reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.010 - Definitions.

RCW 35.97.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Biomass energy system" means a system that provides for the production or collection of organic materials such as wood and agricultural residues and municipal solid waste that are primarily organic materials and the conversion or use of that material for the production of heat or substitute fuels through several processes including, but not limited to, burning, pyrolysis, or anaerobic digestion.
(2) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source.
(3) "Cogeneration facility" means any machinery, equipment, structure, process, or property or any part thereof, installed or acquired for the primary purpose of cogeneration by a person or corporation.
(4) "Geothermal heat" means the natural thermal energy of the earth.
(5) "Waste heat" means the thermal energy which otherwise would be released to the environment from an industrial process, electric generation, or other process.
(6) "Heat" means thermal energy.
(7) "Heat source" includes but is not limited to (a) any integral part of a heat production or heat rejection system of an industrial facility, cogeneration facility, or electric power generation facility, (b) geothermal well or spring, (c) biomass energy system, (d) solar collection facility, and (e) hydrothermal resource or heat extraction process.
(8) "Municipality" means a county, city, town, irrigation district which distributes electricity, water-sewer district, port district, or metropolitan municipal corporation.
(9) "Heating facilities or heating systems" means all real and personal property, or interests therein, necessary or useful for: (a) The acquisition, production, or extraction of heat; (b) the storage of heat; (c) the distribution of heat from its source to the place of utilization; (d) the extraction of heat at the place of utilization from the medium by which the heat is distributed; (e) the distribution of heat at the place of utilization; and (f) the conservation of heat.
(10) "Hydrothermal resource" means the thermal energy available in wastewater, sewage effluent, wells, or other water sources, natural or man-made.
[ 1999 c 153 § 41; 1987 c 522 § 4; 1983 c 216 § 2.]
NOTES:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.020 - Heating systems authorized.

RCW 35.97.020
Heating systems authorized.
(1) Counties, cities, towns, irrigation districts which distribute electricity, sewer districts, water districts, port districts, and metropolitan municipal corporations are authorized pursuant to this chapter to establish heating systems and supply heating services from Washington's heat sources.
(2) Nothing in this chapter authorizes any municipality to generate, transmit, distribute, or sell electricity.
[ 1989 c 11 § 7; 1987 c 522 § 3; 1983 c 216 § 1.]
NOTES:
Severability—1989 c 11: See note following RCW 9A.56.220.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.030 - Heating systems—General powers of municipalities.

RCW 35.97.030
Heating systems—General powers of municipalities.
A municipality may construct, purchase, acquire, add to, extend, maintain, and operate a system of heating facilities, within or without its limits, for the purpose of supplying its inhabitants and other persons with heat, with full power to regulate and control the use, distribution, and price of supplying heat, and to enter into agreements for the maintenance and operation of heating facilities under terms and conditions determined by the legislative authority of the municipality. The provision of heat and heating facilities and the establishment and operation of heating systems by a municipality under this chapter are hereby declared to be a public use and a public and strictly municipal purpose. However, nothing in this chapter shall be construed to restrain or limit the authority of any individual, partnership, corporation, or private utility from establishing and operating heating systems.
[ 1983 c 216 § 3.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.040 - Heating systems—Specific powers of municipalities.

RCW 35.97.040
Heating systems—Specific powers of municipalities.
In addition to the general powers under RCW 35.97.030, and not by way of limitation, municipalities have the following specific powers:
(1) The usual powers of a corporation, to be exercised for public purposes;
(2) To acquire by purchase, gift, or condemnation property or interests in property within and without the municipality, necessary for the construction and operation of heating systems, including additions and extensions of heating systems. No municipality may acquire any heat source by condemnation. To the extent judged economically feasible by the municipality, public property and rights-of-way shall be utilized in lieu of private property acquired by condemnation. The municipality shall determine in cooperation with existing users that addition of district heating facilities to any public property or rights-of-way shall not be a hazard or interference with existing uses or, if so, that the cost for any relocation of facilities of existing users shall be a cost and expense of installing the heating facility;
(3) To acquire, install, add to, maintain, and operate heating facilities at a heat source or to serve particular consumers of heat, whether such facilities are located on property owned by the municipality, by the consumer of heat, or otherwise;
(4) To sell, lease, or otherwise dispose of heating facilities;
(5) To contract for the operation of heating facilities;
(6) To apply and qualify for and receive any private or federal grants, loans, or other funds available for carrying out the objects of the municipality under this chapter;
(7) Full and exclusive authority to sell and regulate and control the use, distribution, rates, service, charges, and price of all heat supplied by the municipality and to carry out any other powers and duties under this chapter free from the jurisdiction and control of the utilities and transportation commission;
(8) To utilize fuels other than the heat sources described in RCW 35.97.020 on a standby basis, to meet start-up and emergency requirements, to meet peak demands, or to supplement those heat sources as necessary to provide a reliable and economically feasible supply of heat;
(9) To the extent permitted by the state Constitution, to make loans for the purpose of enabling suppliers or consumers of heat to finance heating facilities;
(10) To enter into cooperative agreements providing for the acquisition, construction, ownership, financing, use, control, and regulation of heating systems and heating facilities by more than one municipality or by one or more municipalities on behalf of other municipalities.
[ 1983 c 216 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.050 - Heating systems—Authorized by legislative authority of municipality—Competitive bidding.

RCW 35.97.050
Heating systems—Authorized by legislative authority of municipality—Competitive bidding.
If the legislative authority of a municipality deems it advisable that the municipality purchase, acquire, or construct a heating system, or make any additions or extensions to a heating system, the legislative authority shall so provide by an ordinance or a resolution specifying and adopting the system or plan proposed, declaring the estimated cost thereof, as near as may be, and specifying the method of financing and source of funds. Any construction, alteration, or improvement of a heating system by any municipality shall be in compliance with the appropriate competitive bidding requirements in Titles 35, 36, 53, 57, or 87 RCW.
[ 1999 c 153 § 42; 1996 c 230 § 1603; 1983 c 216 § 5.]
NOTES:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.060 - Municipality may impose rates and charges—Classification of customers.

RCW 35.97.060
Municipality may impose rates and charges—Classification of customers.
A municipality may impose rates, charges, or rentals for heat, service, and facilities provided to customers of the system if the rates charged are uniform for the same class of customers or service. In classifying customers served or service furnished, the legislative authority may consider: The difference in cost of service to the various customers; location of the various customers within or without the municipality; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the heat furnished; the time heat is used; the demand on the system; capital contributions made to the system including, but not limited to, assessments or the amount of capital facilities provided for use by the customer; and any other matters which present a reasonable difference as a ground for distinction.
[ 1983 c 216 § 6.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.070 - Municipality may shut off heat for nonpayment—Late payment charges authorized.

RCW 35.97.070
Municipality may shut off heat for nonpayment—Late payment charges authorized.
If prompt payment of a heating rate, charge, or rental is not made, a municipality after reasonable notice may shut off the heating supply to the building, place, or premises to which the municipality supplied the heating. A municipality may also make an additional charge for late payment.
[ 1983 c 216 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.080 - Connection charges authorized.

RCW 35.97.080
Connection charges authorized.
A municipality may charge property owners seeking to connect to the heating system, as a condition to granting the right to connect and in addition to the cost of the connection, such reasonable connection charge as the legislative authority determines to be proper in order that the property owners bear their pro rata share of the cost of the system. Potential customers shall not be compelled to subscribe or connect to the heating system. The cost of connection to the system shall include the cost of acquisition and installation of heating facilities necessary or useful for the connection, including any heating facilities located or installed on the property being served. Connection charges may, in the discretion of the municipality, be made payable in installments over a period of not more than thirty years or the estimated life of the facilities installed, whichever is less. Installments, if any, shall bear interest and penalties at such rates and be payable at such times and in such manner as the legislative authority of the municipality may provide.
[ 1983 c 216 § 8.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.090 - Local improvement district—Assessments—Bonds and warrants.

RCW 35.97.090
Local improvement district—Assessments—Bonds and warrants.
For the purpose of paying all or a portion of the cost of heating facilities, a municipality may form local improvement districts or utility local improvement districts, foreclose on, levy, and collect assessments, reassessments, and supplemental assessments; and issue local improvement district bonds and warrants in the manner provided by law for cities or towns.
[ 1983 c 216 § 9.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.100 - Special funds authorized.

RCW 35.97.100
Special funds authorized.
For the purpose of providing funds for defraying all or a portion of the costs of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation of a heating system, and the implementation of the powers in RCW 35.97.030 and 35.97.040, a municipality may authorize, by ordinance or resolution, the creation of a special fund or funds into which the municipality shall be obligated to set aside and pay all or any designated proportion or amount of any or all revenues derived from the heating system, including any utility local improvement district assessments, any grants received to pay the cost of the heating system, and any municipal license fees specified in the ordinance or resolution creating such special fund.
[ 1983 c 216 § 10.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.120 - Revenue warrants.

RCW 35.97.120
Revenue warrants.
Revenue warrants may be issued and such warrants and interest thereon may be payable out of the special fund or refunded through the proceeds of the sale of refunding revenue warrants or revenue bonds. Every revenue warrant and the interest thereon issued against the special fund is a valid claim of the owner thereof only as against that fund and the amount of revenue pledged to the fund, and does not constitute an indebtedness of the authorized municipality. Every revenue warrant shall state on its face that it is payable from a special fund, naming it and the ordinance or resolution creating it.
[ 1983 c 216 § 12.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.97 - Heating Systems. › 35.97.130 - Revenue bonds and warrants—Holder may enforce.

RCW 35.97.130
Revenue bonds and warrants—Holder may enforce.
If a municipality fails to set aside and pay into the special fund created for the payment of revenue bonds and warrants the amount which it has obligated itself in the ordinance or resolution creating the fund to set aside and pay therein, the holder of any bond or warrant issued against the bond may bring suit against the municipality to compel it to do so.
[ 1983 c 216 § 13.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.98 - Construction. › 35.98.010 - Continuation of existing law.

RCW 35.98.010
Continuation of existing law.
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1965 c 7 § 35.98.010.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.98 - Construction. › 35.98.030 - Invalidity of part of title not to affect remainder.

RCW 35.98.030
Invalidity of part of title not to affect remainder.
If any provision, section, or chapter of this title or its application to any person or circumstance is held invalid, the remainder of the provision, section, chapter, or title, or the application thereof to other persons or circumstances is not affected.
[ 1965 c 7 § 35.98.030.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.99 - Telecommunications, Cable Television Service—Use of Right-of-Way. › 35.99.020 - Permits for use of right-of-way.

RCW 35.99.020
Permits for use of right-of-way.
A city or town may grant, issue, or deny permits for the use of the right-of-way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services pursuant to ordinances, consistent with chapter 83, Laws of 2000.
[ 2000 c 83 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.99 - Telecommunications, Cable Television Service—Use of Right-of-Way. › 35.99.040 - Local regulations, ordinances—Limitations.

RCW 35.99.040
Local regulations, ordinances—Limitations.
(1) A city or town shall not adopt or enforce regulations or ordinances specifically relating to use of the right-of-way by a service provider that:
(a) Impose requirements that regulate the services or business operations of the service provider, except where otherwise authorized in state or federal law;
(b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;
(c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized in state or federal law; or
(d) Unreasonably deny the use of the right-of-way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services.
(2) Nothing in this chapter, including but not limited to the provisions of subsection (1)(d) of this section, limits the authority of a city or town to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:
(a) Prohibit the placement of all wireless or of all wireline facilities within the city or town;
(b) Prohibit the placement of all wireless or of all wireline facilities within city or town rights-of-way, unless the city or town is less than five square miles in size and has no commercial areas, in which case the city or town may make available land other than city or town rights-of-way for the placement of wireless facilities; or
(c) Violate section 253 of the telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).
(3) This section does not amend, limit, repeal, or otherwise modify the authority of cities or towns to regulate cable television services pursuant to federal law.
[ 2000 c 83 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.99 - Telecommunications, Cable Television Service—Use of Right-of-Way. › 35.99.050 - Personal wireless services—Limitations on moratoria—Dispute resolution.

RCW 35.99.050
Personal wireless services—Limitations on moratoria—Dispute resolution.
A city or town shall not place or extend a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any facilities for personal wireless services, except as consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or town implementing such a moratorium shall, at the request of a service provider impacted by the moratorium, participate with the service provider in the informal dispute resolution process included with the guidelines for facilities siting implementation.
[ 2000 c 83 § 5.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.99 - Telecommunications, Cable Television Service—Use of Right-of-Way. › 35.99.060 - Relocation of facilities—Notice—Reimbursement.

RCW 35.99.060
Relocation of facilities—Notice—Reimbursement.
(1) Cities and towns may require service providers to relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of public welfare, health, or safety.
(2) Cities shall notify service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date that relocation must be completed, cities shall consult with affected service providers and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the city's overall project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.
(3) Service providers may not seek reimbursement for their relocation expenses from the city or town requesting relocation under subsection (1) of this section except:
(a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or town within the past five years, the service provider's share of the cost of relocation will be paid by the city or town requesting relocation;
(b) Where aerial to underground relocation of authorized facilities is required by the city or town under subsection (1) of this section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city or town requiring relocation; and
(c) Where the city or town requests relocation under subsection (1) of this section solely for aesthetic purposes, unless otherwise agreed to by the parties.
(4) Where a project in subsection (1) of this section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section, provided that the recovery is consistent with subsection (3) of this section and other applicable laws.
(5) A city or town may require the relocation of facilities at the service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare.
[ 2000 c 83 § 6.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.99 - Telecommunications, Cable Television Service—Use of Right-of-Way. › 35.99.070 - Additional ducts or conduits—City or town may require.

RCW 35.99.070
Additional ducts or conduits—City or town may require.
A city or town may require that a service provider that is constructing, relocating, or placing ducts or conduits in public rights-of-way provide the city or town with additional duct or conduit and related structures necessary to access the conduit, provided that:
(1) The city or town enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the service provider. If the city or town makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in the contract. The city or town shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the city or town.
(2) Except as otherwise agreed by the service provider and the city or town, the city or town shall agree that the requested additional duct or conduit space and related access structures will not be used by the city or town to provide telecommunications or cable television service for hire, sale, or resale to the general public.
(3) The city or town shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider.
(4) The value of the additional duct or conduit requested by a city or town shall not be considered a public works construction contract.
(5) This section shall not affect the provision of an institutional network by a cable television provider under federal law.
[ 2000 c 83 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.99 - Telecommunications, Cable Television Service—Use of Right-of-Way. › 35.99.080 - Existing franchises or contracts not preempted.

RCW 35.99.080
Existing franchises or contracts not preempted.
Chapter 83, Laws of 2000 shall not preempt specific provisions in existing franchises or contracts between cities or towns and service providers.
[ 2000 c 83 § 9.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.100 - Downtown and Neighborhood Commercial Districts. › 35.100.010 - Findings—Intent.

RCW 35.100.010
Findings—Intent.
(1) The legislature finds:
(a) The continued economic vitality of downtown and neighborhood commercial districts in our state's cities is essential to community preservation, social cohesion, and economic growth;
(b) In recent years there has been a deterioration of downtown and neighborhood commercial districts in both rural and urban communities due to a shifting population base, changes in the marketplace, and greater competition from suburban shopping malls, discount centers, and through the internet;
(c) This decline has eroded the ability of businesses and property owners to renovate and enhance their commercial and residential properties;
(d) In many areas of the state, downtown and neighborhood commercial areas are burdened further by deteriorating buildings, vacant building that cannot be legally occupied, and vacant brownfield infill sites which pose significant health and safety problems to tenants and pedestrians, and constitute a significant blight and detrimental impact on the health, safety, and welfare of the community, as well as its economic health;
(e) Business owners in these districts need to maintain their local economies in order to provide goods and services to adjacent residents, to provide employment opportunities, to restore blighted properties, and to avoid disinvestment and economic dislocations, and have developed downtown and neighborhood commercial district revitalization programs to address these problems; and
(f) It is in the best interest of the state of Washington to stop the decay of community areas and to promote and facilitate the orderly redevelopment of these areas.
(2) It is the intent of the legislature to establish a program to:
(a) Provide for the allocation of a portion of locally imposed excise taxes to assist local governments in the financing of needed health and safety improvements, public improvements, and other public investments, to encourage private development and to enhance and revitalize neighborhood business districts and downtown areas; and
(b) Provide technical assistance and training to local governments, business organizations, downtown and neighborhood commercial district organizations, and business and property owners to accomplish community and economic revitalization and development of business districts.
[ 2002 c 79 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.100 - Downtown and Neighborhood Commercial Districts. › 35.100.020 - Definitions.

RCW 35.100.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community revitalization project" means:
(a) Health and safety improvements authorized to be publicly financed under chapter 35.80 or 35.81 RCW;
(b) Publicly owned or leased facilities within the jurisdiction of a local government which the sponsor has authority to provide; and
(c) Expenditure for any of the following purposes:
(i) Providing environmental analysis, professional management, planning, and promotion within a downtown or neighborhood commercial district including the management and promotion of retail trade activities in the district;
(ii) Providing maintenance and security for common or public areas in the downtown or neighborhood commercial district;
(iii) Historic preservation activities authorized under RCW 35.21.395; or
(iv) Project design and planning, land acquisition, site preparation, construction, reconstruction, rehabilitation, improvement, operation, and installation of a public facility; the costs of financing, including interest during construction, legal and other professional services, taxes, and insurance; the costs of complying with this chapter and other applicable law; and the administrative costs reasonably necessary and related to these costs.
(2) "Downtown or neighborhood commercial district" means (a) an area or areas designated by the legislative authority of a city or town with a population over one hundred thousand and that are typically limited to the pedestrian core area or the central commercial district and compact business districts that serve specific neighborhoods within the city or town; or (b) commercial areas designated as main street areas by the department of archaeology and historic preservation.
(3) "Local retail sales and use tax" means the tax levied by a city or town under RCW 82.14.030, excluding that portion which a county is entitled to receive under RCW 82.14.030.
(4) "Local retail sales and use tax increment revenue" means that portion of the local retail sales and use tax collected in each year upon any retail sale or any use of an article of tangible personal property within a downtown or neighborhood commercial district that is in excess of the amount of local retail sales and use tax collected on sales or uses within the downtown or neighborhood commercial district in the year preceding.
[ 2010 c 30 § 2; 2002 c 79 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Effective date—2010 c 30: See notes following RCW 43.360.010.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.100 - Downtown and Neighborhood Commercial Districts. › 35.100.030 - Local retail sales and use tax increment revenue—Applications.

RCW 35.100.030
Local retail sales and use tax increment revenue—Applications.
Local retail sales and use tax increment revenue, or any portion thereof, may be applied as follows:
(1) To pay downtown or neighborhood commercial district community revitalization costs;
(2) To pay into bond redemption funds established to pay the principal and interest on general obligation or revenue bonds issued to finance a downtown or neighborhood commercial district community revitalization project;
(3) In combination with any other public or private funds available to the city or town for the purposes provided in this section; or
(4) To pay any combination of costs under subsection (1), (2), or (3) of this section.
[ 2002 c 79 § 3.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.100 - Downtown and Neighborhood Commercial Districts. › 35.100.040 - Local sales and use tax increment revenue—Authorization of use by legislative authority.

RCW 35.100.040
Local sales and use tax increment revenue—Authorization of use by legislative authority.
(1) The legislative authority of a city or town may authorize the use of local sales and use tax increment revenue for any purpose authorized in this chapter within the boundaries of a downtown or one or more neighborhood commercial districts.
(2) Prior to authorizing the use of local sales and use tax increment revenue, the legislative authority must designate the boundaries of each downtown or neighborhood commercial district.
(3) The legislative authority of a city or town may choose to pool the local sales and use tax increment revenue collected in the various downtown and neighborhood commercial districts within the city or town for the purposes authorized in this chapter.
[ 2002 c 79 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.100 - Downtown and Neighborhood Commercial Districts. › 35.100.050 - Determination of amount of revenue.

RCW 35.100.050
Determination of amount of revenue.
A city or town shall determine at its own cost the amount of local sales and use tax increment revenue that may be generated in the downtown and neighborhood commercial districts it designates. The department of revenue may, at its discretion, provide advice or other assistance to cities and towns to assist in determining local sales and use tax increment revenue.
[ 2002 c 79 § 5.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.010 - Definitions.

RCW 35.101.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Area" means a tourism promotion area.
(2)(a) Except as otherwise provided in this subsection, "legislative authority" means the legislative authority of any county, or of any city or town within such a county, including unclassified cities or towns operating under special charters.
(b) Except as provided in (c) of this subsection, in any county with a population of one million or more, "legislative authority" means two or more jurisdictions acting jointly as the legislative authority under an interlocal agreement created under chapter 39.34 RCW for the joint establishment and operation of a tourism promotion area.
(c) For a city incorporated after January 1990, with a population greater than eighty-nine thousand, and located in a county described in (b) of this subsection, "legislative authority" means the city's legislative authority.
(3) "Lodging business" means a person that furnishes lodging taxable by the state under chapter 82.08 RCW that has forty or more lodging units.
(4) "Tourism promotion" means activities and expenditures designed to increase tourism and convention business, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations.
(5) "Tourist" means a person who travels for business or pleasure on a trip:
(a) Away from the person's place of residence or business and stays overnight in paid accommodations;
(b) To a place at least fifty miles away one way by driving distance from the person's place of residence or business for the day or stays overnight. However, island communities without land access are exempt from the mileage requirement under this subsection (5)(b); or
(c) To another country or state outside of the person's place of residence or business.
[ 2020 c 215 § 1; 2015 c 131 § 1; 2009 c 442 § 1; 2003 c 148 § 1.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.020 - Establishment—Petition.

RCW 35.101.020
Establishment—Petition.
For the purpose of establishing a tourism promotion area, an initiation petition must be presented to the legislative authority having jurisdiction of the area in which the proposed tourism promotion area is to be located. The initiation petition must include the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed revenue from the charge shall be put and the total estimated costs;
(3) The estimated rate for the charge with a proposed breakdown by class of lodging business if such classification is to be used; and
(4) The signatures of the persons who operate lodging businesses in the proposed area who would pay sixty percent or more of the proposed charges.
[ 2003 c 148 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.030 - Resolution of intention to establish area—Hearing.

RCW 35.101.030
Resolution of intention to establish area—Hearing.
A legislative authority shall, after receiving a valid initiation petition under RCW 35.101.020, adopt a resolution of intention to establish an area. The resolution must state:
(1) The time and place of a hearing to be held by the legislative authority to consider the establishment of an area;
(2) A description of boundaries in the proposed area;
(3) The proposed area uses and projects to which the proposed revenues from the charge shall be dedicated and the total estimated cost of projects; and
(4) The estimated rate or rates of the charge with a proposed breakdown of classifications as described in RCW 35.101.050.
[ 2003 c 148 § 3.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.040 - Limitations on area included—Interlocal agreements.

RCW 35.101.040
Limitations on area included—Interlocal agreements.
(1) Except as provided in subsection (2) of this section, no legislative authority may establish a tourism promotion area that includes within the boundaries of the area:
(a) Any portion of an incorporated city or town, if the legislative authority is that of the county; and
(b) Any portion of the county outside of an incorporated city or town, if the legislative authority is that of the city or town.
(2) By interlocal agreement adopted pursuant to chapter 39.34 RCW, a county, city, or town may establish a tourism promotion area that includes within the boundaries of the area portions of its own jurisdiction and another jurisdiction, if the other jurisdiction is party to the agreement.
[ 2003 c 148 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.050 - Lodging charge—Limitations.

RCW 35.101.050
Lodging charge—Limitations.
A legislative authority may impose a charge on the furnishing of lodging by a lodging business located in the area.
(1) There shall not be more than six classifications upon which a charge can be imposed.
(2) Classifications can be based upon the number of rooms, room revenue, or location within the area.
(3) Each classification may have its own rate, which shall be expressed in terms of nights of stay.
(4) In no case may the rate under this section be in excess of two dollars per night of stay.
[ 2003 c 148 § 5.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.052 - Lodging charge—Contract for administration and collection of by department of revenue.

RCW 35.101.052
Lodging charge—Contract for administration and collection of by department of revenue.
(1) A legislative authority shall contract, prior to the effective date of an ordinance imposing a lodging charge under RCW 35.101.050, for the administration and collection of the charge by the state department of revenue. The department may deduct a percentage amount, as provided by contract, for the administration and collection expenses incurred by the department.
(2) This section only applies to a legislative authority consisting of a county with a population of one million or more or a city or town within such a county.
[ 2009 c 442 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.055 - Lodging charge—Exemption for temporary medical housing.

RCW 35.101.055
Lodging charge—Exemption for temporary medical housing.
The lodging charge authorized in RCW 35.101.050 does not apply to temporary medical housing exempt under RCW 82.08.997.
[ 2008 c 137 § 6.]
NOTES:
Effective date—2008 c 137: See note following RCW 82.08.997.
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.057 - Lodging charge—Additional charge.

RCW 35.101.057
Lodging charge—Additional charge. (Expires July 1, 2027.)
(1) In addition to the two dollar charge authorized by RCW 35.101.050, a legislative authority may impose an additional charge of up to three dollars per night of stay on the furnishing of lodging by a lodging business located in the area. To impose the additional charge, signatures of the persons who operate lodging businesses who would pay sixty percent or more of the proposed charges must be provided together with the proposed uses and projects to which the proposed revenue from the additional charge shall be put, the total estimate costs, and the estimated rate for the charge with a proposed breakdown by class of lodging business if such classification is to be used.
(2) This section expires July 1, 2027.
[ 2020 c 215 § 2.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.058 - Lodging charge—Additional charge—Program review.

RCW 35.101.058
Lodging charge—Additional charge—Program review.
Each tourism promotion area must conduct a program review of the additional tourism promotion area charge established in RCW 35.101.057. The review must be completed and submitted to the appropriate committees of the legislature by January 1, 2026. The review must:
(1) Analyze how tourism promotion area charge funds were used during the period when the additional charge was imposed;
(2) Identify additional marketing and promotional measures conducted or purchased with additional funds beyond the current two dollar charge;
(3) Assess whether additional tourism promotion area charges above two dollars contributed to an actual increase in the number of tourists, as defined in RCW 35.101.010; and
(4) Assess the average additional cost per visit per tourist due to additional tourism promotion area charges above two dollars.
[ 2020 c 215 § 4.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.060 - Notice of hearing.

RCW 35.101.060
Notice of hearing.
Notice of a hearing held under RCW 35.101.030 shall be given by:
(1) One publication of the resolution of intention in a newspaper of general circulation in the city or county in which the area is to be established; and
(2) Mailing a complete copy of the resolution of intention to each lodging business in the proposed area.
Publication and mailing shall be completed at least ten days prior to the date and time of the hearing.
[ 2003 c 148 § 6.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.070 - Conduct of hearing—Termination of proceedings.

RCW 35.101.070
Conduct of hearing—Termination of proceedings.
Whenever a hearing is held under RCW 35.101.030, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hearing from time to time. Proceedings shall terminate if protest is made by the lodging businesses in the area which would pay a majority of the proposed charges.
[ 2003 c 148 § 7.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.080 - Establishment of area—Ordinance.

RCW 35.101.080
Establishment of area—Ordinance.
Only after an initiation petition has been presented to the legislative authority under RCW 35.101.020 and only after the legislative authority has conducted a hearing under RCW 35.101.030, may the legislative authority adopt an ordinance to establish an area. If the legislative authority adopts an ordinance to establish an area, the ordinance shall contain the following information:
(1) The number, date, and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning the formation of the area;
(3) The description of the boundaries of the area;
(4) The initial or additional rate of charges to be imposed with a breakdown by classification, if such classification is used;
(5) A statement that an area has been established; and
(6) The uses to which the charge revenue shall be put. Uses shall conform to the uses declared in the initiation petition under RCW 35.101.020.
[ 2003 c 148 § 8.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.090 - Administration, collection of lodging charge.

RCW 35.101.090
Administration, collection of lodging charge.
(1) The charge authorized by this chapter shall be administered by the department of revenue and shall be collected by lodging businesses from those persons who are taxable by the state under chapter 82.08 RCW. Chapter 82.32 RCW applies to the charge imposed under this chapter.
(2) At least seventy-five days prior to the effective date of the resolution or ordinance imposing the charge, the legislative authority shall contract for the administration and collection by the department of revenue.
(3) The charges authorized by this chapter that are collected by the department of revenue shall be deposited by the department in the local tourism promotion account created in RCW 35.101.100.
[ 2003 c 148 § 9.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.100 - Local tourism promotion account created.

RCW 35.101.100
Local tourism promotion account created.
The local tourism promotion account is created in the custody of the state treasurer. All receipts from the charges for tourism promotion must be deposited into this account. Expenditures from the account may only be used for tourism promotion. The state treasurer shall distribute the money in the account on a monthly basis to the legislative authority on whose behalf the money was collected.
[ 2003 c 148 § 10.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.110 - Charges are in addition to special assessments.

RCW 35.101.110
Charges are in addition to special assessments.
The charges imposed under this chapter are in addition to the special assessments that may be levied under chapter 35.87A RCW.
[ 2003 c 148 § 11.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.120 - Charges are not a tax on sale of lodging.

RCW 35.101.120
Charges are not a tax on sale of lodging.
The charges imposed under this chapter are not a tax on the "sale of lodging" for the purposes of RCW 82.14.410.
[ 2003 c 148 § 12.]
2023 Revised Code of Washington › Title 35 - Cities and Towns › Chapter 35.101 - Tourism Promotion Areas. › 35.101.130 - Legislative authority has sole discretion concerning use for tourism promotion—Contracts for operation of area—Lodging charge removal.

RCW 35.101.130
Legislative authority has sole discretion concerning use for tourism promotion—Contracts for operation of area—Lodging charge removal.
(1) The legislative authority imposing the charge shall have sole discretion as to how the revenue derived from the charge is to be used to promote tourism that increases the number of tourists to the area. However, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new advisory board or commission for that purpose.
(2) The legislative authority may contract with tourism destination marketing organizations or other similar organizations to administer the operation of the area, so long as the administration complies with all applicable provisions of law, including this chapter, and with all county, city, or town resolutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies.
(3) If a majority of those lodging businesses assessed the charges imposed under RCW 35.101.050 or 35.101.057 petition in writing to the legislative authority that the charge be removed, the legislative authority must remove the charge. The legislative authority may determine the timing of when to remove the charge so that the effective date of the expiration of the charge will not adversely impact existing contractual obligations not to exceed twelve months. The legislative authority may not be held liable for any financial obligations, contractual obligations, or damages for removing the charge.
(4) Any legislative authority with a charge in place under RCW 35.101.050 as of January 1, 2020, shall not have the charge be amended as provided under subsection (3) of this section unless the legislative authority has adopted an increase to the charge as authorized in RCW 35.101.057.
[ 2020 c 215 § 3; 2003 c 148 § 13.]