reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.80 - Contracts for Architectural and Engineering Services. › 39.80.040 - Procurement of architectural and engineering services—Submission of statement of qualifications and performance data—Participation by minority and women-owned firms and veteran-owned firms.

RCW 39.80.040
Procurement of architectural and engineering services—Submission of statement of qualifications and performance data—Participation by minority and women-owned firms and veteran-owned firms.
In the procurement of architectural and engineering services, the agency shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, based upon criteria established by the agency, the firm deemed to be the most highly qualified to provide the services required for the proposed project. Such agency procedures and guidelines shall include a plan to ensure that minority and women-owned firms and veteran-owned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts for services. The level of participation by minority and women-owned firms and veteran-owned firms shall be consistent with their general availability within the professional communities involved. For the 2015-2017 biennium the procurement for services related to modular classrooms may be expedited.
[ 2016 sp.s. c 35 § 6010; 2010 c 5 § 10; 1981 c 61 § 4.]
NOTES:
Effective date—2016 sp.s. c 35: See note following RCW 28B.10.027.
Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010.
Effective date—1981 c 61: See note following RCW 39.80.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.80 - Contracts for Architectural and Engineering Services. › 39.80.050 - Procurement of architectural and engineering services—Contract negotiations.

RCW 39.80.050
Procurement of architectural and engineering services—Contract negotiations.
(1) The agency shall negotiate a contract with the most qualified firm for architectural and engineering services at a price which the agency determines is fair and reasonable to the agency. In making its determination, the agency shall take into account the estimated value of the services to be rendered as well as the scope, complexity, and professional nature thereof.
(2) If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the agency shall select other firms in accordance with RCW 39.80.040 and continue in accordance with this section until an agreement is reached or the process is terminated.
[ 1981 c 61 § 5.]
NOTES:
Effective date—1981 c 61: See note following RCW 39.80.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.80 - Contracts for Architectural and Engineering Services. › 39.80.060 - Procurement of architectural and engineering services—Exception for emergency work.

RCW 39.80.060
Procurement of architectural and engineering services—Exception for emergency work.
(1) This chapter need not be complied with by any agency when the contracting authority makes a finding in accordance with this or any other applicable law that an emergency requires the immediate execution of the work involved.
(2) Nothing in this chapter shall relieve the contracting authority from complying with applicable law limiting emergency expenditures.
[ 1981 c 61 § 6.]
NOTES:
Effective date—1981 c 61: See note following RCW 39.80.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.80 - Contracts for Architectural and Engineering Services. › 39.80.900 - Savings.

RCW 39.80.900
Savings.
Nothing in this chapter shall affect the validity or effect of any contract in existence on January 1, 1982.
[ 1981 c 61 § 7.]
NOTES:
Effective date—1981 c 61: See note following RCW 39.80.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.010 - Finding and declaration of necessity.

RCW 39.84.010
Finding and declaration of necessity.
The legislature hereby finds and declares that this state urgently needs to do the following: Promote higher employment; encourage the development of new jobs; maintain and supplement the capital investments in industry that currently exist in this state; encourage future employment by ensuring future capital investment; attract environmentally sound industry to the state; protect and enhance the quality of natural resources and the environment; and promote the production and conservation of energy.
[ 1981 c 300 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.030 - Public corporations—Creation, dissolution.

RCW 39.84.030
Public corporations—Creation, dissolution.
(1) For the purpose of facilitating economic development and employment opportunities in the state of Washington through the financing of the project costs of industrial development facilities, a municipality may enact an ordinance creating a public corporation for the purposes authorized in this chapter. The ordinance creating the public corporation shall approve a charter for the public corporation containing such provisions as are authorized by and not in conflict with this chapter. Any charter issued under this chapter shall contain in substance the limitations set forth in RCW 39.84.060. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the public corporation, the public corporation is conclusively presumed to be established and authorized to transact business and exercise its powers under this chapter upon proof of the adoption of the ordinance creating the public corporation by the governing body. A copy of the ordinance duly certified by the clerk of the governing body of the municipality shall be admissible in evidence in any suit, action, or proceeding.
(2) A public corporation created by a municipality pursuant to this chapter may be dissolved by the municipality if the public corporation: (a) Has no property to administer, other than funds or property, if any, to be paid or transferred to the municipality by which it was established; and (b) all its outstanding obligations have been satisfied. Such a dissolution shall be accomplished by the governing body of the municipality adopting an ordinance providing for the dissolution.
(3) The creating municipality may, at its discretion and at any time, alter or change the structure, organizational programs, or activities of a public corporation, including termination of the public corporation if contracts entered into by the public corporation are not impaired. Any net earnings of a public corporation, beyond those necessary for retirement of indebtedness incurred by it, shall not inure to the benefit of any person other than the creating municipality. Upon dissolution of a public corporation, title to all property owned by the public corporation shall vest in the municipality.
[ 1981 c 300 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.040 - Board of directors of public corporation.

RCW 39.84.040
Board of directors of public corporation.
The ordinance creating a public corporation shall include provisions establishing a board of directors to govern the affairs of the public corporation, what constitutes a quorum of the board of directors, and how the public corporation shall conduct its affairs.
[ 1981 c 300 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.050 - Public corporations—Directors—Conflicts of interest.

RCW 39.84.050
Public corporations—Directors—Conflicts of interest.
It shall be illegal for a director, officer, agent, or employee of a public corporation to have, directly or indirectly, any financial interest in any property to be included in or any contract for property, services, or materials to be furnished or used in connection with any industrial development facility financed through the public corporation. Violation of any provision of this section is a gross misdemeanor.
[ 1981 c 300 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.070 - Public corporations—Audit by state.

RCW 39.84.070
Public corporations—Audit by state.
The finances of any public corporation are subject to examination by the state auditor's office pursuant to RCW 43.09.260.
[ 1981 c 300 § 7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.090 - Reporting to the department of commerce.

RCW 39.84.090
Reporting to the department of commerce.
(1) Prior to issuance of any revenue bonds, each public corporation shall submit a copy of its enabling ordinance and charter, a description of any industrial development facility proposed to be undertaken, and the basis for its qualification as an industrial development facility to the department of commerce.
(2) If the industrial development facility is not eligible under this chapter, the department of commerce shall give notice to the public corporation, in writing and by certified mail, within twelve working days of receipt of the description.
(3) The department of commerce shall provide such advice and assistance to public corporations and municipalities which have created or may wish to create public corporations as the public corporations or municipalities request and the department of commerce considers appropriate.
[ 2023 c 470 § 2030; 1998 c 245 § 34; 1995 c 399 § 56; 1987 c 505 § 22; 1985 c 466 § 46; 1981 c 300 § 9.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Department of commerce: Chapter 43.330 RCW.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.110 - Revenue bonds—Refunding.

RCW 39.84.110
Revenue bonds—Refunding.
Each public corporation may provide by resolution for the issuance of revenue refunding bonds for the purpose of refunding any revenue bonds issued for an industrial development facility under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption or maturity of the revenue bonds and, if considered advisable by the public corporation, for the additional purpose of financing improvements, extensions, or enlargements to the industrial development facility for another industrial development facility. The issuance of the revenue bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the public corporation in respect to the same shall be governed by this chapter insofar as applicable.
[ 1981 c 300 § 11.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.120 - Trust agreements.

RCW 39.84.120
Trust agreements.
Any bonds issued under this chapter may be secured by a trust agreement between the public corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may evidence a pledge or assignment of the financing documents and lease, sale, or loan revenues to be received from a lessee or purchaser of or borrower with respect to an industrial development facility for the payment of principal of and interest and any premium on the bonds as the same shall become due and payable and may provide for creation and maintenance of reserves for these purposes. A trust agreement or resolution providing for the issuance of the revenue bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties in relation to the acquisition of property and the construction, improvement, maintenance, use, repair, operation, and insurance of the industrial development facility for which the bonds are authorized, and the custody, safeguarding, and application of all money. Any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of revenue bonds or of revenues may furnish such indemnifying bonds or pledge such securities as may be required by the corporation. A trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds and debentures of private corporations. In addition, a trust agreement may contain such provisions as the public corporation considers reasonable and proper for the security of the bondholders which are not in conflict with this chapter.
[ 1981 c 300 § 12.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.130 - Commingling of bond proceeds or revenues with municipal funds prohibited—Exception.

RCW 39.84.130
Commingling of bond proceeds or revenues with municipal funds prohibited—Exception.
No part of the proceeds received from the sale of any revenue bonds under this chapter, of any revenues derived from any industrial development facility acquired or held under this chapter, or of any interest realized on moneys received under this chapter may be commingled by the public corporation with funds of the municipality creating the public corporation. However, those funds of the public corporation, other than proceeds received from the sale of revenue bonds, that are not otherwise encumbered for the payment of revenue bonds and are not reasonably anticipated by the board of directors to be necessary for administrative expenses of the public corporation may be transferred to the creating municipality and used for growth management, planning, or other economic development purposes.
[ 1993 c 139 § 1; 1981 c 300 § 13.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.140 - Subleases and assignments.

RCW 39.84.140
Subleases and assignments.
A lessee or contracting party under a sale contract or loan agreement shall not be required to be the eventual user of an industrial development facility if any sublessee or assignee assumes all of the obligations of the lessee or contracting party under the lease, sale contract, or loan agreement, but the lessee or contracting party or their successors shall remain primarily liable for all of its obligations under the lease, sale contract, or loan agreement and the use of the industrial development facility shall be consistent with the purposes of this chapter.
[ 1981 c 300 § 14.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.150 - Determination of rent.

RCW 39.84.150
Determination of rent.
Before entering into a lease, sale contract, or loan agreement with respect to any industrial development facility, the public corporation shall determine that there are sufficient revenues to pay (1) the principal of and the interest on the revenue bonds proposed to be issued to finance the industrial development facility; (2) the amount necessary to be paid each year into any reserve funds which the public corporation considers advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the industrial development facility; and (3) unless the terms of the lease, sale contract, or loan agreement provide that the lessee or contracting party shall maintain the industrial development facility and carry all proper insurance with respect thereto, the estimated cost of maintaining the industrial development facility in good repair and keeping it properly insured.
[ 1981 c 300 § 15.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.160 - Proceedings in the event of default.

RCW 39.84.160
Proceedings in the event of default.
The proceedings authorizing any revenue bonds under this chapter or any financing document securing the revenue bonds may provide that if there is a default in the payment of the principal of or the interest on the bonds or in the performance of any agreement contained in the proceedings or financing document, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect rents, purchase price payments, and loan repayments, and to apply the revenues from the industrial development facility in accordance with the proceedings or provisions of the financing document. Any financing document entered into under this chapter to secure revenue bonds issued under this chapter may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the financing document, the industrial development facility may be foreclosed and sold under proceedings in equity or in any other manner now or hereafter permitted by law. Any financing document may also provide that any trustee under the financing document or the holder of any revenue bonds secured thereby may become the purchaser at any foreclosure sale if it is the highest bidder.
[ 1981 c 300 § 16.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.170 - Implementation of economic development programs by port district—Use of nonprofit corporations—Transfer of funds.

RCW 39.84.170
Implementation of economic development programs by port district—Use of nonprofit corporations—Transfer of funds.
Funds received by a port district under RCW 39.84.130 may be transferred to a nonprofit corporation created or re-created for the exclusive purpose of providing training, education, and general improvement to the public sector management skills necessary to implement the economic development programs of the port district. The nonprofit corporation selected for that purpose may be, without limitation, a corporation formed by the Washington public ports association.
Any nonprofit corporation selected for the purposes of this section must have tax exempt status under 26 U.S.C. Sec. 501(c)(3).
Transfers and expenditures of funds shall be deemed to be for industrial development and trade promotion as provided in Article VIII, section 8 of the Washington state Constitution.
Nothing in this chapter shall be construed to prohibit the receipt of additional public or private funds by a nonprofit corporation for the purposes described in this section.
[ 2000 c 198 § 2.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.200 - Authority of community economic revitalization board under this chapter.

RCW 39.84.200
Authority of community economic revitalization board under this chapter.
The community economic revitalization board under chapter 43.160 RCW shall have all the powers of a public corporation under this chapter. To the extent applicable, all duties of a public corporation apply to the community economic revitalization board in exercising its powers under this chapter.
[ 1984 c 257 § 11.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.900 - Construction—Supplemental nature of chapter.

RCW 39.84.900
Construction—Supplemental nature of chapter.
This chapter supplements and neither restricts nor limits any powers which a municipality or presently authorized public corporation might otherwise have under any laws of this state.
[ 1981 c 300 § 17.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.84 - Industrial Development Revenue Bonds. › 39.84.910 - Captions not part of law.

RCW 39.84.910
Captions not part of law.
As used in this chapter, captions constitute no part of the law.
[ 1981 c 300 § 19.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.100 - Legislative findings and policy.

RCW 39.86.100
Legislative findings and policy.
The federal internal revenue code of 1986, as amended imposes ceilings on the aggregate amount of certain types of bonds, including tax-exempt private activity bonds and other types, that may be issued during any calendar year by or on behalf of states and their political subdivisions. The code provides a formula for allocating the annual tax-exempt private activity bond ceiling among various issuers of private activity bonds for housing, student loans, exempt facilities, and redevelopment projects within a state, but permits each state to enact a different allocation method that is appropriate to that state's needs. In addition, congress might, from time to time, amend the code by authorizing state ceilings on additional types of bonds. The purpose of this chapter is to provide a flexible and efficient method of allocating the annual state ceiling in Washington in a manner that recognizes the need of the state and its political subdivisions to finance activities or projects that satisfy a substantial public purpose.
[ 2010 1st sp.s. c 6 § 3; 2001 c 330 § 1; 1987 c 297 § 1.]
NOTES:
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.120 - Initial allocation.

RCW 39.86.120
Initial allocation.
(1) Except as provided in subsections (2) and (4) of this section, the initial allocation of the state ceiling shall be for each year as follows:
BOND USE
CATEGORY
2010 and THEREAFTER
Housing
42.0%
Small Issue
25.0%
Exempt Facility
20.0%
Student Loans
5.0%
Public Utility
0.0%
Remainder and
Redevelopment
8.0%
(2) Initial allocations may be modified by the agency only to reflect an issuer's carryforward amount. Any reduction of the initial allocation shall be added to the remainder and be available for allocation or reallocation.
(3) The remainder shall be allocated by the agency among one or more issuers from any bond use category with regard to the criteria specified in RCW 39.86.130.
(4) Should any bond use category no longer be subject to the state ceiling due to federal or state provisions of law, the agency shall divide the amount of that initial allocation among the remaining categories as necessary or appropriate with regard to the criteria specified in RCW 39.86.130.
(5)(a) Prior to July 1st of each calendar year, any available portion of an initial allocation may be allocated or reallocated only to an issuer within the same bond use category, except that the remainder category, or portions thereof, may be allocated at any time to any bond use category.
(b) Beginning July 1st of each calendar year, the agency may allocate or reallocate any available portion of the state ceiling to any bond use category with regard to the criteria specified in RCW 39.86.130.
[ 2016 sp.s. c 18 § 1; 2010 1st sp.s. c 6 § 6; 2001 c 330 § 2; 1990 c 50 § 1; 1987 c 297 § 3.]
NOTES:
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.130 - Criteria.

RCW 39.86.130
Criteria.
(1) In granting an allocation, reallocation, or carryforward of the state ceiling as provided in this chapter, the agency shall consider existing state priorities and other such criteria, including but not limited to, the following criteria:
(a) Need of issuers to issue bonds within a bond use category subject to a state ceiling;
(b) Amount of the state ceiling available;
(c) Public benefit and purpose to be satisfied, including economic development, educational opportunity, and public health, safety, or welfare;
(d) Cost or availability of alternative methods of financing for the project or program; and
(e) Certainty of using the allocation which is being requested.
(2) In determining whether to allocate an amount of the state ceiling to an issuer within any bond use category, the agency shall consider, but is not limited to, the following criteria for each of the bond use categories:
(a) Housing: Criteria which comply with RCW 43.180.200.
(b) Student loans: Criteria which comply with the applicable provisions of Title 28B RCW and rules adopted by the office of student financial assistance or applicable state agency dealing with student financial aid.
(c) Small issue: Factors which may include:
(i) The number of employment opportunities the project is likely to create or retain in relation to the amount of the bond issuance;
(ii) The level of unemployment existing in the geographic area likely to be affected by the project;
(iii) A commitment to providing employment opportunities to low-income persons in cooperation with the employment security department;
(iv) Geographic distribution of projects;
(v) The number of persons who will benefit from the project;
(vi) Consistency with criteria identified in subsection (1) of this section; and
(vii) Order in which requests were received.
(d) Exempt facility or redevelopment: Factors which may include:
(i) State issuance needs;
(ii) Consistency with criteria identified in subsection (1) of this section;
(iii) Order in which requests were received;
(iv) The proportionate number of persons in relationship to the size of the community who will benefit from the project; and
(v) The unique timing and issuance needs of large scale projects that may require allocations in more than one year.
(e) Public utility: Factors which may include:
(i) Consistency with criteria identified in subsection (1) of this section; and
(ii) Timing needs for issuance of bonds over a multi-year period.
[ 2011 1st sp.s. c 11 § 243; 2010 1st sp.s. c 6 § 7; 1987 c 297 § 4.]
NOTES:
Effective date—2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent—2011 1st sp.s. c 11: See note following RCW 28B.76.020.
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.150 - Reallocation process and carryforwards.

RCW 39.86.150
Reallocation process and carryforwards.
(1) Beginning July 1st of each calendar year, the agency may allocate or reallocate any portions of the annual state tax-exempt private activity bond ceiling for which no certificate of approval is in effect. Reallocations may also be made from the remainder category at any time during the year.
(2) Prior to the end of each calendar year, the agency shall allocate or reallocate any unused portions of the state ceiling among one or more issuers as carryforward, to be used within three years, in accordance with the code and relevant criteria described in RCW 39.86.130.
(3) Reallocations of state bond ceilings other than the annual tax-exempt private activity bond ceiling may be made by the agency in accordance with the code or as established in agency rule when not specified in the code.
[ 2010 1st sp.s. c 6 § 9; 1987 c 297 § 6.]
NOTES:
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.155 - State bond ceiling allocation formula.

RCW 39.86.155
State bond ceiling allocation formula.
Original allocations or any reallocations of state bond ceilings other than the tax-exempt private activity bond ceiling must be determined by formula as provided in the code, or by department rule if no formula is provided in the code.
[ 2010 1st sp.s. c 6 § 5.]
NOTES:
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.160 - Executive orders.

RCW 39.86.160
Executive orders.
If federal legislation is enacted or federal regulations are promulgated which affect the state ceiling, when the legislature is not in session or is less than forty-five days from the constitutional end of session, the governor may establish by executive order an alternative system for the allocation of tax exempt bonds under the state ceiling, effective until the legislature acts. In allocating or reallocating under this section, the governor shall take into account the requirements of federal law, the policy choices expressed in state law, and the projected needs of issuers.
[ 1987 c 297 § 7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.170 - Fees.

RCW 39.86.170
Fees.
A fee schedule shall be established by rule by the agency to assist in support of bond allocation activities. Fees shall reflect costs actually incurred or expected to be incurred by the agency in its bond allocation and bond users clearinghouse activities.
[ 2010 1st sp.s. c 6 § 10; 1987 c 297 § 8.]
NOTES:
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.180 - Code amendments.

RCW 39.86.180
Code amendments.
In order to permit the full use of the authorized state ceiling under federal law, the agency may adopt rules approving any amendments made to the code after May 8, 1987.
[ 1987 c 297 § 9.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.86 - Private Activity Bond Allocation. › 39.86.190 - Biennial reports.

RCW 39.86.190
Biennial reports.
Beginning in June 2018 and thereafter by June 30th of each even-numbered year, the agency shall submit a biennial report to the legislature summarizing usage of the bond allocation proceeds and any policy concerns for future bond allocations.
[ 2016 sp.s. c 18 § 3; 2010 1st sp.s. c 6 § 11; 2009 c 518 § 19; 1987 c 297 § 10.]
NOTES:
Short title—2010 1st sp.s. c 6: See note following RCW 43.180.160.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.010 - Declaration—Purpose.

RCW 39.89.010
Declaration—Purpose.
(1) It is declared to be the public policy of the state of Washington to promote and facilitate the orderly development and economic stability of its communities. Local governments need the ability to raise revenue to finance public improvements that are designed to encourage economic growth and development in geographic areas characterized by high levels of unemployment and stagnate employment and income growth. The construction of necessary public improvements in accordance with local economic development plans will encourage investment in job-producing private development and expand the public tax base.
(2) It is the purpose of this chapter:
(a) To encourage taxing districts to cooperate in the allocation of future tax revenues that are used to finance public improvements designed to encourage private development in selected areas, in particular in those local governments that are located adjacent to another state or international border;
(b) To assist those local governments that have a competitive disadvantage in its ability to attract business, private investment, or commercial development due to its location near a state or international border; and
(c) To prevent or arrest the decay of selected areas due to the inability of existing financial methods to provide needed public improvements, and to encourage private investment designed to promote and facilitate the orderly redevelopment of selected areas.
[ 2001 c 212 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.030 - Authority—Conditions.

RCW 39.89.030
Authority—Conditions.
A local government may finance public improvements using community revitalization financing subject to the following conditions:
(1) The local government adopts an ordinance designating an increment area within its boundaries and specifying the public improvements proposed to be financed in whole or in part with the use of community revitalization financing;
(2) The public improvements proposed to be financed in whole or in part using community revitalization financing are expected to encourage private development within the increment area and to increase the fair market value of real property within the increment area;
(3) Private development that is anticipated to occur within the increment area, as a result of the public improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210 and the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW;
(4) Taxing districts, in the aggregate, that levy at least seventy-five percent of the regular property tax within which the increment area is located approves the community revitalization financing of the project under RCW 39.89.050(1); and
(5) In an increment area that includes any portion of a fire protection district as defined in Title 52 RCW, the fire protection district must agree to participate in the community revitalization financing of the project under chapter 212, Laws of 2001, for the project to proceed. Approval by the fire protection district shall be considered as part of the required participation by taxing districts under subsection (4) of this section.
[ 2002 c 12 § 1; 2001 c 212 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.040 - Coordination with other programs—Improvements by private developer must meet applicable state and local laws.

RCW 39.89.040
Coordination with other programs—Improvements by private developer must meet applicable state and local laws.
(1) Public improvements that are financed with community revitalization financing may be undertaken and coordinated with other programs or efforts undertaken by the local government and other taxing districts and may be funded in part from revenue sources other than community revitalization financing.
(2) Public improvements that are constructed by a private developer must meet all applicable state and local laws.
[ 2002 c 12 § 2; 2001 c 212 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.050 - Procedure for creating increment area.

RCW 39.89.050
Procedure for creating increment area.
Before adopting an ordinance creating the increment area, a local government must:
(1) Obtain written agreement for the use of community revitalization financing to finance all or a portion of the costs of the designated public improvements from taxing districts that, in the aggregate, levy at least seventy-five percent of the regular property tax on property within the increment area. A signed, written agreement from taxing districts that in the aggregate levy at least seventy-five percent of the regular property tax within the increment area, constitutes concurrence by all taxing districts in the increment area in the public improvement and participation in the public improvement to the extent of providing limited funding under community revitalization financing authorized under this chapter. The agreement must be authorized by the governing body of taxing districts that in the aggregate levy at least seventy-five percent of the regular property tax on property within the increment area;
(2) Hold a public hearing on the proposed financing of the public improvement in whole or in part with community revitalization financing. Notice of the public hearing must be published in a legal newspaper of general circulation within the proposed increment area at least ten days before the public hearing and posted in at least six conspicuous public places located in the proposed increment area. Notices must describe the contemplated public improvements, estimate the costs of the public improvements, describe the portion of the costs of the public improvements to be borne by community revitalization financing, describe any other sources of revenue to finance the public improvements, describe the boundaries of the proposed increment area, and estimate the period during which community revitalization financing is contemplated to be used. The public hearing may be held by either the governing body of the local government, or a committee of the governing body that includes at least a majority of the whole governing body; and
(3) Adopt an ordinance establishing the increment area that describes the public improvements, describes the boundaries of the increment area, estimates the cost of the public improvements and the portion of these costs to be financed by community revitalization financing, estimates the time during which regular property taxes are to be apportioned, provides the date when the apportionment of the regular property taxes will commence, and finds that the conditions of RCW 39.89.030 are met.
[ 2001 c 212 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.060 - Public notice—Notice to officials.

RCW 39.89.060
Public notice—Notice to officials.
The local government shall:
(1) Publish notice in a legal newspaper of general circulation within the increment area that describes the public improvement, describes the boundaries of the increment area, and identifies the location and times where the ordinance and other public information concerning the public improvement may be inspected; and
(2) Deliver a certified copy of the ordinance to the county treasurer, the county assessor, and the governing body of each taxing district within which the increment area is located.
[ 2001 c 212 § 6.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.070 - Apportionment of taxes.

RCW 39.89.070
Apportionment of taxes.
(1) Commencing in the calendar year following the passage of the ordinance, the county treasurer shall distribute receipts from regular taxes imposed on real property located in the increment area as follows:
(a) Each taxing district shall receive that portion of its regular property taxes produced by the rate of tax levied by or for the taxing district on the tax allocation base value for that community revitalization financing project in the taxing district, or upon the total assessed value of real property in the taxing district, whichever is smaller; and
(b) The local government that created the increment area shall receive an additional portion of the regular property taxes levied by or for each taxing district upon the increment value within the increment area. However, the local government that created the increment area may agree to receive less than the full amount of this portion as long as bond debt service, reserve, and other bond covenant requirements are satisfied, in which case the balance of these tax receipts shall be allocated to the taxing districts that imposed regular property taxes, or have regular property taxes imposed for them, in the increment area for collection that year in proportion to their regular tax levy rates for collection that year. The local government may request that the treasurer transfer this additional portion of the property taxes to its designated agent. The portion of the tax receipts distributed to the local government or its agent under this subsection (1)(b) may only be expended to finance public improvement costs associated with the public improvements financed in whole or in part by community revitalization financing.
(2) The county assessor shall allocate twenty-five percent of any increased real property value occurring in the increment area to the tax allocation base value and seventy-five percent to the increment value. This section does not authorize revaluations of real property by the assessor for property taxation that are not made in accordance with the assessor's revaluation plan under chapter 84.41 RCW or under other authorized revaluation procedures.
(3) The apportionment of increases in assessed valuation in an increment area, and the associated distribution to the local government of receipts from regular property taxes that are imposed on the increment value, must cease when tax allocation revenues are no longer necessary or obligated to pay the costs of the public improvements. Any excess tax allocation revenues and earnings on the tax allocation revenues remaining at the time the apportionment of tax receipts terminates must be returned to the county treasurer and distributed to the taxing districts that imposed regular property taxes, or had regular property taxes imposed for it, in the increment area for collection that year, in proportion to the rates of their regular property tax levies for collection that year.
[ 2001 c 212 § 7.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.080 - General indebtedness—Security.

RCW 39.89.080
General indebtedness—Security.
(1) A local government designating an increment area and authorizing the use of community revitalization financing may incur general indebtedness, and issue general obligation bonds, to finance the public improvements and retire the indebtedness in whole or in part from tax allocation revenues it receives, subject to the following requirements:
(a) The ordinance adopted by the local government creating the increment area and authorizing the use of community revitalization financing indicates an intent to incur this indebtedness and the maximum amount of this indebtedness that is contemplated; and
(b) The local government includes this statement of the intent in all notices required by RCW 39.89.050.
(2) The general indebtedness incurred under subsection (1) of this section may be payable from other tax revenues, the full faith and credit of the local government, and nontax income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money available to the local government for payment of costs of the public improvements or associated debt service on the general indebtedness.
(3) In addition to the requirements in subsection (1) of this section, a local government designating an increment area and authorizing the use of community revitalization financing may require the nonpublic participant to provide adequate security to protect the public investment in the public improvement within the increment area.
[ 2001 c 212 § 8.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.090 - Conclusive presumption of validity.

RCW 39.89.090
Conclusive presumption of validity.
A direct or collateral attack on a public improvement, public improvement ordinance, or increment area purported to be authorized or created in conformance with applicable legal requirements, including this chapter, may not be commenced more than thirty days after publication of notice as required by RCW 39.89.060.
[ 2001 c 212 § 9.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.100 - Revenue bonds.

RCW 39.89.100
Revenue bonds.
(1) A local government may issue revenue bonds to fund revenue-generating public improvements, or portions of public improvements, that are located within an increment area and that it is authorized to provide or operate. Whenever revenue bonds are to be issued, the legislative authority of the local government shall create or have created a special fund or funds from which, along with any reserves created pursuant to RCW 39.44.140, the principal and interest on these revenue bonds shall exclusively be payable. The legislative authority of the local government may obligate the local government to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public improvements that are funded by the revenue bonds. This amount or proportion is a lien and charge against these revenues, subject only to operating and maintenance expenses. The local government shall have due regard for the cost of operation and maintenance of the public improvements that are funded by the revenue bonds, and shall not set aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion, if any, of the revenue previously pledged. The local government may also provide that revenue bonds payable out of the same source or sources of revenue may later be issued on a parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section are not an indebtedness of the local government issuing the bonds, and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The owner or bearer of a revenue bond or any interest coupon issued pursuant to this section shall not have any claim against the local government arising from the bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued pursuant to this section.
(3) Revenue bonds with a maturity in excess of thirty years shall not be issued. The legislative authority of the local government shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue bonds are issued.
[ 2002 c 12 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.89 - Community Revitalization Financing. › 39.89.900 - Supplemental nature of chapter.

RCW 39.89.900
Supplemental nature of chapter.
This chapter supplements and neither restricts nor limits any powers which the state or any local government might otherwise have under any laws of this state.
[ 2001 c 212 § 10.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.90 - Validation of Bonds and Financing Proceedings. › 39.90.010 - Definition.

RCW 39.90.010
Definition.
As used in this chapter, the term "public body" means any city, town, district or other governmental agency created by or under the laws of this state.
[ 1947 c 242 § 1; Rem. Supp. 1947 § 5616-20.]