reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.005 - Findings.

RCW 36.145.005
Findings.
The legislature finds that:
(1) The state is projected to experience substantial population growth in the next two decades and this growth will require substantial new housing, places of employment, community facilities, and supporting local, subregional, and regional infrastructure;
(2) In most areas of the state projected to accommodate substantial growth, there are inadequate community facilities and infrastructure to facilitate and support such growth. In addition, current public financing options and resources are not adequate to provide the needed community facilities and local, subregional, and regional infrastructure;
(3) A more flexible type of financing mechanism known as a community facilities district should be available to counties, cities, and towns so that needed community facilities and local, subregional, and regional infrastructure can be provided;
(4) This chapter is intended to facilitate voluntary landowner financing of community facilities and local, subregional, and regional infrastructure by authorizing the creation of community facilities districts, while creating jobs and facilitating economic development; and
(5) It is in the interest of the people of the state of Washington to authorize the establishment of community facility [facilities] districts as independently governed, special purpose districts, vested with the corporate authority included under Article VII, section 9 of the state Constitution to make local improvements in accordance with this chapter and to carry out the purposes specifically authorized under this chapter.
[ 2010 c 7 § 101.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.010 - Definitions.

RCW 36.145.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board of supervisors" or "board" means the governing body of a community facilities district.
(2) "Community facilities district" or "district" means a district created under this chapter.
(3) "Facility" or "facilities" means the local improvements included under RCW 36.145.100.
(4) "Legislative authority" means the governing body of a county, city, or town to which a petition or amended petition is submitted.
(a) If the proposed district is located entirely within unincorporated land, then the county is the exclusive "legislative authority" for purposes of approving formation of the district under RCW 36.145.020 through 36.145.070, inclusive, and RCW 36.145.080.
(b) If all or a portion of the proposed district is located within unincorporated land that is entirely surrounded by an incorporated city or town, then the "legislative authority" for purposes of approving formation of the district under RCW 36.145.020 through 36.145.070, inclusive, and RCW 36.145.080 includes the governing bodies of the county and the city or town surrounding the unincorporated land.
(c) If the proposed district is located entirely within incorporated land, then the city or town is the exclusive "legislative authority" for purposes of this chapter, and all powers and responsibilities of a county under this chapter must be exercised by that city or town.
(5) "Petition" means a request, meeting the requirements of RCW 36.145.020, made by landowners to form a community facilities district and to voluntarily submit their land to the assessments authorized under this chapter and includes an amended petition meeting the requirements of RCW 36.145.020(3).
(6) "Special assessment" means an assessment imposed in accordance with the requirements of this chapter.
[ 2010 c 7 § 102.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.030 - Public hearing on petition—When held.

RCW 36.145.030
Public hearing on petition—When held.
A public hearing on the petition for formation of a district must be held by each applicable legislative authority, not less than thirty, but not more than sixty days, from the date that the lead county auditor issues the certificate of sufficiency required under RCW 36.145.020.
[ 2010 c 7 § 202.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.040 - Public hearing on petition—Notice requirements.

RCW 36.145.040
Public hearing on petition—Notice requirements.
Notice of all public hearings must include a description of the proposal, be mailed to all petitioners, and must be published once a week for three consecutive weeks in the official paper for each applicable legislative authority, prior to the date set for the hearing. The notice must be posted for not less than fifteen days prior to the date of the hearing in each of three public places within the boundaries of the proposed district and in three public places for each applicable legislative authority. Each notice must contain the time, date, and place of the public hearing.
[ 2010 c 7 § 203.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.050 - Receipt of material evidence—Inclusion and removal of land.

RCW 36.145.050
Receipt of material evidence—Inclusion and removal of land.
At the time and place of the public hearing, the legislative authority must consider the petition. The legislative authority may receive any evidence it deems material that supports or opposes the formation of the district, including the inclusion or exclusion of land. Unless an amended petition satisfying the requirements of RCW 36.145.020 is approved in accordance with the requirements of this chapter, no land outside the boundaries described in the petition may be included within the proposed district. No land inside the boundaries of an approved petition may be removed from the district unless an amended petition satisfying the requirements of RCW 36.145.020 is approved in accordance with the requirements of this chapter.
[ 2010 c 7 § 204.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.060 - Approval of petition—Requirements.

RCW 36.145.060
Approval of petition—Requirements.
(1) The legislative authority may act on the petition to form a community facilities district at the public hearing held under RCW 36.145.050 and in no event may the legislative authority's decision be issued later than thirty days after the day of the public hearing. The applicable legislative authority may approve the petition by resolution if the applicable legislative authority determines, in its sole discretion, that the petitioners will benefit from the proposed district and that the formation of the district will be in the best interest of the county, city or town, as applicable, and that formation of the district is consistent with the requirements of Washington's growth management act.
(2) A community facilities district may not be formed unless each applicable legislative authority makes the finding required under subsection (1) of this section.
(3) All resolutions approving a petition must conform to the terms and conditions contained in the petition, including the maximum amounts of special assessments set forth in the petition, and must designate the name and number of the community facilities district being formed.
[ 2010 c 7 § 205.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.070 - Appeals to formation.

RCW 36.145.070
Appeals to formation.
(1) Any person who objects to formation of the district may appeal the final decision of a legislative authority to approve a petition for formation of a community facilities district by filing an appeal with the superior court of the county in which any part of the district is located within thirty days of the effective date of the resolution approving formation of the district.
(2) If no appeal is timely filed, then the legislative authority's decision is deemed valid, complete, and final, and neither the legal existence of the district, nor the terms and conditions of an approved petition can thereafter be challenged or questioned by any person on the grounds of procedural defect or otherwise. Certified copies of each resolution approving a district must be filed with the auditor of the county or counties in which the community facilities district is located.
[ 2010 c 7 § 206.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.090 - Powers.

RCW 36.145.090
Powers.
(1) A community facilities district created in accordance with this chapter is an independently governed, special purpose district, vested with the corporate authority included under Article VII, section 9 of the state Constitution to make local improvements by special assessment in accordance with this chapter. Nothing in this chapter exempts the public improvements and facilities provided by a district from the regulatory and land use permitting requirements of the county, city, or town in which the improvements are to be located.
(2) Subject to the terms and conditions of an approved petition, a community facilities district has the powers necessary to carry out the specific purposes authorized under this chapter in order to carry out the specific objectives, plan, and facilities identified in the approved petition including, but not limited to, the authority to:
(a) Acquire, purchase, hold, lease, finance, manage, occupy, construct, and sell real and personal property, facilities, or any interest therein, either inside or outside of the boundaries of the district, except that any such property, facilities, or interests outside the boundaries of the district must directly serve facilities or benefit properties within the district;
(b) Finance and construct facilities authorized under this chapter;
(c) Enter into and perform any and all contracts;
(d) Levy and enforce the collection of special assessments against the property included within a district;
(e) Enter into lease-purchase agreements with or without an option to purchase;
(f) Enter into executory conditional sales contracts, leases, and installment promissory notes;
(g) Borrow money to the extent and in the manner authorized by this chapter;
(h) Hold in trust property useful to accomplishment of the authority granted under this chapter;
(i) Issue revenue bonds in accordance with chapter 39.46 RCW and assessment bonds in accordance with chapter 35.45 RCW, and the requirements of this chapter, payable from revenue or assessments, respectively, of the district that is legally available to be pledged to secure the bonds;
(j) Contract with any municipal corporation, governmental, or private agencies to carry out the purposes authorized by this chapter;
(k) Sue and be sued;
(l) Accept and receive on behalf of the district any money or property donated, devised, or bequeathed to the district and carry out the terms of the donation, devise, or bequest, if it is within the powers granted by law to community facilities districts or, in the absence of such terms, expend or use the money or property for district purposes as determined by the board of supervisors;
(m) Transfer to any county, city, or other municipal corporation, without compensation, any property or other assets of the district; and
(n) Do any and all lawful acts required and expedient to carry out the express authority provided in this chapter.
[ 2010 c 7 § 401.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.120 - Payment of bonds—Related costs.

RCW 36.145.120
Payment of bonds—Related costs.
(1) The district may utilize the special assessments and revenue derived in accordance with this chapter for the payment of principal and interest on bonds issued pursuant to the authority granted under this chapter to fund or reimburse the costs of facilities authorized under this chapter and prior to the issuance of bonds, may utilize the revenue to directly fund the costs of providing the facilities authorized under this chapter on a pay-as-you-go basis.
(2) The board of supervisors may establish, administer, and pay or otherwise dedicate, pledge, or obligate the assessments and revenue generated in accordance with this chapter into a specific fund created by or on behalf of the district, in order to guarantee payment of obligations incurred in connection with facilities provided under this chapter, including the payment of principal and interest on any bonds issued by or on behalf of the district.
(3) The proceeds of any bond issued pursuant to this chapter may be used to pay any and all costs related to providing the facilities authorized under this chapter, including expenses incurred in connection with issuance of the bonds.
(4) The reporting requirements of RCW 39.44.210 apply to any bond issuance under this chapter.
[ 2010 c 7 § 503.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.130 - Bonds sole obligation of district.

RCW 36.145.130
Bonds sole obligation of district.
No bonds issued by or on behalf of a community facilities district are obligations of any city, town, county, or the state of Washington or any political subdivision thereof other than the district and the bonds must so state.
[ 2010 c 7 § 504.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.140 - District treasurer—How appointed, duties and powers.

RCW 36.145.140
District treasurer—How appointed, duties and powers.
(1) If a district includes land that is entirely within a county and the land is not surrounded entirely by a city or town, then the treasurer of that county is the treasurer of the district. If a district includes land that is entirely within a county and the land is entirely surrounded by a city or town, or, if parts of the district include land within or surrounded by more than one jurisdiction, then the board of supervisors may, with the concurrence of the treasurers of all jurisdictions within which the district lies, appoint the treasurer of any of those jurisdictions to serve as the district treasurer. Except as specifically provided under this chapter, the duties of a district treasurer are as provided under applicable law.
(2) The district treasurer must establish a community facilities district fund, into which must be paid all district revenues. The district treasurer must also maintain any special funds created by the board of supervisors of the community facilities district, into which the district treasurer must place all money as the board of supervisors may, by resolution, direct. The treasurer may create such subfunds, accounts, and subaccounts as he or she deems necessary, consistent with applicable law.
(3) The district treasurer must pay assessment bonds and revenue bonds and the accrued interest thereon in accordance with their terms from the appropriate fund when interest or principal payments become due.
(4) All interest collected on community facilities district funds belongs to the district and must be deposited to its credit in the proper district funds.
[ 2010 c 7 § 505.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.145 - Community Facilities Districts. › 36.145.150 - Individual assessments on district property—Liens.

RCW 36.145.150
Individual assessments on district property—Liens.
All assessments imposed on the respective lots, tracts, parcels of land, and other property included within the boundaries of an approved district in accordance with this chapter are a lien upon the property from the date of final approval and are paramount and superior to any other lien or encumbrance whatsoever, theretofore or thereafter created, except a lien for general taxes.
[ 2010 c 7 § 601.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.010 - County assumption of county ferry district authority.

RCW 36.150.010
County assumption of county ferry district authority.
Any county with a population of one million or more in which a county ferry district has been established pursuant to RCW 36.54.110 through 36.54.190 with boundaries coterminous with the boundaries of the county may by ordinance or resolution of the county legislative authority assume the rights, powers, functions, and obligations of the county ferry district in accordance with this chapter.
[ 2014 c 51 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.020 - Initiation of county assumption.

RCW 36.150.020
Initiation of county assumption.
The assumption of the rights, powers, functions, and obligations of a county ferry district may be initiated by the adoption of an ordinance or a resolution by the county legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations. If the county legislative authority adopts such an ordinance or a resolution of intention, the ordinance or resolution must set a time and place at which the county legislative authority will consider the proposed assumption of the rights, powers, functions, and obligations of the county ferry district, and must state that all persons interested may appear and be heard. The ordinance or resolution of intention must be published at least two times during the two weeks preceding the scheduled hearing in newspapers of daily general circulation printed or published in the county in which the county ferry district is to be located.
[ 2014 c 51 § 2.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.030 - Consideration of county assumption—Public hearing.

RCW 36.150.030
Consideration of county assumption—Public hearing.
At the time scheduled for the hearing in the ordinance or resolution of intention, the county legislative authority must consider the assumption of the rights, powers, functions, and obligations of the county ferry district and hear those appearing and all protests and objections to it. The county legislative authority may continue the hearing from time to time, not exceeding sixty days in all.
[ 2014 c 51 § 3.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.040 - Satisfaction of public interest or welfare—Declaration of county assumption—Vesting of authority—Abolishment of county ferry district governing body.

RCW 36.150.040
Satisfaction of public interest or welfare—Declaration of county assumption—Vesting of authority—Abolishment of county ferry district governing body.
(1) If, after receiving testimony, the county legislative authority determines that the public interest or welfare would be satisfied by the county assuming the rights, powers, immunities, functions, and obligations of the county ferry district, the county legislative authority may declare that to be its intent and assume such rights, powers, immunities, functions, and obligations by ordinance or resolution, providing that the county is vested with every right, power, immunity, function, and obligation currently granted to or possessed by the county ferry district pursuant to RCW 36.54.110 through 36.54.190. However, in exercising such rights, powers, immunities, functions, and obligations, all actions must be taken in the name of the county and title to all property or property rights vest in the county.
(2) Upon assumption of the rights, powers, immunities, functions, and obligations of the county ferry district by the county: The governing body established pursuant to RCW 36.54.110(5) must be abolished; RCW 36.54.110(5) does not apply to the county; and the county legislative authority is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the county ferry district. However, in any county with a home rule charter, such rights, powers, functions, and obligations vest in accordance with the executive and legislative responsibilities defined in such charter.
[ 2014 c 51 § 4.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.060 - Preservation of existing rights, proceedings, and actions—Levies.

RCW 36.150.060
Preservation of existing rights, proceedings, and actions—Levies.
No transfer of any function made pursuant to this chapter may be construed to impair or alter any existing rights acquired under RCW 36.54.110 through 36.54.190 or any other provision of law relating to county ferry districts, nor as impairing or altering any actions, activities, or proceedings validated thereunder, nor as impairing or altering any civil or criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the assumption of control of any county ferry district function by a county, nor any transfer of rights, powers, functions, and obligations as provided in this chapter, may impair or alter the validity of any act performed by such county ferry district or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by any county as authorized by this chapter. Furthermore, an ad valorem property tax levy upon real and personal property authorized under RCW 36.54.130 and levied by a county as authorized under this chapter must be treated as a levy by a county ferry district for all purposes including, but not limited to, limitations on levies contained in RCW 84.52.043.
[ 2014 c 51 § 6.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.070 - Continuation of rules, regulations, and pending business—Performance of contracts—Validity of official acts.

RCW 36.150.070
Continuation of rules, regulations, and pending business—Performance of contracts—Validity of official acts.
(1) All rules and regulations, and all pending business before the board of any county ferry district transferred pursuant to this chapter[,] must be continued and acted upon by the county.
(2) All existing contracts and obligations of the transferred county ferry district remain in full force and effect , and must be performed by the county. A transfer authorized in this chapter does not affect the validity of any official act performed by any official or employee prior to the transfer authorized pursuant to this chapter.
[ 2014 c 51 § 7.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.080 - Transfer of county ferry district real and personal property—Assumption of appropriations and federal grants.

RCW 36.150.080
Transfer of county ferry district real and personal property—Assumption of appropriations and federal grants.
(1) When the rights, powers, functions, and obligations of a county ferry district are transferred pursuant to this chapter, all real and personal property owned by the county ferry district becomes that of the county.
(2) All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions transferred pursuant to this chapter and available to the county ferry district must be made available to the county.
(3) All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the rights, powers, functions, and obligations transferred under this chapter and available to the county ferry district must be made available to the county.
(4) All funds, credits, or other assets held in connection with powers, duties, and functions transferred under this chapter must be assigned to the county.
(5) Any appropriations or federal grant made to the county ferry district for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by a county pursuant to this chapter, on the effective date of such transfer, must be credited to the county for the purpose of carrying out such transferred rights, powers, functions, and obligations.
[ 2014 c 51 § 8.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.150 - County Ferry Districts—County Assumption. › 36.150.090 - Assumption and payment of county ferry district indebtedness.

RCW 36.150.090
Assumption and payment of county ferry district indebtedness.
(1) The county must assume and agree to provide for the payment of all of the indebtedness of the county ferry district, including the payment and retirement of outstanding general obligation and revenue bonds issued by the county ferry district. Until the indebtedness of a county ferry district assumed by a county under this chapter has been discharged, all property within the boundaries of the county ferry district and the owners and occupants of that property continue to be liable for taxes, special assessments, and other charges legally pledged to pay the indebtedness of the county ferry district. The county must assume the obligation of causing the payment of such indebtedness, collecting such taxes, assessments, and charges, and observing and performing the other contractual obligations of the county ferry district. The legislative authority of the county must act in the same manner as the governing body of the county ferry district for the purpose of certifying the amount of any property tax to be levied and collected therein, and may cause service and other charges and assessments to be collected from such property or owners or occupants thereof, enforce such collection, and perform all acts necessary to ensure performance of the contractual obligations of the county ferry district in the same manner and by the same means as if the property of the county ferry district had not been acquired by the county.
(2) When a county assumes the obligation of paying indebtedness of a county ferry district and if property taxes or assessments have been levied and service and other charges have accrued for such purpose but have not been collected by the county ferry district prior to such assumption, the same when collected must belong and be paid to the county and be used by such county so far as necessary for payment of the indebtedness of the county ferry district existing and unpaid on the date such county assumed that indebtedness. Any funds received by the county that have been collected for the purpose of paying any bonded or other indebtedness of the county ferry district must be used for the purpose for which they were collected and for no other purpose until such indebtedness has been paid and retired or adequate provision has been made for such payment and retirement. Any funds remaining after the payment and retirement of such indebtedness must be used solely for carrying out the rights, powers, functions, and obligations of the county ferry district assumed by the county. The transfer of property as provided in this chapter does not derogate from the claims or rights of the creditors of the county ferry district or impair the ability of the county ferry district to respond to its debts and obligations.
[ 2014 c 51 § 9.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.010 - Findings—Intent.

RCW 36.160.010
Findings—Intent.
(1) The legislature finds that:
(a) Many Washington cities and counties and their residents are experiencing the lingering effects of the recession. While there are many residents who have been able to successfully weather the economic downturn, unfortunately there are still individuals, families, and valued community organizations who have not. Local governments also have not been immune to this situation. Local government revenues have continued to lag behind economic growth, leaving local communities unable to make adequate and necessary investments in infrastructure and services their residents rely on and benefit from. Additional fiscal tools that provide funding for facilities, services, housing, and programs benefiting vulnerable populations as well as cultural organizations will enable local communities and their residents to choose to invest in their local institutional and human infrastructure to the benefit of the public.
(b) There is a demonstrated need for facilities and services in the community to help people with mental illness, individuals with developmental disabilities, and other vulnerable populations, including foster children, homeless families, veterans, and others in critical need. The need includes, but is not limited to, funding for mental health services, evaluation and treatment facilities, housing, and other projects and services for those in need.
(c) There is also a need to provide public and educational benefits and economic support for cultural organizations. Providing local support for the state's cultural organizations is in the public interest and will serve multiple public purposes including, among others, enhancing and extending the education reach and offerings of cultural organizations; ensuring continued and expanded access to the facilities and programs of cultural organizations by economically and geographically underserved populations; and providing financial stability to the organizations to continue and extend the numerous public benefits they provide.
(2) It is the intent of the legislature to provide local governments and the communities they serve the fiscal tools needed to provide these important services.
[ 2015 3rd sp.s. c 24 § 101.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.030 - Cultural access program—Creation.

RCW 36.160.030
Cultural access program—Creation.
(1) Any county legislative authority may create a cultural access program by ordinance.
(2) Any contiguous group of counties may create a program by entering into an interlocal agreement under chapter 39.34 RCW, approved by resolution of the county legislative authorities.
(3) A city may create a cultural access program if the county legislative authority in which the city is located adopts a resolution stating that the county forfeits its option to create a program or does not place a proposition before the people to create such a program by June 30, 2017. In the event the exception in this subsection occurs, all references in this chapter to a county must include a city that has exercised its authority under this subsection, unless the context clearly requires otherwise.
[ 2015 3rd sp.s. c 24 § 301.]
NOTES:
Construction—2015 3rd sp.s. c 24: "The provisions of this act must be liberally construed to effectuate the policies and purposes of this act." [ 2015 3rd sp.s. c 24 § 804.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.040 - Cultural access program—Start-up funding and conditional formation.

RCW 36.160.040
Cultural access program—Start-up funding and conditional formation.
(1) The county creating a program may advance to the program funding for its administrative costs, including the cost of informing the public about the formation of the program, how it is proposed to be funded, and the public benefits to be realized if it is successful. However, this subsection does not authorize the preparation and distribution of information to the general public for the purpose of influencing the outcome of any election called for voter authorization of a proposed tax to support a program.
(2) The county creating a program may provide for repayment of any start-up funding advanced to a program from the proceeds of taxes authorized under RCW 36.160.080, 82.14.525, and 84.52.821 and approved by voters after the taxes are first collected. The funds may be repaid to such county with interest at the internal rate of return on the invested funds of such county.
[ 2015 3rd sp.s. c 24 § 302.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.050 - Cultural access program—Nonsupplantation.

RCW 36.160.050
Cultural access program—Nonsupplantation.
In creating a program under this chapter, any county creating the program must affirm that any funding such county usually and customarily provides to cultural organizations similar to funding that would be available to those organizations under this chapter may not be replaced or materially diminished as a result of funding becoming available under this chapter. If an organization designated to receive funds under this chapter is a state-related cultural organization, the funds received under this chapter may not replace or materially diminish any funding usually or customarily provided by the state.
[ 2015 3rd sp.s. c 24 § 303.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.060 - Cultural access program—Advisory councils.

RCW 36.160.060
Cultural access program—Advisory councils.
Each county creating a program under this chapter may establish an advisory council, the membership of which must include citizen representatives of constituencies and organizations with interests relevant to the work of the program including, but not limited to, leaders in the business, educational, and cultural communities. Advisory council members should be residents of the county creating the program. Policies concerning the size and operation of any advisory council must be established by the county that creates the program.
[ 2015 3rd sp.s. c 24 § 304.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.070 - Cultural access program—Alternative administrative arrangements.

RCW 36.160.070
Cultural access program—Alternative administrative arrangements.
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 chapter. Any county creating a program may elect to consolidate administration of such a program with that of the entity or public agency designated by the county creating such a program to perform the functions required under RCW 36.160.110.
[ 2015 3rd sp.s. c 24 § 305.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.080 - Funding—Local tax authority.

RCW 36.160.080
Funding—Local tax authority.
(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 population of one million five hundred thousand or more may not impose additional regular property tax levies under RCW 84.52.821.
(2) If a county imposes sales and use taxes under RCW 82.14.525, the county may not impose an additional regular property tax levy under RCW 84.52.821 so long as such sales and use taxes are in effect.
(3) If a county imposes an additional regular property tax levy under RCW 84.52.821, the county may not impose sales and use taxes under RCW 82.14.525 so long as such property tax levy is in effect.
(4) All revenue from taxes imposed under this chapter must be credited to a special fund in the treasury of the county imposing such tax and used solely for the purpose of paying all or any part of the cost of cultural access programs as provided in this chapter.
[ 2015 3rd sp.s. c 24 § 401.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.090 - Public benefits.

RCW 36.160.090
Public benefits.
(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 cultural organizations may provide or continue to provide in satisfaction of this requirement for eligibility to receive funding authorized under this chapter. The public benefits include, without limitation: Reasonable opportunities for access to facilities, programs, and services on a reduced or no admission fee basis, particularly for diverse and underserved populations and communities; providing, through technological and other means, services or programs in locations other than an organization's own facilities; providing educational programs and experiences both at an organization's own facilities and in schools and other venues; broadening cultural programs, performances, and exhibitions for the enlightenment and entertainment of the public; supporting collaborative relationships with other cultural organizations in order to extend the reach and impact of the collaborating organizations for the benefit of the public; and, in the case of community-based cultural organizations, organizational capacity-building projects or activities that an organization can demonstrate, to the reasonable satisfaction of the designated entity, will enhance the ability of the organization to provide or continue to provide meaningful public benefits not otherwise achievable.
(2) Each program created under this chapter must adopt guidelines establishing a baseline standard of continuous performance with respect to the provision of public benefits required under this chapter and for evaluating the eligibility of any cultural organization to receive funds under this chapter based on the continuous performance of the organization in the provision of the public benefits. The guidelines must include: (a) Procedures for notifying any organization at risk of losing its eligibility to receive funds under this chapter for failure to achieve the program's baseline standard of performance with respect to the continuous provision of public benefits; and (b) measures or procedures available to the organization for either retaining or recovering eligibility, as appropriate.
[ 2015 3rd sp.s. c 24 § 501.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.100 - Public school cultural access program.

RCW 36.160.100
Public school cultural access program.
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 § 2; 2015 3rd sp.s. c 24 § 502.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.160 - Cultural Organizations. › 36.160.800 - Attacks prohibited.

RCW 36.160.800
Attacks prohibited.
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 § 801.]
NOTES:
Construction—2015 3rd sp.s. c 24: See note following RCW 36.160.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.165 - Commercial Property Assessed Clean Energy and Resiliency (C-Pacer) Program. › 36.165.005 - Finding—2020 c 27.

RCW 36.165.005
Finding—2020 c 27.
(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 Washington have significant needs for resiliency retrofits, including seismic improvements, stormwater management, flood mitigation, wildfire and wind resistance, and for clean energy and energy efficiency improvements, but these improvements often have high up-front capital costs.
(2) This chapter authorizes the establishment of a commercial property assessed clean energy and resiliency ("C-PACER") program that jurisdictions can voluntarily implement to ensure that free and willing owners of agricultural, commercial, and industrial properties and of multifamily residential properties with five or more dwelling units can obtain low-cost, long-term financing for qualifying improvements, including energy efficiency, water conservation, renewable energy, and resiliency projects. These improvements are repaid by a voluntary assessment on the property, secured by a county lien, and assigned to a capital provider for all the administrative aspects of billing, collecting, and enforcing the lien and without the accumulation of cost to the county and without the creation of a personal debt obligation to the property owner. The obligation is instead carried by the property and remains with the property until repaid, regardless of any potential transfer of property ownership. After the adoption of a C-PACER program, a county's role is limited to the approval of an assessment and recordation of a C-PACER lien, and administration of the C-PACER program which may be contracted out to a private third party.
(3) The legislature declares that the establishment and operation of a C-PACER program under this chapter serves important public health and safety interests. A qualified improvement as defined in RCW 36.165.010 provides benefit to the public, either in the form of energy or water resource conservation, reduced public health risk, or reduced public emergency response risk. Accordingly, the governing body of a county is authorized to determine that it is convenient and advantageous to adopt a program under this chapter.
[ 2020 c 27 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.165 - Commercial Property Assessed Clean Energy and Resiliency (C-Pacer) Program. › 36.165.030 - Program application and review process.

RCW 36.165.030
Program application and review process.
(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 the public, in the form of energy or water resource conservation, reduced public health risk, or reduced public emergency response risk;
(b) For an existing building: (i) Where energy or water usage improvements are proposed, certification by a licensed professional engineer, or other professional listed in the program guidebook, stating that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water, or (ii) where resilience improvements are proposed, certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience;
(c) For new construction, certification by a licensed professional engineer stating that the proposed qualified improvements will enable the project to exceed the energy efficiency or water efficiency or renewable energy or renewable water or resilience requirements of the current building code.
(2) The program may charge an application fee to cover the costs of establishing and conducting the application review process.
(3) Upon the denial of an application, the program administrator must provide an opportunity for an adjudicative proceeding subject to the applicable provisions of chapter 34.05 RCW.
(4) After an approved project is completed, an applicant must provide the program written verification, as defined in the program guidebook, stating that the qualified project was properly completed and is operating as intended.
(5) No later than one year after the governing body of a county establishes a program under this chapter, it must begin accepting applications and approving applications.
(6) The department of commerce may adopt rules to implement the voluntary statewide program.
[ 2020 c 27 § 4.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.165 - Commercial Property Assessed Clean Energy and Resiliency (C-Pacer) Program. › 36.165.040 - Program adoption—County requirements.

RCW 36.165.040
Program adoption—County requirements.
(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 improvements, is in the public interest for safety, health, and other common good reasons;
(ii) A description of the region in which the program is offered, which:
(A) May include the entire county, which may include both unincorporated and incorporated territory; and
(B) Must be located wholly within the county's jurisdiction; and
(iii) A statement of the time and place for a public hearing on the proposed program; and
(b) Hold a public hearing at which the public may comment on the proposed program.
(2) A county may designate more than one region. If multiple regions are designated, the regions may be separate, overlapping, or coterminous.
(3) The resolution or ordinance adopted by a county under this section may incorporate the department of commerce program guidebook or any amended versions of that program guidebook, as appropriate, by reference.
(4) A county adopting a C-PACER program pursuant to this chapter may narrow the definition of "qualified improvements" to be consistent with the county's climate goals.
(5) Any combination of counties may agree to jointly implement a program under this chapter. If two or more counties implement a program jointly, a single public hearing held jointly by the cooperating counties is sufficient to satisfy the requirements of this chapter.
(6) If a county elects to join the statewide program administered by the department of commerce, it may adopt a resolution or ordinance in accordance with the requirements of the department.
(7) In lieu of establishing a voluntary statewide program, the department of commerce may produce a program guidebook for reference and use by county programs.
[ 2020 c 27 § 5.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.165 - Commercial Property Assessed Clean Energy and Resiliency (C-Pacer) Program. › 36.165.050 - Recording requirements.

RCW 36.165.050
Recording requirements.
(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 description of the eligible property;
(b) The assessor's parcel number of the property;
(c) The grantor's name, which must be the same as the property owner on the assessment agreement;
(d) The grantee's name, which must be the county in which the property is located;
(e) The date on which the lien was created;
(f) The principal amount of the lien;
(g) The terms and length of the lien; and
(h) A copy of the voluntary assessment agreement between the county and the property owner.
(3) The county shall also record the assignment of the C-PACER lien from the county to the appropriate capital provider.
(4) The lien holder or assignee will record a release upon discharge of the lien. The lien holder may also record a partial release.
[ 2020 c 27 § 6.]