title: RCW 36.120.070

text:
(1) Beginning no sooner than the 2007 general election, two or more contiguous county legislative authorities, or a single county legislative authority as provided under RCW 36.120.030(8), upon receipt of the regional transportation investment plan under RCW 36.120.040, may submit to the voters of the proposed district a single ballot proposition that approves formation of the district, approves the regional transportation investment plan, and approves the revenue sources necessary to finance the plan. For a county to participate in the plan, the county legislative authority shall, within ninety days after receiving the plan, adopt an ordinance indicating the county's participation. The planning committee may draft the ballot proposition on behalf of the county legislative authorities, and the county legislative authorities may give notice as required by law for ballot propositions, and perform other duties as required to submit the proposition to the voters of the proposed district for their approval or rejection. Counties may negotiate interlocal agreements necessary to implement the plan. The electorate will be the voters voting within the boundaries of the proposed district. A simple majority of the total persons voting on the single ballot proposition is required for approval.
(2) The participating counties shall submit a regional transportation investment plan at the 2007 general election as part of a single ballot proposition that includes, in conjunction with RCW 81.112.030(10), a plan to support an authority's system and financing plan, or additional implementation phases of the system and financing plan, developed under chapter 81.112 RCW. The regional transportation investment plan shall not be considered approved unless both a majority of the persons voting on the proposition residing in the proposed district vote in favor of the proposition and a majority of the persons voting on the proposition residing within the regional transit authority vote in favor of the proposition.
[ 2007 c 509 s 2; 2006 c 311 s 8; 2002 c 56 s 107.]
Notes:
Findings—Intent—2007 c 509: "The legislature finds that traffic congestion reduces personal and freight mobility and is detrimental to the economy, air quality, and the quality of life throughout the central Puget Sound area. Effective transportation solutions are essential for the future growth and development of the central Puget Sound area and the welfare of its citizens.
The legislature further finds that investments in both transit and road improvements are necessary to relieve traffic congestion and to improve mobility. The transportation improvements proposed by regional transportation investment districts and regional transit authorities within the central Puget Sound region form integral parts of, and are naturally and necessarily related to, a single regional transportation system. The construction of road and transit projects in a comprehensive and interrelated manner will help reduce transportation congestion, increase road capacity, promote safety, facilitate mobility, and improve the health, welfare, and safety of the citizens of Washington.
The legislature further finds that under RCW 81.112.030 and * 36.120.170 regional transportation investment districts and regional transit authorities are required to submit to the voters propositions for their respective transportation plans on the same ballot at the 2007 general election and that the opportunity to propose a single ballot reflecting a comprehensive, systemic, and interrelated approach to regional transportation would further the legislative intent and provide voters with an easier and more efficient method of expressing their will.
It is therefore the policy and intent of the state of Washington that transportation plans required to be submitted for voter approval at the 2007 general election by a regional transportation investment district and a regional transit authority must be submitted to voters in single ballot question seeking approval of both plans." [ 2007 c 509 s 1.]
*Reviser's note: Reference to RCW 36.120.170 appears to be erroneous. The correct reference should be to RCW 36.120.070.
Constitutional challenges—Expedited appeals—2007 c 509: "Any legal challenges as to the constitutionality of this act must be filed in superior court along with any supporting legal and factual authority within twenty calendar days of May 15, 2007. Notice of a challenge along with any supporting legal and factual authority must be served upon the secretary of state, the attorney general, the district, and the authority. Upon the filing of a challenge, the state, district, and authority have ten calendar days to file any response to the challenge along with any supporting legal and factual authority. The court shall accord priority to hearing the matter and shall, within five calendar days of the filing of the response to the challenge, render its decision and file with the secretary of state a copy of its decision. The decision of the superior court constitutes a final judgment. Any appeal must be filed in the supreme court within ten calendar days after the date of the superior court decision. The supreme court shall issue its ruling on the appeal within thirty days of receipt by the court." [ 2007 c 509 s 5.]
Severability—2007 c 509: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 509 s 6.]
Effective date—2007 c 509: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2007]." [ 2007 c 509 s 7.]
Findings—2006 c 311: See note following RCW 36.120.020.

catchline: Submission of ballot propositions to the voters.


doc_type: statute

jurisdiction: wa

title: RCW 36.120.080

text:
If the voters approve the plan, including creation of a regional transportation investment district and imposition of taxes and fees, the district will be declared formed. The county election officials of participating counties shall, within fifteen days of the final certification of the election results, publish a notice in a newspaper or newspapers of general circulation in the district declaring the district formed, and mail copies of the notice to the governor, the secretary of transportation, the executive director of the regional transit authority in which any part of the district is located, and the executive director of the regional transportation planning organization in which any part of the district is located. A party challenging the procedure or the formation of a voter-approved district must file the challenge in writing by serving the prosecuting attorney of the participating counties and the attorney general within thirty days after the final certification of the election. Failure to challenge within that time forever bars further challenge of the district's valid formation.
[ 2006 c 311 s 10; 2002 c 56 s 108.]
Notes:
Findings—2006 c 311: See note following RCW 36.120.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Formation—Certification.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.120.090

text:
(1) The governing board of a district consists of the members of the legislative authority of each member county, acting ex officio and independently. The secretary of transportation or the appropriate regional administrator of the department, as named by the secretary, shall also serve as a nonvoting member of the board. The governing board may elect an executive board of seven members to discharge the duties of the governing board subject to the approval of the full governing board.
(2) A sixty-percent majority of the weighted votes of the total board membership is required to submit to the counties a modified plan under RCW 36.120.140 or any other proposal to be submitted to the voters. The counties may, with majority vote of each county legislative authority, submit a modified plan or proposal to the voters.
[ 2002 c 56 s 109.]

catchline: Governing board—Composition.


title: RCW 36.120.100

text:
The board shall adopt rules for the conduct of business. The board shall adopt bylaws to govern district affairs, which may include:
(1) The time and place of regular meetings;
(2) Rules for calling special meetings;
(3) The method of keeping records of proceedings and official acts;
(4) Procedures for the safekeeping and disbursement of funds; and
(5) Any other provisions the board finds necessary to include.
[ 2002 c 56 s 110.]

catchline: Governing board—Organization.


title: RCW 36.120.110

text:
(1) The governing board of the district is responsible for the execution of the voter-approved plan. The board shall:
(a) Impose taxes and fees authorized by district voters;
(b) Enter into agreements with state, local, and regional agencies and departments as necessary to accomplish district purposes and protect the district's investment in transportation projects;
(c) Accept gifts, grants, or other contributions of funds that will support the purposes and programs of the district;
(d) Monitor and audit the progress and execution of transportation projects to protect the investment of the public and annually make public its findings;
(e) Pay for services and enter into leases and contracts, including professional service contracts;
(f) Hire no more than ten employees, including a director or executive officer, a treasurer or financial officer, a project manager or engineer, a project permit coordinator, and clerical staff; and
(g) Coordinate its activities with affected cities, towns, and other local governments, including any regional transit authority existing either partially or entirely within the district area, that engage in transportation planning; and
(h) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.
(2) It is the intent of the legislature that existing staff resources of lead agencies be used in implementing this chapter. A district may coordinate its activities with the department, which shall provide services, data, and personnel to assist as desired by the regional transportation investment district. Lead agencies for transportation projects that are not state facilities shall also provide staff support for the board.
(3) A district may not acquire, hold, or dispose of real property.
(4) Except for the limited purposes provided under RCW 36.120.020(8), a district may not own, operate, or maintain an ongoing facility, road, or transportation system.
(5) A district may accept and expend or use gifts, grants, or donations.
(6) It is the intent of the legislature that administrative and overhead costs of a regional transportation investment district be minimized. For transportation projects costing up to fifty million dollars, administrative and overhead costs may not exceed three percent of the total construction and design project costs per year. For transportation projects costing more than fifty million dollars, administrative and overhead costs may not exceed three percent of the first fifty million dollars in costs, plus an additional one-tenth of one percent of each additional dollar above fifty million. These limitations apply only to the district, and do not limit the administration or expenditures of the department.
(7) A district may use the design-build procedure for transportation projects developed by it. As used in this section "design-build procedure" means a method of contracting under which the district contracts with another party for that party to both design and build the structures, facilities, and other items specified in the contract. The requirements and limitations of RCW 47.20.780 and 47.20.785 do not apply to the transportation projects under this chapter.
[ 2006 c 311 s 11; 2002 c 56 s 111.]
Notes:
Findings—2006 c 311: See note following RCW 36.120.020.

catchline: Governing board—Powers and duties—Intent.


title: RCW 36.120.120

text:
The regional transportation investment district, by resolution, shall designate a person having experience in financial or fiscal matters as treasurer of the district. The district may designate the treasurer of a county within which the district is located to act as its treasurer. Such a treasurer has all of the powers, responsibilities, and duties the county treasurer has related to investing surplus funds. The district shall require a bond with a surety company authorized to do business in this state in an amount and under the terms and conditions the district, by resolution, from time to time finds will protect the district against loss. The district shall pay the premium on the bond.
In addition to the account established in RCW 36.120.200, the treasurer may establish a special account, into which may be paid district funds. The treasurer may disburse district funds only on warrants issued by the district upon orders or vouchers approved by the district.
If the treasurer of the district is the treasurer of a county, all district funds must be deposited with a county depositary under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is some other person, all funds must be deposited in a bank or banks authorized to do business in this state qualified for insured deposits under any federal deposit insurance act as the district, by resolution, designates.
The district may provide and require a reasonable bond of any other person handling moneys or securities of the district, but the district shall pay the premium on the bond.
[ 2002 c 56 s 112.]

catchline: Treasurer.


title: RCW 36.120.130

text:
(1)(a) Notwithstanding RCW 39.36.020(1), the district may at any time contract indebtedness or borrow money for district purposes and may issue general obligation bonds or other evidences of indebtedness, secured by the pledge of one or more of the taxes, tolls, charges, or fees authorized to be imposed by the district, in an amount not exceeding, together with any existing indebtedness of the district not authorized by the voters, one and one-half percent of the value of the taxable property within the boundaries of the district.
(b) With the assent of three-fifths of the voters voting at an election, a district may contract indebtedness or borrow money for district purposes and may issue general obligation bonds or other evidences of indebtedness as long as the total indebtedness of the district does not exceed five percent of the value of the taxable property within the district, including indebtedness authorized under (a) of this subsection. The bonds shall be issued and sold in accordance with chapter 39.46 RCW.
(2) The district may at any time issue revenue bonds or other evidences of indebtedness, secured by the pledge of one or more of the revenues authorized to be collected by the district, to provide funds to carry out its authorized functions without submitting the matter to the voters of the district. These obligations shall be issued and sold in accordance with chapter 39.46 RCW.
(3) The district may enter into agreements with the lead agencies or the state of Washington, when authorized by the plan, to pledge taxes or other revenues of the district for the purpose of paying in part or whole principal and interest on bonds issued by the lead agency or the state of Washington. The agreements pledging revenues and taxes shall be binding for their terms, but not to exceed thirty years, and no tax pledged by an agreement may be eliminated or modified if it would impair the pledge made in any agreement.
(4) Once construction of projects in the plan has been completed, revenues collected by the district may only be used for the following purposes: (a) Payment of principal and interest on outstanding indebtedness of the district; (b) to make payments required under a pledging agreement; and (c) to make payments for maintenance and operations of toll facilities as may be required by toll bond covenants.
[ 2003 c 372 s 1; 2002 c 56 s 113.]

catchline: Indebtedness—Bonds—Limitation.


title: RCW 36.120.140

text:
(1) The board may modify the plan to change transportation projects or revenue sources if:
(a) Two or more participating counties adopt a resolution to modify the plan; and
(b) The counties submit to the voters in the district a ballot measure that redefines the scope of the plan, its projects, its schedule, its costs, or the revenue sources. If the voters fail to approve the redefined plan, the district shall continue to work on and complete the plan, and the projects in it, that was originally approved by the voters. If the voters approve the redefined plan, the district shall work on and complete the projects under the redefined plan.
(2) The board may modify the plan to change transportation projects within a participating county if:
(a) A majority of the board approves the change;
(b) The modifications are limited to projects within the county;
(c) The county submits to the voters in the county a ballot measure that redefines:
(i) Projects;
(ii) Scopes of projects; or
(iii) Costs; and
(iv) The financial plan for the county;
(d) The proposed modifications maintain the equity of the plan and does [do] not increase the total level of plan expenditure for the county.
If the voters fail to approve the modified plan, the district shall continue to work on and complete the plan, and the projects in it, that was originally approved by the voters. If the voters approve the redefined plan, the district shall work on and complete the projects under the redefined plan.
(3) If a transportation project cost exceeds its original cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district or county a ballot measure that redefines the scope of the transportation project, its schedule, or its costs. If the voters fail to approve the redefined transportation project, the district shall terminate work on that transportation project, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds that would otherwise have been expended on the terminated transportation project must first be used to retire any outstanding debt attributable to the plan and then may be used to implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two or more participating counties:
(i) The counties shall submit to the voters in the district a ballot measure that redefines the scope of the plan, its transportation projects, its schedule, or its costs. If the voters fail to approve the redefined plan, the district shall terminate work on that plan, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds must be used to retire any outstanding debt attributable to the plan; or
(ii) The counties may elect to have the district continue the transportation project without submitting an additional ballot proposal to the voters.
(4) To assure accountability to the public for the timely construction of the transportation improvement project or projects within cost projections, the district shall issue a report, at least annually, to the public and copies of the report to newspapers of record in the district. In the report, the district shall indicate the status of transportation project costs, transportation project expenditures, revenues, and construction schedules. The report may also include progress towards meeting the performance criteria provided under this chapter.
[ 2003 c 194 s 2; 2002 c 56 s 114.]

catchline: Transportation project or plan modification—Accountability.


title: RCW 36.120.150

text:
(1) The department shall designate an office or division of dedicated staff and services whose primary responsibility is to coordinate the design, preliminary engineering, permitting, financing, and construction of transportation projects under consideration by a regional transportation investment district planning committee or that are part of a regional transportation investment plan being implemented by a regional transportation investment district.
(2) All of the powers granted the department under Title 47 RCW relating to highway construction may, at the request of a regional transportation investment district, be used to implement a regional transportation investment plan and construct transportation projects.
[ 2002 c 56 s 115.]

catchline: Department of transportation—Role.


title: RCW 36.120.160

text:
Any improvement to a state facility constructed under this chapter becomes and remains the property of this state.
[ 2002 c 56 s 116.]

catchline: Ownership of improvements.


title: RCW 36.120.170

text:
Within thirty days of the completion of the construction of the transportation project or series of projects forming the regional transportation investment plan, the district shall terminate day-to-day operations and exist solely as a limited entity that oversees the collection of revenue and the payment of debt service or financing still in effect, if any. The district shall accordingly adjust downward its employees, administration, and overhead expenses. Any taxes, fees, or tolls imposed under an approved plan terminate when the financing or debt service on the transportation project or series of transportation projects constructed is completed and paid, thirty days from which point the district shall dissolve itself and cease to exist. If there is no debt outstanding, then the district shall dissolve within thirty days from completion of construction of the transportation project or series of transportation projects forming the regional transportation investment plan. Notice of dissolution must be published in newspapers of general circulation within the district at least three times in a period of thirty days. Creditors must file claims for payment of claims due within thirty days of the last published notice or the claim is extinguished.
[ 2002 c 56 s 117.]

catchline: Dissolution of district.


title: RCW 36.120.180

text:
The legislature finds that regional solutions to the state's transportation needs are of paramount concern. The legislature further recognizes that different areas of the state will need the flexibility to fashion local solutions to their transportation problems, and that regional transportation systems may evolve over time. Areas of the state outside of King, Snohomish, and Pierce counties are eligible for grants from the state of no more than two hundred thousand dollars each to study and develop regional transportation models. Regions receiving these grants shall:
(1) Develop a model that can be used within their region to select, fund, and administer regional transportation solutions;
(2) Adopt a county resolution approving the model proposed;
(3) Form interlocal agreements among counties as appropriate;
(4) Report to the transportation committees in the senate and house of representatives, petitioning the legislature to grant them authority to implement their proposed model.
[ 2002 c 56 s 118.]

catchline: Findings—Regional models—Grants.


title: RCW 36.120.190

text:
At the option of the planning committee, and with the explicit approval of the regional transit authority, the participating counties may choose to impose any remaining high capacity transportation taxes under chapter 81.104 RCW that have not otherwise been used by a regional transit authority and submit to the voters a common ballot measure that creates the district, approves the regional transportation investment plan, implements the taxes, and implements any remaining high capacity transportation taxes within the boundaries of the regional transportation investment district. Collection and expenditures of any high capacity transportation taxes implemented under this section must be determined by agreement between the participating counties or district and the regional transit authority electing to submit high capacity transportation taxes to the voters under a common ballot measure as provided in this section. If the measure fails, all such unused high capacity transportation taxes revert back to and remain with the regional transit authority. A project constructed with this funding is not considered a "transportation project" under RCW 36.120.020.
[ 2002 c 56 s 201.]

catchline: Joint ballot measure.


title: RCW 36.120.200

text:
The regional transportation investment district account is created in the custody of the state treasurer. The purpose of this account is to act as an account into which may be deposited state money, if any, that may be used in conjunction with district money to fund transportation projects. Additionally, the district may deposit funds into this account for disbursement, as appropriate, on transportation projects. Nothing in this section requires any state matching money. All money deposited in the regional transportation investment district account will be used for design, right-of-way acquisition, capital acquisition, and construction, or for the payment of debt service associated with these activities, for regionally funded transportation projects developed under this chapter. Only the district may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An appropriation is not required for expenditures from this account.
[ 2002 c 56 s 401.]

catchline: Regional transportation investment district account.


title: RCW 36.120.210

text:
(1) The most populous city, within the three-county region eligible to create a regional transportation investment district under this chapter, shall submit an advisory ballot to the city voters at the 2006 general election regarding voter preference of the tunnel and rebuild alternatives described in the environmental impact statement relative to the Alaskan Way viaduct project. The results of the election shall be advisory only and not binding regarding the final project to be constructed.
(2) In the alternative to the provisions of subsection (1) of this section, following the report of the expert review panel's findings and recommendations completed under *RCW 47.01.400(4)(c), the city legislative authority shall hold public hearings on the findings and recommendations. After such time, and by November 1, 2006, the city legislative authority shall adopt by ordinance a preferred alternative for the Alaskan Way viaduct and Seattle Seawall replacement project. The preferred alternative must, at a minimum, be based on a substantial project mitigation plan and a comprehensive cost estimate review using the department's cost estimate validation process.
[ 2006 c 311 s 29.]
Notes:
*Reviser's note: RCW 47.01.400 was repealed by 2017 3rd sp.s. c 25 s 39.
Findings—2006 c 311: See note following RCW 36.120.020.

catchline: Advisory ballot for Alaskan Way viaduct improvements—Preferred alternative for Alaskan Way viaduct and Seattle Seawall improvements.


title: RCW 36.125.005

text:
(1) The legislature finds the challenge of developing realistic, effective, and efficient solutions to the conservation and management issues facing Puget Sound and Washington's outer coast requires calling on all available sources of knowledge and creative thinking available in the collective wisdom of Washington's citizens. The legislature further finds that both Puget Sound and the outer coast are dynamic and localized water bodies with unique local challenges and unique local solutions. As such, it is essential for the future management of these ecosystems that citizens, through their local government, have a voice and an opportunity to share their dedication and interest in the well-being of their community's unique marine waters, while providing a valuable contribution to the statewide efforts aimed at restoring the outer coast and Puget Sound as a whole.
(2) The legislature further finds that federally led efforts to establish marine resources committees have proven to be an exciting vehicle for involving local citizens and community leaders in the future discussions, decisions, and restoration commitments in the waters most important to the community. The existing model of using a community-based, nonregulatory organization to examine issues particular to a community's corner of Puget Sound, applying for grants, and thoroughly and fairly investigating available options and solutions has proved to be a valuable asset to Puget Sound and its communities, and is worthy of replication throughout the Puget Sound basin and the outer coast.
(3) In this chapter, the legislature intends to establish a structure on which interested local communities can harness the dedication, creativity, and wisdom of their residents in the form of marine resources committees. These committees are intended to complement, and not compete with or undermine, any other governmental efforts to restore and manage the Puget Sound. The legislature further intends that the department of fish and wildlife should apply the lessons learned from Puget Sound to work with county governments on the outer coast to establish marine resources committees.
[ 2007 c 344 s 1.]

catchline: Findings—Intent.


title: RCW 36.125.010

text:
(1)(a) The legislative authority for each county that borders the marine waters of southern Puget Sound may establish marine resources committees consistent with the procedures outlined in RCW 36.125.020. Counties authorized to establish marine resources committees in the southern Puget Sound are: King, Pierce, Thurston, Kitsap, and Mason counties.
(b) The legislative authority for each county bordering the marine waters of the outer coast may develop a marine resources committee consistent with the procedures outlined in RCW 36.125.020. Counties authorized to establish marine resources committees on the outer coast are: Pacific, Grays Harbor, and Wahkiakum counties.
(c) Jefferson and Clallam counties may establish a new marine resources committee or a subcommittee of the county's existing marine resources committee, consistent with the procedures outlined in RCW 36.125.020, specifically to address the marine ecosystems for the outer coast or Puget Sound, where appropriate.
(2) The mission of a marine resources committee created under this section is to address, utilizing sound science, the needs of the marine ecosystem local to the county initiating the marine resources committee.
(3) A marine resources committee created under this section should review current data and resource conservation and management programs and make prioritized recommendations for additional measures that might be necessary to enhance protection of marine resources.
(4) The role of a marine resources committee in developing recommendations includes, but is not limited to:
(a) Utilizing existing data and, to the extent necessary, helping to gather new data on the health of local marine resources;
(b) Making scientifically based recommendations on local candidate sites for marine protected areas;
(c) Working closely with local and state officials to help implement recommendations of the marine resources committee;
(d) Promoting public outreach and education around marine resource conservation and management issues; and
(e) Engaging in any other activities that the initiating county deems appropriate.
[ 2007 c 344 s 2.]

catchline: Counties authorized to establish—Purpose—Role.


title: RCW 36.125.020

text:
(1) A marine resources committee, as described in RCW 36.125.010, may be created by the legislative authority of any county bordering the marine waters of the outer coast or Puget Sound, in cooperation with all appropriate cities and special districts within their boundaries. Adjacent county legislative authorities shall coordinate their efforts whenever there is a mutual interest in creating a marine resources committee.
(2) A county may delegate the management and oversight of a marine resources committee created by the county under RCW 36.125.010 to a city, or cities, within its jurisdiction, if the city or cities are located on the marine waters of the outer coast or southern Puget Sound and are willing to accept the delegation.
(3)(a) Participating county legislative authorities must select members of the marine resources committee, ensuring balanced representation from: Local government; local residents; scientific experts; affected economic interests; affected recreational interests; and environmental and conservation interests. Additionally, participating county legislative authorities must invite tribal representatives to participate in the marine resources committee.
(b) In lieu of creating a new entity, participating county legislative authorities may designate a lead entity created under RCW 77.85.050 to also serve as a marine resources committee. County legislative authorities may only make this designation where the lead entity consents in writing to also serve as a marine resources committee.
(c) An initiating county may delegate its appointment authority to a city or cities that have received from the county the delegated responsibilities of managing and overseeing the marine resources committee.
(4) County residents may petition the county legislative authority to create a marine resources committee. Upon receipt of a petition, the county legislative authority must respond in writing within sixty days as to whether they will authorize the creation of a marine resources committee as well as the reasons for their decision.
[ 2008 c 242 s 2; 2007 c 344 s 3.]
Notes:
Findings—Intent—2008 c 242: "The legislature finds that Washington's coastal and ocean resources provide vital economic, recreation, transportation, and cultural benefits to the state. The legislature seeks to continue recent state and local efforts to preserve and enhance the state's coastal and ocean resources, such as the work of the Washington ocean policy work group and the state's existing marine resources committees.
The legislature finds that outer coast marine resources committees, authorized by the legislature in 2007, provide a mechanism for communities to discuss and develop solutions for the issues facing coastal resources and communities. However, additional state investments are necessary to allow outer coast marine resources committees to fulfill their full potential. Therefore, the legislature intends by this act to provide additional support and resources for outer coast marine resources committees in order to benefit the coastal and ocean resources of Washington." [ 2008 c 242 s 1.]

catchline: Administration—Members—Petition.


title: RCW 36.125.030

text:
(1) The Puget Sound action team, or its successor organization, shall serve as the regional coordinating entity for marine resources committees created in the southern Puget Sound and the department of fish and wildlife shall serve as the regional coordinating entity for marine resources committees created for the outer coast.
(2) The regional coordinating entity shall serve as a resource to, at a minimum:
(a) Coordinate and pool grant applications and other funding requests for marine resources committees;
(b) Coordinate communications and information among marine resources committees;
(c) Assist marine resources committees to measure themselves against regional performance benchmarks;
(d) Assist marine resources committees with coordinating local projects to complement regional priorities;
(e) Assist marine resources committees to interact with and complement other marine resources committees, and other similar groups, constituted under a different authority; and
(f) Coordinate with the Northwest Straits commission on issues common to marine resources committees statewide.
[ 2007 c 344 s 4.]

catchline: Regional coordinating entities.


title: RCW 36.125.040

text:
Nothing in RCW 36.125.010 or 36.125.020 is intended to expand or limit the authority of local marine resources committees established under the Northwest Straits marine conservation initiative by federal act in San Juan, Whatcom, Skagit, Island, Snohomish, Clallam, and Jefferson counties and existing as of July 22, 2007.
[ 2007 c 344 s 5.]

catchline: Application to committees established under federal law.


title: RCW 36.125.050

text:
Outer coast marine resources committees, in conjunction with their regional coordinating entity, shall meet and consult with key state, federal, local, and tribal governments, and private interest groups to develop a collaborative process to address ocean policy issues. This collaborative process should use Washington's "Ocean Action Plan: Enhancing Management of Washington State's Ocean and Outer Coasts" developed by the Washington ocean policy work group as a guide to begin the work of developing and coordinating state and local ocean policy and providing better management of Washington's coastal areas.
[ 2007 c 344 s 6.]

catchline: Collaborative process for ocean policy development and coastal area management.


title: RCW 36.125.060

text:
(1) The outer coast marine resources committee program is created to provide support for the development, administration, and coordination of outer coast marine resources committees and their projects.
(2) The director of fish and wildlife is the administrator of the outer coast marine resources committee program. As the administrator of the program, the director of fish and wildlife shall:
(a) Provide each outer coast marine resources committee with a coordinator to support the administration and work of the committee; and
(b) Distribute grants to outer coast marine resources committees for projects that benefit Washington's coastal marine resources. The director of fish and wildlife shall develop procedures and criteria for allocating funds for projects, which may include annual allocation of funding to each committee.
(3) Each outer coast marine resources committee shall prepare and deliver an annual report to the director of fish and wildlife by October 31st of each year. The report must include, but is not limited to, a summary of actions taken that year and prioritized recommendations for future action. The director of fish and wildlife shall compile the individual outer coast marine resources committee reports into a consolidated report, and provide the consolidated report to the governor and appropriate committees of the legislature by December 31st of each year.
[ 2008 c 242 s 3.]
Notes:
Findings—Intent—2008 c 242: See note following RCW 36.125.020.

catchline: Outer coast marine resources committee program—Annual reports.


title: RCW 36.13.020

text:
The legislative authority of any county may order a county census to be taken of all the inhabitants of the county. The expense of such census enumeration shall be paid from the county current expense fund.
[ 1991 c 363 s 44; 1977 ex.s. c 110 s 6; 1963 c 4 s 36.13.020. Prior: (i) 1923 c 177 s 1; RRS s 4200-6. (ii) 1923 c 177 s 5; RRS s 4200-10.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: County census authorized.


title: RCW 36.13.030

text:
For the purpose of making a county census, the legislative authority of any county may employ one or more suitable persons. The census shall be conducted in accordance with standard census definitions and procedures as specified by the office of financial management.
[ 1979 c 151 s 37; 1977 ex.s. c 110 s 1; 1963 c 4 s 36.13.030. Prior: 1923 c 177 s 2; RRS s 4200-7.]
Notes:
Population determinations, office of financial management: Chapter 43.62 RCW.

catchline: County census authorized—Personnel—How conducted.


title: RCW 36.13.040

text:
All persons resident in the county, having knowledge of the facts, shall give the information required herein to any duly authorized census enumerator when requested by him or her.
[ 2009 c 549 s 4006; 1963 c 4 s 36.13.040. Prior: 1923 c 177 s 4; RRS s 4200-9.]

catchline: County census authorized—Information to be given enumerators.


title: RCW 36.13.050

text:
The board of county commissioners shall determine the population of the county based upon such special county census. Based upon such census, it shall enter an order declaring and fixing the population of the county in accordance with such determination, and from and after the entry of the order the county shall be considered and classified for all purposes according to the population thus determined.
[ 1963 c 4 s 36.13.050. Prior: 1923 c 177 s 3; RRS s 4200-8.]

catchline: County census authorized—Classification to be based on census.


title: RCW 36.13.070

text:
Any person violating any of the provisions of RCW 36.13.020, 36.13.030, 36.13.040, and 36.13.050, or any officer or enumerator making, assisting, or permitting any duplication of names or making, permitting, or assisting in the enumeration of any fictitious names or persons in taking the census, shall be guilty of a gross misdemeanor.
[ 1963 c 4 s 36.13.070. Prior: 1923 c 177 s 6; RRS s 4200-11.]

catchline: County census authorized—Penalty.


title: RCW 36.13.100

text:
Whenever any provision of law refers to the population of a county for purposes of distributing funds or for any other purpose, the population of the respective counties shall be determined by the most recent census, population estimate by the office of financial management, or special county census as certified by the office of financial management.
[ 1991 c 363 s 45; 1963 c 4 s 36.13.100. Prior: 1949 c 92 s 1; Rem. Supp. 1949 s 4200-6a.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Population determinations, office of financial management: Chapter 43.62 RCW.

catchline: Determination of population.


title: RCW 36.130.005

text:
It is the public policy of the state to assist in making affordable housing available throughout the state. The legislature recognizes that despite ongoing efforts there is still a lack of affordable housing in many areas. The legislature also recognizes that some local governments have imposed development requirements on affordable housing developments that are not generally imposed on other housing developments. The intent of this [the] legislature is to prohibit discrimination against affordable housing developments.
[ 2008 c 118 s 1.]

catchline: Intent.


title: RCW 36.130.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affordable housing development" means a housing development in which at least twenty-five percent of the dwelling units within the development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state, or local government housing program.
(2) "Dwelling unit" means that part of a housing development that is used as a home, residence, or place to sleep by one person or two or more persons maintaining a common household.
(3) "Housing development" means a proposed or existing structure that is used as a home, residence, or place to sleep by one or more persons including, but not limited to, single-family residences, manufactured homes, multifamily housing, group homes, and foster care facilities.
(4) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the affordable housing development is located.
[ 2008 c 118 s 2.]

catchline: Definitions.


title: RCW 36.130.020

text:
(1) A city, county, or other local governmental entity or agency may not adopt, impose, or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally.
(2) This section does not prohibit any city, county, or other local governmental entity or agency from extending preferential treatment to affordable housing developments intended for including, but not limited to, occupancy by homeless persons, farmworkers, persons with disabilities, senior citizens, or low-income households. Preferential treatment may include, but is not limited to: A reduction or waiver of fees or changes in applicable requirements including, without limitation, architectural requirements, site development requirements, property line requirements, building setback requirements, or vehicle parking requirements; or other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.
(3) A city, county, or other local governmental entity or agency may impose and enforce income qualification, coordinated entry, reporting, and monitoring requirements on affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of public property, or as conditions to eligibility for any affordable housing incentive program under RCW 36.70A.540 or any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or other development incentives.
(4)(a) A county or city may enter into a contract with a sponsor proposing transitional housing, permanent supportive housing, an indoor emergency shelter, or indoor emergency housing to establish additional and reasonable operational requirements pertaining to health and safety protocols.
(b) Legal consideration for a contract entered into under this subsection (4) on the part of the county or city must, at a minimum, include:
(i) A donation of real property or a long-term lease of land at least 50 years in length, to be used for the transitional housing, permanent supportive housing, indoor emergency shelter, or indoor emergency housing; or
(ii) A significant contribution from the general fund for capital or operating expenses to be mutually determined by both parties.
(c) A county or city that unilaterally withdraws from or modifies the consideration specified in (b) of this subsection (4) is in material breach of the contract and the operational requirements specified in the contract no longer apply to the transitional housing, permanent supportive housing, indoor emergency shelter, or indoor emergency housing.
(d) A county or city may not construe a sponsor's refusal to accept contract terms pertaining to the consideration specified in (b) of this subsection (4) as a failure to meet any of the requirements of other fund sources available for the capital or operational support, or of those otherwise allowed in RCW 35.21.683 or 35A.21.430 or 36.70A.845.
(e) Nothing in this subsection (4) requires a county or city to enter into a contract under this subsection (4).
(f) For purposes of this subsection (4), "emergency housing," "emergency shelter," "permanent supportive housing," and "transitional housing" have the same meanings as in RCW 36.70A.030.
[ 2026 c 232 s 5; 2008 c 118 s 3.]
Notes:
Intent—Findings—Application—2026 c 232: See notes following RCW 36.70A.845.

catchline: Restrictions on affordable housing development requirements—Preferential treatment—Requirements as conditions.


title: RCW 36.135.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Capital facilities plan" means a capital facilities plan required under chapter 36.70A RCW.
(2) "Local government" means cities, towns, counties, special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state, excluding school districts and port districts.
(3) "Public works project" means a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, water systems, or storm and sanitary sewage systems and solid waste facilities, including recycling facilities.
[ 2009 c 45 s 1.]


title: RCW 36.135.020

text:
(1) County legislative authorities may establish local public works assistance funds for the purpose of funding public works projects located wholly or partially within the county. Moneys may be deposited in local public works assistance funds from existing revenue sources of the county.
(2) Moneys deposited in local public works assistance funds, and interest earned on balances from the funds, may only be used:
(a) To make loans to the county and to other local governments for funding public works projects as provided in this chapter; and
(b) For costs incurred in the administration of funds.
(3) No more than fifty percent of the moneys loaned from a fund in a calendar year may be loaned to the county providing local public works assistance funds. At least twenty-five percent of the moneys anticipated to be loaned from a fund in a calendar year must be made available for funding public works projects in cities or towns.
(4) No more than one percent of the average annual balance of a county's fund, including interest earned on balances from the fund, may be used annually for administrative costs.
[ 2009 c 45 s 2.]

catchline: Use—Distribution.


title: RCW 36.135.030

text:
(1) Counties, in consultation with cities and towns within the county, may make loans to local governments from funds established under RCW 36.135.020 for the purpose of assisting local governments in funding public works projects. Counties may require terms and conditions and may charge rates of interest on its loans as they deem necessary or convenient to carry out the purposes of this chapter. Counties may not pledge any amount greater than the sum of money in their local public works assistance fund plus money to be received from the payment of the debt service on loans made from that fund. Money received from local governments in repayment of loans made under this chapter must be paid into the fund of the lending county for uses consistent with this chapter.
(2) Prior to receiving moneys from a fund established under RCW 36.135.020, a local government applying for financial assistance under this chapter must demonstrate to the lending county:
(a) Utilization of all local revenue sources that are reasonably available for funding public works projects;
(b) Compliance with applicable requirements of chapter 36.70A RCW; and
(c) Consistency between the proposed project and applicable capital facilities plans.
(3) Counties may not make loans under this chapter prior to completing the initial collaboration and prioritization requirements of RCW 36.135.040(1).
[ 2009 c 45 s 3.]

catchline: Public works projects—Financial assistance for local governments.


title: RCW 36.135.040

text:
(1) County legislative authorities utilizing or providing money under this chapter must develop a prioritization process for funding public works projects that gives priority to projects necessary to address public health needs, substantial environmental degradation, or increases existing capacity necessary to accommodate projected population and employment growth. This prioritization process must be:
(a) Completed collaboratively with public works directors of local governments within the county;
(b) Documented in the form of written findings produced by the county; and
(c) Revised periodically according to a schedule developed by the county and the public works directors.
(2) In addition to the requirements under subsection (1) of this section, legislative authorities providing funding to other local governments under this chapter must consider, through a competitive application process, the following factors in assigning a priority to and funding a project:
(a) Whether the local government applying for assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;
(b) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
(c) The cost of the project compared to the size of the local government and amount of loan money available;
(d) The number of communities served by or funding the project;
(e) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards;
(f) The number of additional housing units estimated to be achieved by funding the project;
(g) The additional jobs estimated to be achieved by funding the project; and
(h) Other criteria the county legislative authority deems appropriate.
[ 2009 c 45 s 4.]

catchline: Public works projects—Prioritization process.


title: RCW 36.135.050

text:
County legislative authorities providing funding for public works projects under this chapter must keep proper records of accounts and are subject to audit by the state auditor.
[ 2009 c 45 s 5.]

catchline: Records of accounts—Audit.


title: RCW 36.140.010

text:
(1) Any county legislative authority of a county where a public utility district owns and operates a plant or system for the generation, transmission, and distribution of electric energy for sale within the county may construct, purchase, acquire, operate, and maintain one facility within the county to generate electricity from biomass energy that is a renewable resource under RCW 19.285.030 or from biomass energy that is produced from lignin in spent pulping liquors or liquors derived from algae and other sources. The county legislative authority has the authority to regulate and control the use, distribution, sale, and price of the electricity produced from the biomass facility authorized under this section.
(2) For the purposes of this section:
(a) "County legislative authority" means the board of county commissioners or the county council;
(b) "Plant" means a natural gas-fueled, combined-cycle combustion turbine capable of generating at least two hundred forty megawatts of electricity; and
(c) "Public utility district" means a municipal corporation formed under chapter 54.08 RCW.
[ 2010 c 167 s 1; 2009 c 281 s 1.]

catchline: Generation of electricity from biomass energy.


title: RCW 36.145.005

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

catchline: Findings.


title: RCW 36.145.010

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


title: RCW 36.145.020

text:
Community facilities districts are authorized to be formed for the purposes authorized under this chapter. Community facilities districts may only include land within urban growth areas designated under the state growth management act, located in portions of one or more cities, towns, or counties when created in accordance with this chapter. A district may include one or more noncontiguous tracts, lots, parcels, or other properties meeting the requirements of this chapter.
(1) To form a community facilities district, a petition must be presented to the applicable legislative authorities. The petition must:
(a) Designate and describe the boundaries of the district by metes and bounds or reference to United States townships, ranges, and legal subdivisions;
(b) Be executed by one hundred percent of all owners of private property located within the boundaries of the proposed district. The property owners must include a request to subject their property to the assessments, up to the amount included in the petition and authorized under this chapter;
(c) Include a certification by the petitioners that they want to voluntarily submit their property to the authority of the district under this chapter to approve the petitioner's request to submit their property to the assessments, up to the amount included in the petition and authorized under this chapter;
(d) Include a general explanation of the objective and plan of the district and describe the specific facilities that the district anticipates financing;
(e) Declare the district will be conducive to public health, safety, and welfare;
(f) Assert that the purpose for forming the district will be a benefit to the land located in the district;
(g) Be accompanied by an "obligation" signed by at least two petitioners who agree to pay the costs of the formation process;
(h) Include a list of petitioners or representatives thereof who are willing and able to serve on the board of supervisors. All petitioners within a proposed district who are natural persons, or natural persons who are designated representatives of petitioners, are eligible to include their name on the list of eligible supervisors. The petitioners may nominate qualified professions to serve on the board of supervisors in lieu of the petitioners or representatives of the petitioners;
(i) If it proposes a special assessment, include: (i) A diagram showing each separate lot, tract, parcel of land, or other property in the district; (ii) the acreage of the property; (iii) the name and address of the owner or reputed owner of each lot, tract, parcel of land, or other property as shown on the tax rolls of the county assessor; (iv) a preliminary assessment roll showing the special assessment proposed to be imposed on each lot, tract, parcel of land, or other property; and (v) a proposed method or combination of methods for computing special assessments, determining the benefit to assessed property or use from facilities or improvements funded directly or indirectly by special assessments under this chapter; and
(j) Include an explanation of what security will be provided to ensure the timely payment of assessments and the timely payment of bonds issued by the district.
(2) The petition must be filed with the auditor of each county in which property included within the proposed district is located. The auditor for the county in which the largest geographic portion of the proposed district is located must be the lead auditor for the purposes of this section. Within thirty days of the lead auditor's receipt of the petition, the lead auditor must confirm that the petition has been validly executed by one hundred percent of all owners of the property located within the proposed district, including confirmation by the auditors of all other counties with whom the petition was filed. Within ten days of the lead auditor's finding that the petition either does or does not contain the required signatures, the lead auditor must either (a) transmit the petition, together with a certificate of sufficiency attached thereto, to each legislative authority petitioned for formation of the district; or (b) return the petition to the petitioners with a list of property owners who must sign the petition in order to comply with this section. There are no restrictions on the number of petitions that may be submitted by one or more property owners.
(3) A petition may be amended for any reason if the amendment is signed by one hundred percent of the owners of property located within the district proposed in the amended petition.
[ 2010 c 7 s 201.]


title: RCW 36.145.030

text:
A public hearing on the petition for formation of a district must be held by each applicable legislative authority, not less than thirty, but not more than sixty days, from the date that the lead county auditor issues the certificate of sufficiency required under RCW 36.145.020.
[ 2010 c 7 s 202.]

catchline: Public hearing on petition—When held.


title: RCW 36.145.040

text:
Notice of all public hearings must include a description of the proposal, be mailed to all petitioners, and must be published once a week for three consecutive weeks in the official paper for each applicable legislative authority, prior to the date set for the hearing. The notice must be posted for not less than fifteen days prior to the date of the hearing in each of three public places within the boundaries of the proposed district and in three public places for each applicable legislative authority. Each notice must contain the time, date, and place of the public hearing.
[ 2010 c 7 s 203.]

catchline: Public hearing on petition—Notice requirements.


title: RCW 36.145.050

text:
At the time and place of the public hearing, the legislative authority must consider the petition. The legislative authority may receive any evidence it deems material that supports or opposes the formation of the district, including the inclusion or exclusion of land. Unless an amended petition satisfying the requirements of RCW 36.145.020 is approved in accordance with the requirements of this chapter, no land outside the boundaries described in the petition may be included within the proposed district. No land inside the boundaries of an approved petition may be removed from the district unless an amended petition satisfying the requirements of RCW 36.145.020 is approved in accordance with the requirements of this chapter.
[ 2010 c 7 s 204.]

catchline: Receipt of material evidence—Inclusion and removal of land.


title: RCW 36.145.060

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

catchline: Approval of petition—Requirements.


title: RCW 36.145.070

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

catchline: Appeals to formation.


title: RCW 36.145.080

text:
(1) A community facilities district must be governed by a board of supervisors possessing the powers set forth under RCW 36.145.090. The board of supervisors must be appointed by each applicable legislative authority within sixty days of the formation of the district. Except as expressly provided under this section, each applicable legislative authority is authorized to appoint members to the board of supervisors only from among the members of its own governing body. Each applicable legislative authority must appoint the petitioner members or nominees required under subsection (2) or (3) of this section. The term of office of each supervisor is three years and until a successor is appointed, except that the supervisors first appointed serve for one and two years respectively from the date of their appointments, as designated in their appointments.
(2) Except as provided in subsection (3) of this section, if the proposed district is located entirely within a single jurisdiction, then the board of supervisors consists of: (a) Three members of the legislative authority of the jurisdiction; and (b) two members appointed from among the list of eligible supervisors included in the petition as provided in RCW 36.145.020(1)(h). All members of the board of supervisors must be natural persons.
(3) If all or a portion of the proposed district is located within unincorporated land that is entirely surrounded by an incorporated city or town, then the board of supervisors consists of: (a) Two members appointed from the county legislative authority; (b) two members appointed from the legislative authority of the city or town that is the additional legislative authority under RCW 36.145.010(4); and (c) one member appointed from the list of eligible petitioners included in the petition as provided in RCW 36.145.020(1)(h), depending on the number of additional members that are required to result in an overall odd number of supervisors.
(4) If the county, city, or town is the exclusive legislative authority pursuant to RCW 36.145.010, then the board of supervisors consists of: (a) Three members appointed from such county, city, or town; and (b) two members from the list of eligible petitioners or nominees included in the petition, as provided in RCW 36.145.020(1)(h), to result in an overall odd number of supervisors.
(5) The legislative authorities may appoint qualified professionals with expertise in municipal finance in lieu of one or more appointments authorized in this section. A jurisdiction's appointments to the board of supervisors may consist of a combination of qualified professionals authorized under this section and one or more members from the applicable legislative authority. Nothing contained in this section authorizes a legislative authority to exceed the maximum number of appointments set forth under subsection (2) or (3) of this section.
(6) A vacancy on the board must be filled by the legislative authority authorized to make the appointment to the applicable supervisor position under this section. Vacancies must be filled by a person in the same position vacating the board, which for initial petitioner members or nominees includes successor owners of property located within the boundaries of an approved district. If the approved district was originally located entirely on unincorporated land and the unincorporated land has been annexed into a city or town, then, as of the effective date of annexation, the city or town is deemed the exclusive legislative authority for the purposes of this chapter and the composition of the board must be structured accordingly, as provided in this section. Supervisors must serve without compensation, but they are entitled to expenses, including traveling expenses, necessarily incurred in discharge of their duties. The board must designate a chair from time to time.
[ 2010 c 7 s 301.]

catchline: Board of supervisors—Members—Vacancies.


title: RCW 36.145.090

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

catchline: Powers.


title: RCW 36.145.100

text:
(1) Through the use of district revenue derived through special assessments and bonds authorized under this chapter and, consistent with the terms and conditions of a petition approved in accordance with this chapter, a community facilities district may finance all or a portion of the following costs, expenses, and facilities whether located inside or outside the boundaries of an approved district:
(a) The cost, or any portion thereof, of the purchase, finance, lease, sublease, construction, expansion, improvement, or rehabilitation of any facility with an estimated life of five years or longer;
(b) The planning and design work that is directly related to the purchase, construction, expansion, improvement, or rehabilitation of a facility, including engineering, architectural, planning, and inspection costs;
(c) Facilities listed in RCW 35.43.040 to the extent not specified in this section;
(d) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use, and discharge;
(e) Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use, and discharge;
(f) Water systems for domestic, industrial, irrigation, municipal, or community facilities purposes, including production, collection, storage, treatment, transport, delivery, connection, and dispersal;
(g) Highways, streets, roadways, and parking facilities, including all areas for vehicular use for travel, ingress, egress, and parking;
(h) Areas for pedestrian, equestrian, bicycle, or other nonmotor vehicle use for travel, ingress, egress, and parking;
(i) Pedestrian malls, parks, recreational facilities, and open-space facilities for the use of members of the public for entertainment, assembly, and recreation;
(j) Landscaping, including earthworks, structures, lakes, and other water features, plants, trees, and related water delivery systems;
(k) Public buildings, public safety facilities, and community facilities;
(l) Publicly owned natural gas transmission and distribution facilities, facilities for the transmission or distribution of electrical energy, and limited communications facilities, specifically poles, trenches, and conduits, for use of any communications provider;
(m) Street lighting;
(n) Traffic control systems and devices, including signals, controls, markings, and signage;
(o) Systems of surface, underground, or overhead railways, tramways, buses, or any other means of mass transportation facilities, including passenger, terminal, station parking, and related facilities and areas for passenger and vehicular use for travel, ingress, egress, and parking;
(p) Library, educational, and cultural facilities; and
(q) Facilities similar to those listed in this section.
(2) The district may not finance public or private residential dwellings, nonprofit facilities as defined in RCW 43.180.300, health care facilities as defined in RCW 70.37.020, higher education institutions as defined in RCW 28B.07.020, or economic development activities as defined in RCW 43.163.010.
[ 2010 c 7 s 501.]

catchline: Financing district costs, expenses, and facilities—Prohibitions.


title: RCW 36.145.110

text:
(1) The board of supervisors of a community facilities district may impose special assessments on property located inside the district and benefited by the facilities and improvements provided, or to be provided, by a district, whether the facilities and improvements are located inside or outside of the boundaries of the proposed district. The requirements and powers of a district relating to the formation, assessment, collection, foreclosure, and other powers of a special assessment district are as set forth in chapters 35.43, 35.44, 35.49, and 35.50 RCW, except where otherwise addressed under this chapter. In any case where the provisions of this chapter conflict with the requirements under any other chapter that applies to the formation, assessment, collection, foreclosure, or other powers of a special assessment district, the provisions of this chapter control.
(2) Except as otherwise expressly provided under this chapter, the special assessments imposed and collected on property within a district may not exceed the amount set forth in a petition or amended petition approved in accordance with this chapter.
(3) The term of the special assessment is limited to the lesser of (a) thirty-five years or (b) the full term of any bonds issued by or on behalf of the district to which the assessments or other revenue of the district is specifically dedicated, pledged, or obligated.
(4) The computation of special assessments must follow the requirements of chapter 35.44 RCW, including the authority to use any method or combination of methods to compute assessments which may be deemed by the board of supervisors to fairly reflect the benefit to the properties being assessed. The method of assessment may utilize the supplemental authority granted under chapter 35.51 RCW. A petition meeting the requirements of RCW 36.145.020 may provide for the reduction or waiver of special assessments for low-income households as that term is defined in RCW 36.130.010.
(5) The board must set a date, time, and place for hearing any objections to the assessment roll, which hearing must occur no later than one hundred twenty days from final approval of formation of the district. Petitioners or representatives thereof serving on the board of supervisors must not participate in the determination of the special assessment roll or vote on the confirmation of that assessment roll. The restriction in this subsection does not apply to members of the board of supervisors appointed from among the qualified professionals that petitioners may nominate under RCW 36.145.020(1)(h).
(6) The procedures and requirements for assessments, hearings on the assessment roll, filing of objections to the assessment roll, and appeals from the decision of the board approving or rejecting the assessment roll, must be as set forth in RCW 35.44.010 through 35.44.020, 35.44.080 through 35.44.110, and 35.44.190 through 35.44.270.
(7) At the hearing on the assessment roll, and in no event later than thirty days after the day of the hearing, the board may adopt a resolution approving the assessment roll or may correct, revise, raise, lower, change, or modify the assessment roll or any part thereof, and provide the petitioner with a detailed explanation of the changes made by the board.
(8) If the assessment roll is revised by the board in any way, then, within thirty days of the board's decision, the petitioner(s) must unanimously make one of the following elections: (a) Rescind the petition; or (b) accept the changes made by the board, upon which occurrence the board must adopt a resolution approving the assessment roll as modified by the board.
(9) Reassessments, assessments on omitted property, and supplemental assessments are governed by the provisions set forth under chapter 35.44 RCW.
(10) Any assessment approved under the provisions of this chapter may be segregated upon a petition of one hundred percent of the owners of the property subject to the assessment to be segregated. The segregation must be made as nearly as possible on the same basis as the original assessment was levied and approved by the board. The board, in approving a petition for segregation and amendment of the assessment roll, must do so in a fashion such that the total of the segregated parts of the assessment equal the assessment before segregation. As to any property originally entered upon the roll the assessment upon which has not been raised, no objections to the approval of the petition for segregation, the resulting assessment, or the amended assessment roll may be considered by the jurisdiction in which the district is located, the board, or by any court on appeal. Assessments must be collected in districts pursuant to the district's previous assessment roll until the amendment to the assessment roll is finalized under this section.
(11) Except as provided under chapter 35.44 RCW, assessments may not be increased without the approval of one hundred percent of the property owners subject to the proposed increase.
(12) Special assessments must be collected by the district treasurer determined in accordance with RCW 36.145.140.
(13) A notice of any special assessment imposed under this chapter must be provided to the owner of the assessed property, not less than once per year, with the following appearing at the top of the page in at least fourteen point, bold font:
****NOTICE****
THIS PROPERTY IS SUBJECT TO THE ASSESSMENTS ITEMIZED BELOW AND APPROVED BY COMMUNITY FACILITIES DISTRICT # . . . . .. AS THE OWNER OR POTENTIAL BUYER OF THIS PROPERTY, YOU ARE, OR WOULD BE, RESPONSIBLE FOR PAYMENT OF THE AMOUNTS ITEMIZED BELOW.
PLEASE REFER TO RCW 36.145.110 OR CONTACT YOUR COUNTY AUDITOR FOR ADDITIONAL INFORMATION.
(14) The district treasurer responsible for collecting special assessments may account for the costs of handling the assessments and may collect a fee not to exceed the measurable costs incurred by the treasurer.
[ 2019 c 260 s 1; 2010 c 7 s 502.]

catchline: Special assessments—Procedures and requirements—Notice.


title: RCW 36.145.120

text:
(1) The district may utilize the special assessments and revenue derived in accordance with this chapter for the payment of principal and interest on bonds issued pursuant to the authority granted under this chapter to fund or reimburse the costs of facilities authorized under this chapter and prior to the issuance of bonds, may utilize the revenue to directly fund the costs of providing the facilities authorized under this chapter on a pay-as-you-go basis.
(2) The board of supervisors may establish, administer, and pay or otherwise dedicate, pledge, or obligate the assessments and revenue generated in accordance with this chapter into a specific fund created by or on behalf of the district, in order to guarantee payment of obligations incurred in connection with facilities provided under this chapter, including the payment of principal and interest on any bonds issued by or on behalf of the district.
(3) The proceeds of any bond issued pursuant to this chapter may be used to pay any and all costs related to providing the facilities authorized under this chapter, including expenses incurred in connection with issuance of the bonds.
(4) The reporting requirements of RCW 39.44.210 apply to any bond issuance under this chapter.
[ 2010 c 7 s 503.]

catchline: Payment of bonds—Related costs.


title: RCW 36.145.130

text:
No bonds issued by or on behalf of a community facilities district are obligations of any city, town, county, or the state of Washington or any political subdivision thereof other than the district and the bonds must so state.
[ 2010 c 7 s 504.]

catchline: Bonds sole obligation of district.


title: RCW 36.145.140

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

catchline: District treasurer—How appointed, duties and powers.


title: RCW 36.145.150

text:
All assessments imposed on the respective lots, tracts, parcels of land, and other property included within the boundaries of an approved district in accordance with this chapter are a lien upon the property from the date of final approval and are paramount and superior to any other lien or encumbrance whatsoever, theretofore or thereafter created, except a lien for general taxes.
[ 2010 c 7 s 601.]

catchline: Individual assessments on district property—Liens.


title: RCW 36.150.010

text:
Any county with a population of one million or more in which a county ferry district has been established pursuant to RCW 36.54.110 through 36.54.190 with boundaries coterminous with the boundaries of the county may by ordinance or resolution of the county legislative authority assume the rights, powers, functions, and obligations of the county ferry district in accordance with this chapter.
[ 2014 c 51 s 1.]

catchline: County assumption of county ferry district authority.


title: RCW 36.150.020

text:
The assumption of the rights, powers, functions, and obligations of a county ferry district may be initiated by the adoption of an ordinance or a resolution by the county legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations. If the county legislative authority adopts such an ordinance or a resolution of intention, the ordinance or resolution must set a time and place at which the county legislative authority will consider the proposed assumption of the rights, powers, functions, and obligations of the county ferry district, and must state that all persons interested may appear and be heard. The ordinance or resolution of intention must be published at least two times during the two weeks preceding the scheduled hearing in newspapers of daily general circulation printed or published in the county in which the county ferry district is to be located.
[ 2014 c 51 s 2.]

catchline: Initiation of county assumption.


title: RCW 36.150.030

text:
At the time scheduled for the hearing in the ordinance or resolution of intention, the county legislative authority must consider the assumption of the rights, powers, functions, and obligations of the county ferry district and hear those appearing and all protests and objections to it. The county legislative authority may continue the hearing from time to time, not exceeding sixty days in all.
[ 2014 c 51 s 3.]

catchline: Consideration of county assumption—Public hearing.


title: RCW 36.150.040

text:
(1) If, after receiving testimony, the county legislative authority determines that the public interest or welfare would be satisfied by the county assuming the rights, powers, immunities, functions, and obligations of the county ferry district, the county legislative authority may declare that to be its intent and assume such rights, powers, immunities, functions, and obligations by ordinance or resolution, providing that the county is vested with every right, power, immunity, function, and obligation currently granted to or possessed by the county ferry district pursuant to RCW 36.54.110 through 36.54.190. However, in exercising such rights, powers, immunities, functions, and obligations, all actions must be taken in the name of the county and title to all property or property rights vest in the county.
(2) Upon assumption of the rights, powers, immunities, functions, and obligations of the county ferry district by the county: The governing body established pursuant to RCW 36.54.110(5) must be abolished; RCW 36.54.110(5) does not apply to the county; and the county legislative authority is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the county ferry district. However, in any county with a home rule charter, such rights, powers, functions, and obligations vest in accordance with the executive and legislative responsibilities defined in such charter.
[ 2014 c 51 s 4.]

catchline: Satisfaction of public interest or welfare—Declaration of county assumption—Vesting of authority—Abolishment of county ferry district governing body.


title: RCW 36.150.050

text:
Employees and personnel of the county ferry district do not automatically become employees of the county.
[ 2014 c 51 s 5.]

catchline: County ferry district employees and personnel.


title: RCW 36.150.060

text:
No transfer of any function made pursuant to this chapter may be construed to impair or alter any existing rights acquired under RCW 36.54.110 through 36.54.190 or any other provision of law relating to county ferry districts, nor as impairing or altering any actions, activities, or proceedings validated thereunder, nor as impairing or altering any civil or criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the assumption of control of any county ferry district function by a county, nor any transfer of rights, powers, functions, and obligations as provided in this chapter, may impair or alter the validity of any act performed by such county ferry district or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by any county as authorized by this chapter. Furthermore, an ad valorem property tax levy upon real and personal property authorized under RCW 36.54.130 and levied by a county as authorized under this chapter must be treated as a levy by a county ferry district for all purposes including, but not limited to, limitations on levies contained in RCW 84.52.043.
[ 2014 c 51 s 6.]

catchline: Preservation of existing rights, proceedings, and actions—Levies.


title: RCW 36.150.070

text:
(1) All rules and regulations, and all pending business before the board of any county ferry district transferred pursuant to this chapter[,] must be continued and acted upon by the county.
(2) All existing contracts and obligations of the transferred county ferry district remain in full force and effect , and must be performed by the county. A transfer authorized in this chapter does not affect the validity of any official act performed by any official or employee prior to the transfer authorized pursuant to this chapter.
[ 2014 c 51 s 7.]

catchline: Continuation of rules, regulations, and pending business—Performance of contracts—Validity of official acts.


title: RCW 36.150.080

text:
(1) When the rights, powers, functions, and obligations of a county ferry district are transferred pursuant to this chapter, all real and personal property owned by the county ferry district becomes that of the county.
(2) All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions transferred pursuant to this chapter and available to the county ferry district must be made available to the county.
(3) All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the rights, powers, functions, and obligations transferred under this chapter and available to the county ferry district must be made available to the county.
(4) All funds, credits, or other assets held in connection with powers, duties, and functions transferred under this chapter must be assigned to the county.
(5) Any appropriations or federal grant made to the county ferry district for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by a county pursuant to this chapter, on the effective date of such transfer, must be credited to the county for the purpose of carrying out such transferred rights, powers, functions, and obligations.
[ 2014 c 51 s 8.]

catchline: Transfer of county ferry district real and personal property—Assumption of appropriations and federal grants.


title: RCW 36.150.090

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

catchline: Assumption and payment of county ferry district indebtedness.


title: RCW 36.16.010

text:
The election of county and precinct officers shall be held on the Tuesday next following the first Monday in November, 1922; and every four years thereafter on the Tuesday next following the first Monday in November, and all such elective county and precinct officers shall after midnight, June 11, 1919, be elected at the time herein specified: PROVIDED, That if a vacancy occur during the first biennium after any such election, an election to fill such vacancy for the unexpired term shall be held at the next succeeding general election.
[ 1963 c 4 s 36.16.010. Prior: 1919 c 175 s 2; RRS s 4030.]

catchline: Time of election.


title: RCW 36.16.020

text:
The term of office of all county and precinct officers shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280: PROVIDED, That this section and RCW 36.16.010 shall not apply to county commissioners.
[ 2015 c 53 s 60; 1979 ex.s. c 126 s 26; 1963 c 4 s 36.16.020. Prior: 1959 c 216 s 2; 1919 c 175 s 1; 1886 p 101 s 2; Code 1881 s 3153; 1877 p 330 s 2; 1871 p 35 s 3; 1867 p 7 s 4; RRS s 4029.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Term of county and precinct officers.