inside their boundaries, and must identify in their adopted budgets which capital projects those tax proceeds will fund and note the tax is intended to supplement, not replace, other funds. Practically, that gives those local governments a dedicated new revenue source for public works—streets, water and sewer, parks, certain airports, and capital projects for people experiencing homelessness and affordable housing—but it also creates a new cost for buyers/sellers and a new budgeting and reporting responsibility for local legislative authorities.
Local governments choosing to use the money for homelessness or affordable housing must limit such use to the greater of $100,000 or 25% of available funds (unless they were already using these revenues for homeless housing before June 30, 2019) and must show in planning documents that they will still have funds for core street and park projects for the next two years. Revenues already pledged or committed before March 1, 1992 continue under their original terms, and the governor can temporarily suspend a jurisdiction’s authority to impose the tax by filing a notice of noncompliance; the bill text does not include an effective date or other procedural details, so timing and some implementation mechanics are unclear.