title: RCW 35.104.060

text:
(1) The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers, including the authority may:
(a) Sue and be sued in its own name;
(b) Make and execute agreements, contracts, and other instruments, with any public or private entity or person, in accordance with this chapter;
(c) Employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or desirable to implement this chapter;
(d) Establish such special funds, and control deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;
(e) Enter into contracts with public and private entities for research to be conducted in this state;
(f) Delegate any of its powers and duties if consistent with the purposes of this chapter;
(g) Exercise any other power reasonably required to implement the purposes of this chapter; and
(h) Hire staff and pay administrative costs; however, such expenses shall be paid from moneys provided by the sponsoring local government and moneys received from gifts, grants, and bequests and the interest earned on the authority's accounts and investments. No more than ten percent of the amounts received under RCW 82.14.480 may be used by a health sciences and services authority for the purposes of subsections (1)(c) and (h) of this section.
(2) In addition to other powers and duties prescribed in this chapter, the authority is empowered to:
(a) Use the authority's public moneys, leveraging those moneys with amounts received from other public and private sources in accordance with contribution agreements, to promote bioscience-based economic development, and to advance new therapies and procedures to combat disease and promote public health;
(b) Solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities to receive moneys in consideration of the authority's promise to leverage those moneys with the revenue generated by the tax authorized under RCW 82.14.480 and contributions from other public entities and private entities, in order to use those moneys to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health;
(c) Hold funds received by the authority in trust for their use pursuant to this chapter to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health;
(d) Manage its funds, obligations, and investments as necessary and consistent with its purpose, including the segregation of revenues into separate funds and accounts;
(e) Borrow money and incur indebtedness pursuant to RCW 35.104.110;
(f) Make grants to entities pursuant to contract to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health. Grant agreements shall specify the deliverables to be provided by the recipient pursuant to the grant. Grants to private entities may only be provided under a contractual agreement that ensures the state will receive appropriate consideration, such as an assurance of job creation or retention, or the delivery of services that provide for the public health, safety, and welfare. The authority shall solicit requests for funding and evaluate the requests by reference to factors such as: (i) The quality of the proposed research; (ii) its potential to improve health outcomes, with particular attention to the likelihood that it will also lower health care costs, substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular disease or condition; (iii) its potential to leverage additional funding; (iv) its potential to provide health care benefits; (v) its potential to stimulate employment; and (vi) evidence of public and private collaboration;
(g) Create one or more advisory boards composed of scientists, industrialists, and others familiar with health sciences and services; and
(h) Adopt policies and procedures to facilitate the orderly process of grant application, review, and reward.
(3) The records of the authority shall be subject to audit by the office of the state auditor.
[ 2010 1st sp.s. c 33 s 1; 2009 c 564 s 921; 2007 c 251 s 6.]
Notes:
Effective date—2009 c 564: See note following RCW 2.68.020.
Captions not law—Severability—2007 c 251: See notes following RCW 35.104.010.

catchline: Powers and duties.


doc_type: statute

jurisdiction: wa

title: RCW 35.104.070

text:
(1) A local government that creates a health sciences and services authority may incur general indebtedness, and issue general obligation bonds, to finance the grants and other programs and retire the indebtedness in whole or in part from the funds distributed pursuant to RCW 82.14.480 and subject to the following requirements:
(a) The ordinance adopted by the local government creating the authority and authorizing the use of the excise tax in RCW 82.14.480 indicates an intent to incur this indebtedness and the maximum amount of this indebtedness that is contemplated; and
(b) The local government includes this statement of the intent in all notices.
(2) The general indebtedness incurred under this section may be payable from other tax revenues, the full faith and credit of the sponsoring local government, and nontax income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money available to the local government for payment of costs of the grants and other programs or associated debt service on the general indebtedness.
[ 2007 c 251 s 7.]
Notes:
Captions not law—Severability—2007 c 251: See notes following RCW 35.104.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: General indebtedness—General obligation bonds.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.104.080

text:
The bonds issued by a local government under RCW 35.104.070 shall not constitute an obligation of the state of Washington, either general or special.
[ 2007 c 251 s 8.]
Notes:
Captions not law—Severability—2007 c 251: See notes following RCW 35.104.010.

catchline: Limitation on bonds issued.


title: RCW 35.104.090

text:
(1) Members of the board, as well as other persons acting on behalf of the authority, while acting within the scope of their employment or agency, shall not be subject to personal liability resulting from their official duties conferred on them under this chapter.
(2) The state, the local government that created the authority, and the authority shall not be liable for any loss, damage, harm, or other consequences resulting directly or indirectly from grants provided by the authority or from programs, services, research, or other activities funded with such grants.
[ 2007 c 251 s 9.]
Notes:
Captions not law—Severability—2007 c 251: See notes following RCW 35.104.010.

catchline: Liability.


title: RCW 35.104.100

text:
The board may petition the sponsoring local government to be dissolved upon a showing that it has no reason to exist and that any assets it retains must be returned to the state treasurer.
[ 2007 c 251 s 10.]
Notes:
Captions not law—Severability—2007 c 251: See notes following RCW 35.104.010.

catchline: Dissolution of sponsoring local government.


title: RCW 35.104.110

text:
(1) A local government that has established a health sciences and services authority under RCW 35.104.030 may, by ordinance or resolution, authorize the authority to borrow money under the conditions set forth in this section.
(2) Moneys borrowed by an authority must be secured by funds derived from gifts or grants from any source, public or private, federal, state, or local government grants or payments, or intergovernmental transfers.
(3) The authority shall incur no expense or liability that is an obligation, either general or special, of the state or local government, or a general obligation of the authority, and shall pay no expense or liability from funds other than funds of the authority.
[ 2010 1st sp.s. c 33 s 4.]

catchline: Borrowed moneys—Liability.


title: RCW 35.106.005

text:
The legislature finds that local governments, landlords, and tenants working together to provide crime-free rental housing is beneficial to the public health, safety, and welfare. The legislature is also concerned about activities and provisions that serve to bar a person with a criminal history from obtaining viable housing regardless of other factors that may indicate rental stability, such as employment, rental references, or time in the community with no further criminal activity. It is therefore the intent of chapter 132, Laws of 2010 to provide certain requirements that a local government must follow in adopting a crime-free rental housing program.
[ 2010 c 132 s 1.]

catchline: Finding—Intent.


title: RCW 35.106.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Crime-free rental housing program" means a crime prevention program designed to reduce crime, drugs, and gangs on rental housing premises under the supervision of the local police department or a crime prevention officer. The program may include, but is not limited to: Property management and crime prevention training classes; crime prevention through environmental design surveys; and community awareness training.
(2) "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants, owner, guests, occupants, or property manager.
(3) "Local government" means any city, code city, town, or county.
(4) "Premises" has the same meaning as in RCW 59.18.030.
(5) "Rental housing" means any tenancy subject to chapter 59.12, 59.18, or 59.20 RCW.
[ 2010 c 132 s 2.]

catchline: Definitions.


title: RCW 35.106.020

text:
(1)(a) Except as provided in (b) of this subsection, a local government may adopt and implement a crime-free rental housing program within its jurisdiction in accordance with this chapter.
(b) A crime-free rental housing program adopted and implemented by a county is applicable only to unincorporated areas of the county.
(2) Except as provided in subsection (3) of this section, a crime-free rental housing program must be voluntary.
(3)(a) A local government may require a landlord to participate in a crime-free rental housing program upon exceeding a reasonable threshold of instances of criminal activity on the premises if the landlord has not made a good faith effort to deter the criminal activity.
(b) A good faith effort may include, but is not limited to:
(i) Service of notice on the tenant to comply or quit as allowed by law or the commencement of an unlawful detainer action against the tenant; and
(ii) Attendance and completion of a landlord training program approved by the local government.
(4)(a) As a prerequisite to subsection (3) of this section, upon the occurrence of criminal activity on the premises, the local police department must send a notice to the landlord setting forth the following:
(i) The date and location of the occurrence;
(ii) The nature of the occurrence; and
(iii) The name of the person who engaged in the occurrence.
(b) Notice is deemed properly delivered when it is either served upon the landlord or a property manager of the rental property, or is delivered by first-class mail to the last known address of the landlord.
(5) This section does not prevent a local government from charging a fee for participation in a crime-free rental housing program.
(6) This section does not affect a local government's authority to enforce existing law in regard to rental housing, except in regard to a crime-free rental housing program.
[ 2010 c 132 s 3.]

catchline: Crime-free rental housing program.


title: RCW 35.106.030

text:
A crime-free rental housing program may not prohibit a landlord from hiring or renting to a person solely because of the person's criminal history.
[ 2010 c 132 s 4.]

catchline: Program—No prohibition against hiring or renting to person based on criminal history.


title: RCW 35.106.100

text:
(1) Except as provided in subsection (2) of this section, this chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all local governments regarding the same subject matter. The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to crime-free rental housing programs at any time.
(2) RCW 35.106.020 does not apply to rules, regulations, codes, statutes, or ordinances adopted by local governments prior to July 1, 2010, except as required by an order issued by a court of competent jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances.
[ 2010 c 132 s 5.]

catchline: Chapter supersedes and preempts local laws—Application of RCW 35.106.020 to local laws.


title: RCW 35.107.005

text:
The legislature finds that the cost of developing high quality, commercial office space is prohibitive in cities located outside of a major metropolitan area. The legislature finds these cities plan to locate commercial office space within those urban centers. The legislature also finds that solely planning for commercial office space within urban centers is inadequate and an incentive should be created to stimulate commercial office space development in urban centers outside major metropolitan areas. The legislature intends to provide these cities with local options to incentivize the development of commercial office space in urban centers with access to transit, transportation systems, and other amenities.
[ 2019 c 273 s 1.]

catchline: Findings—Intent.


title: RCW 35.107.010

text:
A governing authority of a city may designate a commercial office space development area. Within the area, the city may:
(1) Adopt a local sales and use tax remittance program to incentivize the development of commercial office space; and
(2) Establish a local property tax reinvestment program to make public improvements that incentivize the development of commercial office space.
[ 2019 c 273 s 2.]

catchline: Commercial office space development area—Local sales and use tax remittance program—Local property tax reinvestment program.


title: RCW 35.107.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commercial office space" means a high quality building or buildings in the local market, as determined by a city's governing authority. High quality must be reflected in the finishes, construction, and infrastructure of the project building. The building or buildings must be at least fifty thousand square feet, and at least three stories. The building must be centrally located in a city, provide close access to available public transportation and freeways, be managed professionally, and offer amenities and advanced technology options to tenants.
(2) "Commercial office space development area" means an area that has been designated by the city legislative authority as a commercial office space development area. Each area is limited to contiguous tracts, lots, pieces, or parcels of land without the creation of islands of property not included in the commercial office space development area. The commercial office space development area or areas within a city cannot contain more than twenty-five percent of the total assessed value of the taxable real property within the boundaries of the city at the time the area is established.
(3) "County" means a county with a population of less than one million five hundred thousand.
(4) "Family living wage job" means a job with a wage that is sufficient for raising a family. A family living wage job must have an average wage of eighteen dollars an hour or more, working two thousand eighty hours per year, as adjusted annually by the consumer price index. The family living wage may be increased by the local authority based on regional factors and wage conditions.
(5) "Operationally complete" means that a certificate of occupancy has been issued for the building.
(6) "Public improvement" means infrastructure improvements to be owned by a public entity within the commercial office space development area that include:
(a) Street, road, bridge, and rail construction and maintenance;
(b) Water and sewer system construction and improvements;
(c) Sidewalks, streetlights, landscaping, and streetscaping;
(d) Parking, terminal, and dock facilities;
(e) Park and ride facilities of a transit authority;
(f) Park facilities, recreational areas, and environmental remediation;
(g) Stormwater and drainage management systems;
(h) Seismic improvements to buildings eligible for or eligible for listing in the Washington state register of historic places (RCW 27.34.220) or the national register of historic places as defined in the national historic preservation act of 1966 (Title 1, Sec. 101, P.L. 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended;
(i) Electric, gas, fiber, and other utility infrastructures; and
(j) Expenditures for any of the following purposes:
(i) Providing environmental analysis, professional management, planning, and promotion within the commercial office space development area; and
(ii) Providing maintenance and security for common or public areas in the commercial office space development area.
(7) "Public improvement costs" means the costs of:
(a) Design; planning; acquisition, including land acquisition; site preparation, including land clearing; construction; reconstruction; rehabilitation; improvements; and installation of public improvements;
(b) Demolishing, relocating, maintaining, and operating property pending construction of public improvements;
(c) Relocating utilities as a result of public improvements;
(d) Financing public improvements, including interest during construction; legal, and other professional services; taxes; insurance; principal and interest costs on general indebtedness issued to finance public improvements; and any necessary reserves for general indebtedness; and
(e) Administrative expenses and feasibility studies reasonably necessary and related to these costs, including related costs that may have been incurred before adoption of the ordinance authorizing the public improvements and use of funds deposited into the commercial office development public improvement fund.
(8) "Qualifying project" means new construction or rehabilitation of a building or group of buildings intended for use as commercial office space. A "qualifying project" may include mixed-use buildings, not solely intended to be used as office space, but does not include any portion of a project intended for residential use or noncommercial use. A "qualifying project" may include new construction, or rehabilitation of an existing building, which included an area intended to be used for child care facilities at or near the commercial office space. "Qualifying project" does not include the land associated with the new construction or rehabilitation.
(9) "Rehabilitation" and "rehabilitation improvements" means modifications to an existing building or buildings made to achieve substantial improvements such that the building or buildings can be categorized as commercial office space.
(10) "Rehabilitation improvements" means modifications to an existing building or buildings made to achieve substantial improvements such that the building or buildings can be categorized as commercial office space.
(11) "Urban center" means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain:
(a) Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, and governmental agencies;
(b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and
(c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office use, or both commercial and office use.
[ 2019 c 273 s 3.]


title: RCW 35.107.030

text:
(1) In order for a city to approve a qualifying project to receive a sales and use tax remittance and participate in a local property tax reinvestment program, the city legislative authority must adopt an ordinance designating a commercial office space development area or areas. In the ordinance, the city legislative authority must:
(a) Outline the boundaries of the commercial office space development area or areas, consistent with the definitions of this chapter;
(b) Find that the area is wholly within an urban center;
(c) Find that the area lacks sufficient available, desirable, high quality, and convenient commercial office space to provide family living wage jobs in the urban center;
(d) Outline standards and guidelines consistent with RCW 35.107.040 to accept and approve applications for qualifying projects to be considered for a local sales and use tax remittance or a property tax reinvestment program; and
(e) Establish a commercial office development public improvement fund in which to deposit property tax reinvestment revenues.
(2) The city legislative authority must hold a public hearing on the ordinance establishing the commercial office space development area or areas. The city legislative authority must give notice of a hearing held under this section by publication of the notice once each week for two consecutive weeks, not less than seven days, nor more than thirty days before the date of the hearing in a paper having a general circulation in the city where the proposed commercial office space development area or areas would be located. The notice must state the time, date, place, and purpose of the hearing and generally identify the area proposed to be designated as a commercial office space development area.
[ 2019 c 273 s 4.]

catchline: Ordinance establishing commercial office space development area—Requirements.


title: RCW 35.107.040

text:
(1) In order to approve the sales and use tax remittance and property tax reinvestment for a qualifying project under RCW 35.107.030, an owner of a qualifying project must, in coordination with the city, submit an application to the city consistent with the standards and guidelines provided in RCW 35.107.030. Additionally, the application must include:
(a) Whether the qualifying project is located within a commercial office space development area, in accordance with an adopted ordinance under RCW 35.107.030;
(b) Whether the qualifying project meets the definition of a qualifying project;
(c) The number of family living wage jobs estimated to be generated by the qualifying project;
(d) A description of the qualifying project, including a physical description of proposed building or buildings including estimated square footage, number of floors, and a list of features and amenities;
(e) The cost of construction or rehabilitation, and length of time that the qualifying project will be under construction;
(f) Whether the qualifying project is or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved; and
(g) A statement that the qualifying project is not anticipated to be used for the purpose of relocating a business from outside of the commercial office space development area, but within the state, to within the commercial office space development area. This does not exclude the incentives authorized under this chapter and RCW 82.14.532 from being used for the expansion of a business, including the development of additional offices or satellite facilities.
(2) If the project applicant is seeking a sales and use tax remittance, the application must also include:
(a) A written agreement for the use of the local sales and use tax remittance from any taxing authority that imposes a sales or use tax under chapter 82.14 RCW or RCW 81.104.170. The agreement must be authorized by the governing body of such participating taxing authorities. If a taxing authority does not provide a written agreement, the sales and use tax for that taxing authority may not be remitted and the revenue may not be estimated in the application;
(b) An estimate of the amount of local sales and use tax revenue that will be remitted to a taxpayer;
(c) The approximate date that the local sales and use tax revenue will be remitted to a taxpayer; and
(d) The criteria under this section by which a qualifying project can later receive certification under RCW 82.14.532(4) confirming that a taxpayer is eligible for the remittance.
(3) If the city intends to approve the qualifying project for a property tax reinvestment, the application must also include:
(a) A written agreement of the participation of any taxing authority that collects a local property tax allocation. The agreement must be authorized by the governing body of such participating local taxing authorities. If a taxing authority does not provide written agreement, the local property tax for that taxing authority may not be remitted to the city legislative authority that established a commercial office development public improvement fund;
(b) An estimated amount of property tax to be deposited into a commercial office development public improvement fund resulting from the qualifying project; and
(c) A prioritized list of public improvements that support the development of the qualifying project, and the estimated public improvement costs.
[ 2019 c 273 s 5.]

catchline: Application for a qualifying project—Requirements.


title: RCW 35.107.050

text:
(1) The duly authorized administrative official or committee of the city may approve the application if it finds that:
(a) The proposed qualifying project meets the criteria as defined by the city in RCW 35.107.030;
(b) The proposed qualifying project is or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved;
(c) The owner has complied with all standards and guidelines adopted by the city in RCW 35.107.030; and
(d) The site is located in a commercial office space development area that has been designated by the city legislative authority in accordance with the procedures and guidelines indicated in RCW 35.107.030.
(2) If the application is approved, the city must issue the owner of the property a conditional certificate of acceptance of the project for the sales and use tax remittance and participation in a property tax reinvestment program.
(3) If the application is denied by the authorized administrative official or committee authorized by the city legislative authority, the deciding administrative official or committee must state in writing the reasons for denial and send the notice to the applicant at the applicant's last known address within ten days of the denial.
(4) Upon denial by a duly authorized administrative official or committee, an applicant may appeal the denial to the city legislative authority within thirty days after receipt of the denial. The appeal before the governing authority must be based upon the record made before the administrative official or committee with the burden of proof on the applicant to show that there was no substantial evidence to support the administrative official's or committee's decision. The decision of the city legislative authority in denying or approving the application is final.
[ 2019 c 273 s 6.]

catchline: Application approval by administrative official or committee of the city—When authorized.


title: RCW 35.107.060

text:
(1) Once the city approves an application for a qualifying project to participate in a property tax reinvestment program, the city must deposit into a commercial office development public improvement fund, the equivalent of the city's share of the ad valorem property taxation on the value of new construction and rehabilitation improvements of real property for qualifying projects under this chapter for a period of ten successive years beginning January 1st of the calendar year immediately following the calendar year in which the application is initially approved.
(2) For a period of ten successive years beginning January 1st of the calendar year immediately following the calendar year in which the application is initially approved, taxing districts participating under this section that provide a written agreement under RCW 35.107.040 must transfer to the city an amount equivalent to the portion of the taxing district's ad valorem property tax on the value of new construction and rehabilitation improvements of real property for qualifying projects for the city to deposit into a commercial office development public improvement fund.
[ 2019 c 273 s 7.]

catchline: Commercial office development public improvement fund—Required deposits.


title: RCW 35.107.070

text:
(1) The city may only make expenditures from the commercial office development public improvement fund that:
(a) Are to construct the public improvement that was identified in the approved application, requesting the property tax reinvestment submitted under RCW 35.107.040 and approved under RCW 35.107.050;
(b) Transfer funding to the project applicant to construct the public improvement and transfer ownership of the public improvement to a public agency; and
(c) Meet any additional criteria established in an ordinance adopted under RCW 35.107.030.
(2) The city and the project applicant must enter into a written agreement outlining the specifics of the public improvement, associated public improvement costs, responsible parties, and any other information required by the city.
[ 2019 c 273 s 8.]

catchline: Commercial office development public improvement fund—Expenditures.


title: RCW 35.107.080

text:
If a qualifying project participating in the property tax reinvestment program under this chapter changes ownership, the property continues to qualify for the reinvestment, if the new owner complies with all of the application requirements, procedures, terms, conditions, and reporting requirements under this chapter, and meets all of the criteria established by the city to which the application was submitted under this chapter.
[ 2019 c 273 s 9.]

catchline: Ownership change in participating projects.


title: RCW 35.107.090

text:
(1) The joint legislative audit and review committee must study the effectiveness of the local sales and use tax remittance and the local property tax reinvestment programs authorized in this chapter, and submit a report as provided in subsection (3) of this section.
(2) The report must include, but is not limited to, an assessment of the local sales and use tax remittance and the property tax reinvestment programs authorized under this chapter and an evaluation of:
(a) The availability of quality office space;
(b) The effects on affordable housing;
(c) The effects on transportation, traffic congestion, and greenhouse gas emissions; and
(d) Job creation.
(3) By October 1, 2028, and in compliance with RCW 43.01.036, the joint legislative audit and review committee must submit to the appropriate committees of the legislature a final report with their findings and recommendations under this section.
(4) This section expires December 31, 2028.
[ 2019 c 273 s 10.]

catchline: Joint legislative audit and review committee report. (Expires December 31, 2028.)


title: RCW 35.108.010

text:
(1) The legislature finds that solving the state's housing crisis requires a multipronged approach. Finding, acquiring, and holding land in the predevelopment phase is a time-consuming opportunity cost for all developers and is particularly acute for developers of affordable housing. The legislature also finds that the state needs more affordable housing, and land banks play a crucial role in the housing ecosystem by finding, acquiring, and holding land until a developer is ready to build on the parcel or parcels.
(2) The legislature further finds that land banks provide a benefit to neighbors and the community by managing abandoned or underutilized properties, preventing blight and crime, and improving public health and safety. The state intends to enable land banks to operate regionally and provide incentives that result in reduced costs to hold property. In turn, land banks can coordinate with developers throughout their region to build mixed-income developments and give more Washingtonians a place to call home.
(3) Therefore, the legislature intends to authorize land banking authorities to:
(a) Operate as public land banks that hold property, tax-exempt, while preparing it for affordable housing and public benefit uses included with or attached to affordable housing;
(b) Prioritize equity, displacement prevention, and use of land acquisition and disposition strategies to expand capacity and address historical racial segregation, redlining, steering, and land prospecting, that has led to disparities in access to education, living wage employment, affordable housing, and transportation, particularly for Black, indigenous, and other communities of color, to ensure that future development remedies rather than reinforces these patterns; and
(c) Provide for governance and decision making that is representative, transparent, and inclusive so that land banking activities reflect the affordable housing needs of the region and help meet locally identified housing and infrastructure benchmarks.
[ 2026 c 233 s 1.]


title: RCW 35.108.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Land bank" means the inventory of real property acquired, held, leased, or transferred by a land bank authority for purposes consistent with this chapter.
(2) "Land bank authority" means an entity authorized by ordinance or resolution of a city or county legislative authority to establish and operate a land bank under this chapter.
[ 2026 c 233 s 5.]


title: RCW 35.108.030

text:
(1) A city or county legislative authority may authorize the establishment of a land bank by a public corporation established under RCW 35.21.730, a public housing authority established under chapter 35.82 RCW, or an entity exempt from federal income taxation under 26 U.S.C. Sec. 501(c)(3) of the internal revenue code of 1986, as amended. The city or county legislative authority must adopt an ordinance or resolution authorizing such entity to establish and operate a land bank. At a minimum, the ordinance or resolution must:
(a) State the public purpose of the land bank authority, including acquiring, holding, managing, and transferring property for affordable housing consistent with adopted local housing plans and chapter 36.70A RCW;
(b) Describe the governance or oversight structure applicable to the land bank authority; and
(c) Authorize the land bank authority to acquire, hold, lease, and transfer real property, including transfers at less than fair market value in exchange for affordability requirements authorized under this chapter.
(2) The legislative authorities of two or more contiguous counties may authorize the establishment of a land bank to be administered in accordance with an interlocal agreement.
[ 2026 c 233 s 2.]

catchline: Land bank authorities—Establishment.


title: RCW 35.108.040

text:
(1) A land bank authority may acquire, hold, manage, improve, lease, transfer, or dispose of real property to be used as affordable housing. Real property held in the inventory of a land bank must be legally owned by the land bank authority. A land bank authority may also enter into contracts necessary to prepare property for productive use, including clearing title, addressing outstanding liens or taxes, and undertaking predevelopment activities. However, an entity that is exempt from taxation under 26 U.S.C. Sec. 501(c)(3) of the internal revenue code of 1986, as amended, and operating a land bank authority may not build or construct housing.
(2) Land acquisitions and dispositions must:
(a) Be consistent with any existing local, regional, or state housing plans and chapter 43.185B RCW, including the antidisplacement policies in the comprehensive plans of the county or city where the land is located; and
(b) Demonstrate alignment with adopted local housing targets under chapter 36.70A RCW.
(3) A land bank authority may lease or sell land to a housing developer at less than market rate in exchange for compliance with affordability requirements. Such transfers are not required to be made to the highest bidder.
(4) At least 50 percent of the land or property leased or sold by a land bank authority must include a covenant or deed restriction that the housing units developed or operated must maintain affordability requirements for at least 30 years as follows:
(a) Rental housing units must be affordable to households with an income at or below 80 percent of the area median income; and
(b) Owner-occupied housing units must be affordable to households with an income at or below 120 percent of the area median income.
[ 2026 c 233 s 3.]

catchline: Real property acquisition and disposition.


title: RCW 35.108.050

text:
(1) Each land bank authority must prepare an annual report. The annual report must include:
(a) Real property parcels acquired, held, and transferred during the year;
(b) The manner of disposition and alignment with local housing and land use plans;
(c) How each action advanced a community benefit;
(d) The purchase price and assessed value of each parcel acquired;
(e) The sales price and assessed value of each parcel transferred;
(f) The number of housing units developed on each parcel transferred;
(g) The affordability covenants recorded for each parcel sold; and
(h) Progress toward advancing equity, preventing displacement, and meeting locally identified housing needs.
(2) A land bank authority must make annual reports publicly available and submit each report to any city or county in which it has acquired or transferred land or property in the last 12 months. Cities and counties receiving an annual report are encouraged to provide feedback on the land bank's activities and alignment with local housing and land use plans to help guide compliance with local and regional housing plans.
[ 2026 c 233 s 4.]

catchline: Annual report.


title: RCW 35.108.060

text:
(1) All real and personal property owned by a nonprofit entity operating a land bank authority under RCW 35.108.030 is exempt from property taxation.
(2) To qualify for this exemption, the nonprofit entity must be exempt from taxation under 26 U.S.C. Sec. 501(c)(3) of the internal revenue code of 1986, as amended.
[ 2026 c 233 s 9.]
Notes:
Tax preference performance statement—2026 c 233 ss 7, 8, and 9: "(1) This section is the tax preference performance statement for the tax preferences in sections 7 through 9 of this act. This performance statement is only intended to be used for subsequent evaluation of the tax preferences. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
(2) The legislature categorizes this tax preference as one intended to induce certain designated behavior by taxpayers, as indicated in RCW 82.32.808(2)(a).
(3) It is the legislature's specific public policy objective to:
(a) Encourage sales or transfers of real property to land bank authorities that intend the property to be used for affordable housing; and
(b) Reduce the cost of land for housing development by allowing land bank authorities to own land or property without being subject to state or local property tax.
(4) If a review finds that the tax preferences in sections 7 through 9 of this act have not reduced the cost of land for housing development, then the legislature intends to consider repealing the tax preferences.
(5) In order to obtain the data necessary to perform the review in subsection (4) of this section, the joint legislative audit and review committee may refer to any available data source, including county records identifying the assessed value, sales value, and number of housing units developed for any property acquired or transferred by a land bank authority." [ 2026 c 233 s 10.]
Automatic expiration date exemption—2026 c 233 ss 7, 8, and 9: "The provisions of RCW 82.32.805 do not apply to sections 7 through 9 of this act." [ 2026 c 233 s 11.]

catchline: Property tax exemption—Land bank authority inventory.


title: RCW 35.110.010

text:
(1) Any city having a boundary located on Puget Sound or Lake Washington may establish, finance, and provide passenger-only ferry service, including associated services to support and augment passenger-only ferry service operation, within its boundaries. For the purposes of this chapter, Puget Sound has the same meaning as described in RCW 36.57A.200.
(2) Before a city may provide passenger-only ferry service, it must develop a passenger-only ferry investment plan, which must include elements regarding operating or contracting for the operation of passenger-only ferry services; the purchase, lease, or rental of ferry vessels and dock facilities for the provision of transit service; consultation with potentially affected federally recognized Indian treaty fishing tribes and other federally recognized treaty tribes with potentially affected interests to ensure impacts to tribal fishing are minimized; and identifying other activities necessary to implement the plan. The passenger-only ferry investment plan must also set forth terminal locations to be served, consistency with any study developed through the Puget Sound regional council for regional service, projected costs of providing services, and revenues to be generated from tolls, locally collected tax revenues, and other revenue sources. The passenger-only ferry investment plan may recommend additional revenue authority that has not yet been authorized under state law.
(3) The passenger-only ferry investment plan must ensure that services provided under the plan are for the benefit of the residents of the city. The city may use any of its powers to carry out this purpose, unless otherwise prohibited by law. In addition, the city may enter into contracts and agreements to operate passenger-only ferry service, as well as appropriate public-private partnerships including, but not limited to, design-build, general contractor/construction management, or other alternative procurement processes substantially consistent with chapter 39.10 RCW.
(4) The passenger-only ferry investment plan must show design and funding considerations for propulsion types and technologies that meet low, ultra-low, and zero emission targets in relation to any operations and business plan to ensure a viable route. Considerations should include vessel design, electrification, as well as shoreside infrastructure. The investment plan must also show best management practices and technologies available and considered to reduce impacts to water quality, prevention of strikes, and underwater noise that impact the southern resident killer whale population, other marine mammals, and aquatic life.
[ 2020 c 181 s 1.]

catchline: When authorized—Investment plan.


title: RCW 35.13.001

text:
Actions taken under chapter 35.13 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 28.]

catchline: Actions subject to review by boundary review board.


title: RCW 35.13.005

text:
No city or town located in a county in which urban growth areas have been designated under RCW 36.70A.110 may annex territory beyond an urban growth area.
[ 1990 1st ex.s. c 17 s 30.]
Notes:
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: Annexations beyond urban growth areas prohibited.


title: RCW 35.13.010

text:
Any portion of a county not incorporated as part of a city or town but lying contiguous thereto may become a part of the city or town by annexation. An area proposed to be annexed to a city or town shall be deemed contiguous thereto even though separated by water or tide or shore lands [tidelands or shorelands] on which no bona fide residence is maintained by any person.
[ 2009 c 402 s 2; 1965 c 7 s 35.13.010. Prior: 1959 c 311 s 1; prior: (i) 1937 c 110 s 1; 1907 c 245 s 1; RRS s 8896. (ii) 1945 c 128 s 1; Rem. Supp. 1945 s 8909-10.]
Notes:
Intent—2009 c 402: See note following RCW 35.13.490.
Validation of certain incorporations and annexations—Municipal corporations of the fourth class—1961 ex.s. c 16: See note following RCW 35.21.010.

catchline: Authority for annexation.


title: RCW 35.13.015

text:
In addition to the method prescribed by RCW 35.13.020 for the commencement of annexation proceedings, the legislative body of any city or town may, whenever it shall determine by resolution that the best interests and general welfare of such city or town would be served by the annexation of unincorporated territory contiguous to such city or town, file a certified copy of the resolution with the board of county commissioners of the county in which said territory is located. The resolution of the city or town initiating such election shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, as nearly as may be state the number of voters residing therein, pray for the calling of an election to be held among the qualified voters therein upon the question of annexation, and provide that said city or town will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. Whenever a city or town has prepared and filed a comprehensive plan for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, the resolution initiating the election may also provide for the simultaneous adoption of the comprehensive plan upon approval of annexation by the electorate of the area to be annexed.
[ 2022 c 26 s 2; 1975 1st ex.s. c 220 s 6; 1973 1st ex.s. c 164 s 2; 1970 ex.s. c 52 s 6; 1967 c 73 s 7; 1965 ex.s. c 88 s 3; 1965 c 7 s 35.13.015. Prior: 1961 c 282 s 1.]
Notes:
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.

catchline: Election method—Resolution for election—Contents of resolution.


title: RCW 35.13.020

text:
A petition for an election to vote upon the annexation of a portion of a county to a contiguous city or town signed by qualified voters resident in the area equal in number to twenty percent of the votes cast at the last election may be filed in the office of the board of county commissioners. The petition shall be filed with the legislative body of the city or town to which the annexation is proposed, and such legislative body shall, by resolution entered within sixty days from the date of presentation, notify the petitioners, either by mail or by publication in the same manner notice of hearing is required by RCW 35.13.040 to be published, of its approval or rejection of the proposed action. In approving the proposed action, the legislative body may require that there also be submitted to the electorate of the territory to be annexed, a proposition that all property within the area to be annexed shall, upon annexation be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. Only after the legislative body has completed preparation and filing of a comprehensive plan for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, the legislative body in approving the proposed action, may require that the comprehensive plan be simultaneously adopted upon approval of annexation by the electorate of the area to be annexed. The approval of the legislative body shall be a condition precedent to the filing of such petition with the board of county commissioners as hereinafter provided. The costs of conducting such election shall be a charge against the city or town concerned. The proposition or questions provided for in this section may be submitted to the voters either separately or as a single proposition.
[ 2022 c 26 s 3; 1981 c 332 s 3; 1973 1st ex.s. c 164 s 3; 1967 c 73 s 8; 1965 ex.s. c 88 s 4; 1965 c 7 s 35.13.020. Prior: 1961 c 282 s 7; prior: 1951 c 248 s 6; 1907 c 245 s 2, part; RRS s 8897, part.]

catchline: Election method—Petition for election—Signers—Rate of assessment in annexed area—Comprehensive plan—Filing and approval—Costs.


title: RCW 35.13.030

text:
A petition filed with the county commissioners to call an annexation election shall, subject to RCW 35.02.170, particularly describe the boundaries of the area proposed to be annexed, state the number of voters residing therein as nearly as may be, state the provisions, if any there be, relating to assumption of debt by the owners of property of the area proposed to be annexed, and/or the simultaneous adoption of a comprehensive plan for the area proposed to be annexed, and shall pray for the calling of an election to be held among the qualified voters therein upon the question of annexation.
[ 2022 c 26 s 4; 1975 1st ex.s. c 220 s 7; 1967 c 73 s 9; 1965 ex.s. c 88 s 5; 1965 c 7 s 35.13.030. Prior: 1961 c 282 s 8; prior: 1907 c 245 s 2, part; RRS s 8897, part.]
Notes:
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.

catchline: Election method—Petition for election—Content.


title: RCW 35.13.040

text:
Upon the filing of approval by the review board of a twenty percent annexation petition under the election method to call an annexation election, the board of county commissioners at its next meeting shall fix a date for hearing thereon to be held not less than two weeks nor more than four weeks thereafter, of which hearing the petitioners must give notice by publication once each week at least two weeks prior thereto in some newspaper of general circulation in the area proposed to be annexed. Upon the day fixed, the board shall hear the petition, and if it complies with the requirements of law and has been approved by the review board, shall grant it. The hearing may be continued from time to time for an aggregate period not exceeding two weeks.
[ 1973 1st ex.s. c 164 s 4; 1965 c 7 s 35.13.040. Prior: 1961 c 282 s 9; prior: 1907 c 245 s 2, part; RRS s 8897, part.]

catchline: Election method—Hearing—Notice.


title: RCW 35.13.050

text:
After the filing with the board of county commissioners of a petition or resolution pursuant to RCW 35.13.015 to call an annexation election, pending the hearing under the twenty percent annexation petition under the election method and pending the election to be called thereunder, the board of county commissioners shall not consider any other petition or resolution involving any portion of the territory embraced therein: PROVIDED, That the petition or resolution may be withdrawn or a new petition or resolution embracing other or different boundaries substituted therefor by a majority of the signers thereof, or in the case of a resolution, by the legislative body of the city or town, and the same proceeding shall be taken as in the case of an original petition or resolution.
[ 1973 1st ex.s. c 164 s 5; 1965 c 7 s 35.13.050. Prior: 1961 c 282 s 10; prior: 1907 c 245 s 2, part; RRS s 8897, part.]

catchline: Election method—Petition or resolution for election—Others covering same area barred from consideration, withdrawal.


title: RCW 35.13.060

text:
Upon granting the petition under the twenty percent annexation petition under the election method, and after the auditor has certified the petition as being sufficient, the legislative body of the city or town shall indicate to the county auditor its preference for the date of the election on the annexation to be held, which shall be one of the dates for special elections provided under RCW 29A.04.330 that is sixty or more days after the date the preference is indicated. The county auditor shall call the special election at the special election date indicated by the city or town.
[ 2015 c 53 s 24; 1989 c 351 s 2; 1973 1st ex.s. c 164 s 6; 1965 c 7 s 35.13.060. Prior: 1961 c 282 s 12; prior: 1907 c 245 s 3, part; RRS s 8898, part.]
Notes:
Election method, date for annexation election if review board's determination favorable: RCW 35.13.174.

catchline: Election method—Fixing date of election.


title: RCW 35.13.070

text:
An annexation election shall be held in accordance with the general election laws of the state, and only registered voters who have resided in the area proposed to be annexed for ninety days immediately preceding the election shall be allowed to vote therein.
[ 1965 c 7 s 35.13.070. Prior: 1961 c 282 s 15; prior: 1907 c 245 s 4, part; RRS s 8899, part.]
Notes:
Conduct of elections: RCW 29A.60.010.

catchline: Election method—Conduct of election.


title: RCW 35.13.080

text:
Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, state the objects of the election as prayed in the petition or as stated in the resolution and require the voters to cast ballots which shall contain the words "For annexation" and "Against annexation" or words equivalent thereto, or contain the words "For annexation and adoption of comprehensive plan" and "Against annexation and adoption of comprehensive plan" or words equivalent thereto in case the simultaneous adoption of a comprehensive plan is proposed, and which in case the assumption of indebtedness is proposed, shall contain as a separate proposition, the words "For assumption of indebtedness" and "Against assumption of indebtedness" or words equivalent thereto and if only a portion of the indebtedness of the annexing city or town is to be assumed, an appropriate separate proposition for and against the assumption of such portion of the indebtedness shall be submitted to the voters. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published in accordance with the notice required by RCW 29A.52.355 prior to the date of election in a newspaper of general circulation in the area proposed to be annexed.
[ 2022 c 26 s 5; 2015 c 53 s 25; 1973 1st ex.s. c 164 s 7; 1967 c 73 s 10; 1965 ex.s. c 88 s 6; 1965 c 7 s 35.13.080. Prior: 1961 c 282 s 13; prior: 1907 c 245 s 3, part; RRS s 8898, part.]

catchline: Election method—Notice of election.


title: RCW 35.13.090

text:
(1) The proposition for or against annexation or for or against annexation and adoption of the comprehensive plan shall be deemed approved if a majority of the votes cast on that proposition are cast in favor of annexation or in favor of annexation and adoption of the comprehensive plan.
(2) If a proposition for or against assumption of all or any portion of indebtedness was submitted to the registered voters, it shall be deemed approved if a majority of at least three-fifths of the registered voters of the territory proposed to be annexed voting on such proposition vote in favor thereof, and the number of registered voters voting on such proposition constitutes not less than forty percent of the total number of votes cast in such territory at the last preceding general election.
(3) If either or both propositions were approved by the registered voters, the county auditor shall on completion of the canvassing of the returns transmit to the county legislative authority and to the clerk of the city or town to which annexation is proposed a certificate of the election results, together with a certified abstract of the vote showing the whole number who voted at the election, and the number of votes cast for annexation and the number cast against annexation or for annexation and adoption of the comprehensive plan and the number cast against annexation and adoption of the comprehensive plan.
(4) If a proposition for assumption of all or of any portion of indebtedness was submitted to the registered voters, the abstract shall include the number of votes cast for assumption of indebtedness and the number of votes cast against assumption of indebtedness, together with a statement of the total number of votes cast in such territory at the last preceding general election.
[ 2022 c 26 s 6; 2015 c 53 s 26; 1996 c 286 s 1; 1973 1st ex.s. c 164 s 8; 1967 c 73 s 11; 1965 ex.s. c 88 s 7; 1965 c 7 s 35.13.090. Prior: 1961 c 282 s 16; prior: 1907 c 245 s 4, part; RRS s 8899, part.]

catchline: Election method—Vote required—Proposition for assumption of indebtedness—Certification.


title: RCW 35.13.095

text:
A city or town may cause a proposition authorizing an area to be annexed to the city or town to be submitted to the qualified voters of the area proposed to be annexed in the same ballot proposition as the question to authorize an assumption of indebtedness. If the measures are combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last preceding general election.
However, the city or town council may adopt a resolution accepting the annexation, without the assumption of indebtedness, where the combined ballot proposition is approved by a simple majority vote of the voters voting on the proposition.
[ 1989 c 84 s 22.]

catchline: Election method—Vote required for annexation with assumption of indebtedness—Without assumption of indebtedness.


title: RCW 35.13.100

text:
If a proposition relating to annexation or annexation and adoption of the comprehensive plan was submitted to the voters and such proposition was approved, the legislative body shall adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan. If a proposition for annexation or annexation and adoption of the comprehensive plan and a proposition for assumption of all or of any portion of indebtedness were both submitted, and were approved, the legislative body shall adopt an ordinance providing for the annexation or annexation and adoption of the comprehensive plan including the assumption of all or of any portion of indebtedness. If the propositions were submitted and only the annexation or annexation and adoption of the comprehensive plan proposition was approved, the legislative body may, if it deems it wise or expedient, adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan.
[ 2022 c 26 s 7; 1996 c 286 s 2; 1973 1st ex.s. c 164 s 9; 1967 c 73 s 12; 1965 ex.s. c 88 s 8; 1965 c 7 s 35.13.100. Prior: 1961 c 282 s 17; 1957 c 239 s 2; prior: 1907 c 245 s 5, part; RRS s 8900, part.]

catchline: Election method—Ordinances required upon voter approval—Assumption of indebtedness.


title: RCW 35.13.110

text:
Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city or town. Upon the date fixed in the ordinances of annexation and adoption of the comprehensive plan, the area annexed shall become a part of the city or town and property in the annexed area shall be subject to and a part of the comprehensive plan, as prepared and filed as provided for in RCW 35.13.177 and 35.13.178. All property within the territory hereafter annexed shall, if the proposition approved by the people so provides after June 12, 1957, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation.
[ 2022 c 26 s 8; 1973 1st ex.s. c 164 s 10; 1967 c 73 s 13; 1965 ex.s. c 88 s 9; 1965 c 7 s 35.13.110. Prior: 1957 c 239 s 3; prior: 1907 c 245 s 5, part; RRS s 8900, part.]

catchline: Election method—Effective date of annexation or annexation and comprehensive plan—Taxation of area annexed.


title: RCW 35.13.120

text:
The method of annexation provided for in RCW 35.13.020 to 35.13.110 shall be an alternative method, not superseding any other.
[ 1965 c 7 s 35.13.120. Prior: 1937 c 110 s 2; 1907 c 245 s 6; RRS s 8901.]

catchline: Election method is alternative.


title: RCW 35.13.125

text:
Proceedings for the annexation of territory pursuant to RCW 35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170 shall be commenced as provided in this section. Prior to the circulation of a petition for annexation, the initiating party or parties who, except as provided in RCW 28A.335.110, shall be either not less than ten percent of the residents of the area to be annexed or the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned, shall notify the legislative body of the city or town in writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the city or town will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or of any portion of existing city or town indebtedness by the area to be annexed. If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a comprehensive plan, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate this fact. There shall be no appeal from the decision of the legislative body.
[ 1990 c 33 s 565; 1989 c 351 s 3; 1973 1st ex.s. c 164 s 11; 1971 c 69 s 1; 1965 ex.s. c 88 s 10; 1965 c 7 s 35.13.125. Prior: 1961 c 282 s 18.]
Notes:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1971 c 69: "If any provision of this 1971 amendatory 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." [ 1971 c 69 s 5.]

catchline: Direct petition method—Commencement of proceedings—Notice to legislative body—Meeting—Assumption of indebtedness—Comprehensive plan.


title: RCW 35.13.130

text:
A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized, the petition must be signed by the owners of not less than sixty percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains, the owner of tax exempt property may sign an annexation petition and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town. The petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or of any portion of city or town indebtedness by the area annexed, and/or the adoption of a comprehensive plan for the area to be annexed, these facts, together with a quotation of the minute entry of such requirement or requirements shall be set forth in the petition.
[ 2009 c 60 s 3; 1990 c 33 s 566; 1981 c 66 s 1; 1975 1st ex.s. c 220 s 8; 1973 1st ex.s. c 164 s 12; 1971 c 69 s 2; 1965 ex.s. c 88 s 11; 1965 c 7 s 35.13.130. Prior: 1961 c 282 s 19; 1945 c 128 s 3; Rem. Supp. 1945 s 8908-12.]
Notes:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1981 c 66: "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." [ 1981 c 66 s 2.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.
Severability—1971 c 69: See note following RCW 35.13.125.


title: RCW 35.13.140

text:
Whenever a petition for annexation is filed with the city or town council, or commission in those cities having a commission form of government, which meets the requirements herein specified, of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. The expense of publication and posting of the notice shall be borne by the signers of the petition.
[ 1965 c 7 s 35.13.140. Prior: 1945 c 128 s 2; Rem. Supp. 1945 s 8908-11.] [SLC-RO-8.]

catchline: Direct petition method—Notice of hearing.


title: RCW 35.13.150

text:
Following the hearing, the council or commission shall determine by ordinance whether annexation shall be made. Subject to RCW 35.02.170, they may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located.
[ 1975 1st ex.s. c 220 s 9; 1965 c 7 s 35.13.150. Prior: 1957 c 239 s 5; prior: 1945 c 128 s 4, part; Rem. Supp. 1945 s 8908-13, part.]
Notes:
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.

catchline: Direct petition method—Ordinance providing for annexation.


title: RCW 35.13.160

text:
Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city or town. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing city or town is assessed and taxed to pay for all or of any portion of the then outstanding indebtedness of the city or town to which said area is annexed, approved by the voters, contracted, or incurred prior to, or existing at, the date of annexation. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the comprehensive plan as prepared and filed as provided for in RCW 35.13.177 and 35.13.178.
[ 1973 1st ex.s. c 164 s 13; 1965 ex.s. c 88 s 12; 1965 c 7 s 35.13.160. Prior: 1961 c 282 s 20; 1957 c 239 s 6; prior: (i) 1945 c 128 s 4, part; Rem. Supp. 1945 s 8908-13, part. (ii) 1945 c 128 s 5; Rem. Supp. 1945 s 8908-14.]

catchline: Direct petition method—Effective date of annexation or annexation and comprehensive plan—Assessment, taxation of territory annexed.


title: RCW 35.13.170

text:
The method of annexation provided for in RCW 35.13.130 to 35.13.160 shall be an alternative method, not superseding any other.
[ 1965 c 7 s 35.13.170. Prior: 1945 c 128 s 6; Rem. Supp. 1945 s 8908-15.]

catchline: Direct petition method is alternative.


title: RCW 35.13.171

text:
Within thirty days after the filing of a city's or town's annexation resolution pursuant to RCW 35.13.015 with the board of county commissioners or within thirty days after filing with the county commissioners a petition calling for an election on annexation, as provided in RCW 35.13.020, or within thirty days after approval by the legislative body of a city or town of a petition of property owners calling for annexation, as provided in RCW 35.13.130, the mayor of the city or town concerned that is not subject to the jurisdiction of a boundary review board under chapter 36.93 RCW, shall convene a review board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by resolution, or the mayor in the event of a twenty percent annexation petition pursuant to RCW 35.13.020, or an alternate designated by the mayor;
(2) The chair of the board of county commissioners of the county wherein the property to be annexed is situated, or an alternate designated by him or her;
(3) The director of commerce, or an alternate designated by the director;
Two additional members to be designated, one by the mayor of the annexing city, which member shall be a resident property owner of the city, and one by the chair of the county legislative authority, which member shall be a resident of and a property owner or a resident or a property owner if there be no resident property owner in the area proposed to be annexed, shall be added to the original membership and the full board thereafter convened upon call of the mayor: PROVIDED FURTHER, That three members of the board shall constitute a quorum.
[ 2023 c 470 s 2015; 2009 c 549 s 2010; 1995 c 399 s 35; 1985 c 6 s 2; 1973 1st ex.s. c 164 s 14; 1965 c 7 s 35.13.171. Prior: 1961 c 282 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Review board—Convening—Composition.


title: RCW 35.13.172

text:
Whenever a petition is filed as provided in RCW 35.13.020 or a resolution is adopted by the city or town council, as provided in RCW 35.13.015, and the area proposed for annexation is less than ten acres and less than eight hundred thousand dollars in assessed valuation, such review procedures shall be dispensed with.
[ 1981 c 260 s 6. Prior: 1973 1st ex.s. c 195 s 14; 1973 1st ex.s. c 164 s 15; 1965 c 7 s 35.13.172; prior: 1961 c 282 s 3.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: When review procedure may be dispensed with.


title: RCW 35.13.173

text:
The review board shall by majority action, within three months, determine whether the property proposed to be annexed is of such character that such annexation would be in the public interest and for the public welfare, and in the best interest of the city, county, and other political subdivisions affected. The governing officials of the city, county, and other political subdivisions of the state shall assist the review board insofar as their offices can, and all relevant information and records shall be furnished by such offices to the review board. In making their determination the review board shall be guided, but not limited, by their findings with respect to the following factors:
(1) The immediate and prospective populations of the area to be annexed;
(2) The assessed valuation of the area to be annexed, and its relationship to population;
(3) The history of and prospects for construction of improvements in the area to be annexed;
(4) The needs and possibilities for geographical expansion of the city;
(5) The present and anticipated need for governmental services in the area proposed to be annexed, including but not limited to water supply, sewage and garbage disposal, zoning, streets and alleys, curbs, sidewalks, police and fire protection, playgrounds, parks, and other municipal services, and transportation and drainage;
(6) The relative capabilities of the city, county, and other political subdivisions to provide governmental services when the need arises;
(7) The existence of special districts except school districts within the area proposed to be annexed, and the impact of annexation upon such districts;
(8) The elimination of isolated unincorporated areas existing without adequate economical governmental services;
(9) The immediate and potential revenues that would be derived by the city as a result of annexation, and their relation to the cost of providing service to the area.
Whether the review board determines for or against annexation, its reasons therefor, along with its findings on the specified factors and other material considerations shall:
(1) In the case of a petition signed by registered voters calling for an election on annexation, be filed with the board of county commissioners;
(2) In the case of a resolution of a city or town initiating annexation proceedings pursuant to RCW 35.13.015, be filed with the board of county commissioners.
Such findings need not include specific data on every point listed, but shall indicate that all factors were considered.
A favorable determination by the review board is an essential condition precedent to the annexation of territory to a city or town under either the resolution method pursuant to RCW 35.13.015, or under the twenty percent annexation petition under the election method.
[ 1973 1st ex.s. c 164 s 16; 1965 c 7 s 35.13.173. Prior: 1961 c 282 s 4.]

catchline: Determination by review board—Factors considered—Filing of findings.


title: RCW 35.13.174

text:
Upon receipt by the board of county commissioners of a determination by a majority of the review board favoring annexation of the proposed area that has been initiated by resolution pursuant to RCW 35.13.015 by the city or town legislative body, the board of county commissioners, or the city or town legislative body for any city or town within an urban growth area designated under RCW 36.70A.110, shall fix a date on which an annexation election shall be held, which date will be not less than thirty days nor more than sixty days thereafter.
[ 1997 c 429 s 38; 1973 1st ex.s. c 164 s 17; 1965 c 7 s 35.13.174. Prior: 1961 c 282 s 5.]
Notes:
Severability—1997 c 429: See note following RCW 36.70A.3201.
Petition method—Fixing date of annexation election: RCW 35.13.060.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.

catchline: Date for annexation election if review board's determination favorable.


title: RCW 35.13.176

text:
After a petition proposing an annexation by a city or town is filed with the city or town or the governing body of the city or town, or after a resolution proposing an annexation by a city or town has been adopted by the city or town governing body, no territory included in the proposed annexation may be annexed by another city or town or incorporated into a city or town unless: (1) The boundary review board modifies the boundaries of the proposed annexation and removes the territory; (2) the boundary review board or review board created under RCW 35.13.171 rejects the proposed annexation; or (3) the city or town governing body rejects the proposed annexation or voters defeat the ballot proposition authorizing the annexation.
[ 1994 c 216 s 7.]
Notes:
Effective date—1994 c 216: See note following RCW 35.02.015.

catchline: Territory subject to annexation proposal—When annexation by another city or incorporation allowed.


title: RCW 35.13.177

text:
The legislative body of any city or town acting through a planning commission created pursuant to chapter 35.63 RCW, or pursuant to its granted powers, may prepare a comprehensive land use plan to become effective upon the annexation of any area which might reasonably be expected to be annexed by the city or town at any future time. Such comprehensive plan, to the extent deemed reasonably necessary by the legislative body to be in the interest of health, safety, morals and the general welfare may provide, among other things, for:
(1) The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the setback of buildings along highways, parks or public water frontages; and the subdivision and development of land;
(2) The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent of the comprehensive plan; and
(4) The time interval following an annexation during which the ordinance or resolution adopting any such plan or regulations, or any part thereof must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city or town.
All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements.
[ 1965 ex.s. c 88 s 1.]

catchline: Comprehensive land use plan for area to be annexed—Contents—Purpose.


title: RCW 35.13.178

text:
The legislative body of the city or town shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed comprehensive plan, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city or town and the area to be annexed. A copy of the ordinance or resolution adopting or embodying such proposed plan or any part thereof or any amendment thereto, duly certified as a true copy by the clerk of the annexing city or town, shall be filed with the county auditor. A like certified copy of any map or plat referred to or adopted by the ordinance or resolution shall likewise be filed with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat.
[ 1965 ex.s. c 88 s 2.]

catchline: Comprehensive land use plan for area to be annexed—Hearings on proposed plan—Notice—Filing.


title: RCW 35.13.180

text:
City and town councils of second-class cities and towns may by a majority vote annex new unincorporated territory outside the city or town limits, whether contiguous or noncontiguous for park, cemetery, or other municipal purposes when such territory is owned by the city or town or all of the owners of the real property in the territory give their written consent to the annexation.
[ 1994 c 81 s 11; 1983 1st ex.s. c 68 s 1; 1981 c 332 s 4; 1965 c 7 s 35.13.180. Prior: 1907 c 228 s 4; RRS s 9202.]

catchline: Annexation for municipal purposes.


title: RCW 35.13.182

text:
(1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town:
(a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town; or
(b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994.
(2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.
(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water.
[ 1998 c 286 s 1; 1997 c 429 s 37.]
Notes:
Severability—1997 c 429: See note following RCW 36.70A.3201.

catchline: Annexation of unincorporated island of territory—Resolution—Notice of hearing.


title: RCW 35.13.1821

text:
The annexation ordinance provided for in *RCW 35.13.182 is subject to referendum for forty-five days after its passage. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330. Notice of the election shall be given as provided in RCW 35.13.080 and the election shall be conducted as provided in the general election law. The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but excluding the date of passage of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the city or town upon the date fixed in the ordinance of annexation.
[ 2006 c 344 s 22; 1998 c 286 s 2.]
Notes:
*Reviser's note: The reference to RCW 35.13.182 appears to be erroneous. RCW 35.13.1822 was apparently intended.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.

catchline: Annexation of unincorporated island of territory—Referendum—Election.


title: RCW 35.13.1822

text:
On the date set for hearing as provided in RCW 35.13.182(2), residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be heard. The legislative body may provide by ordinance for annexation of the territory described in the resolution, but the effective date of the ordinance shall be not less than forty-five days after the passage thereof. The legislative body shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the area to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include a statement of such requirements.
[ 1998 c 286 s 3.]

catchline: Annexation of unincorporated island of territory—Notice, hearing.


title: RCW 35.13.185

text:
Any unincorporated area contiguous to a first-class city may be annexed thereto by an ordinance accepting a gift, grant, lease or cession of jurisdiction from the government of the United States of the right to occupy or control it.
[ 1965 c 7 s 35.13.185. Prior: 1957 c 239 s 7.]

catchline: Annexation of federal areas by first-class city.


title: RCW 35.13.190

text:
Any unincorporated area contiguous to a second-class city or town may be annexed thereto by an ordinance accepting a gift, grant, or lease from the government of the United States of the right to occupy, control, improve it or sublet it for commercial, manufacturing, or industrial purposes: PROVIDED, That this shall not apply to any territory more than four miles from the corporate limits existing before such annexation.
[ 1994 c 81 s 12; 1965 c 7 s 35.13.190. Prior: 1915 c 13 s 1, part; RRS s 8906, part.]
Notes:
Validating—1915 c 13: "All ordinances heretofore passed by the legislative authority of any such incorporated city for the purpose of accepting any gift, grant or lease of or annexing any territory as hereinabove provided are hereby validated." [ 1915 c 13 s 3.]

catchline: Annexation of federal areas by second-class cities and towns.


title: RCW 35.13.200

text:
In the ordinance annexing territory pursuant to a gift, grant, or lease from the government of the United States, a second-class city or town may include such tide and shore lands [tidelands and shorelands] as may be necessary or convenient for the use thereof, may include in the ordinance an acceptance of the terms and conditions attached to the gift, grant, or lease and may provide in the ordinance for the annexed territory to become a separate ward of the city or town or part or parts of adjacent wards.
[ 1994 c 81 s 13; 1965 c 7 s 35.13.200. Prior: (i) 1915 c 13 s 1, part; RRS s 8906, part. (ii) 1915 c 13 s 2, part; RRS s 8907, part.]

catchline: Annexation of federal areas by second-class cities and towns—Annexation ordinance—Provisions.


title: RCW 35.13.210

text:
A second-class city or town may cause territory annexed pursuant to a gift, grant, or lease of the government of the United States to be surveyed, subdivided and platted into lots, blocks, or tracts and lay out, reserve for public use, and improve streets, roads, alleys, slips, and other public places. It may grant or sublet any lot, block, or tract therein for commercial, manufacturing, or industrial purposes and reserve, receive and collect rents therefrom. It may expend the rents received therefrom in making and maintaining public improvements therein, and if any surplus remains at the end of any fiscal year, may transfer it to the city's or town's current expense fund.
[ 1994 c 81 s 14; 1965 c 7 s 35.13.210. Prior: 1915 c 13 s 2, part; RRS s 8907, part.]

catchline: Annexation of federal areas by second-class cities and towns—Authority over annexed territory.


title: RCW 35.13.215

text:
(1) If any portion of a fire protection district is proposed for annexation to or incorporation into a city, code city, or town, both the fire protection district and the city, code city, or town shall jointly inform the employees of the fire protection district about hires, separations, terminations, and any other changes in employment that are a direct consequence of annexation or incorporations at the earliest reasonable opportunity.
(2) If any portion of a fire protection district is annexed to or incorporated into a city, code city or town, any employee of the fire protection district who (a) was at the time of such annexation or incorporation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the city, code city or town fire department (b) will, as a direct consequence of annexation or incorporation, be separated from the employ of the fire protection district, and (c) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer employment to the civil service system of the city, code city or town fire department as provided for in this section and RCW 35.13.225 and 35.13.235.
(3) For purposes of this section and RCW 35.13.225 and 35.13.235, employee means an individual whose employment with a fire protection district has been terminated because the fire protection district was annexed by a city, code city or town for purposes of fire protection.
[ 2009 c 60 s 4; 1986 c 254 s 7.]

catchline: Annexation of fire districts—Transfer of employees.


title: RCW 35.13.225

text:
(1) An eligible employee may transfer into the civil service system of the city, code city, or town fire department by filing a written request with the city, code city, or town civil service commission and by giving written notice of the request to the board of commissioners of the fire protection district. Upon receipt of the request by the civil service commission, the transfer of employment must be made. The needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and RCW 35.13.215 and 35.13.235 shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the city, code city, or town fire department when appropriate positions become available: PROVIDED, That employees who are not immediately hired by the city, code city, or town shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire agencies.
(2)(a) Upon transfer, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of the fire protection district, including rights to:
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee's rank and duties have been reduced as a result of the transfer. If the transferring employee is placed in a position with reduced rank and duties, the employee's compensation may be adjusted, but the adjustment may not result in a decrease of greater than fifty percent of the difference between the employee's compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions.
(3) If upon transfer, the transferring employee receives the rights, benefits, and privileges established under subsection (2)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the end of the current bargaining period for the jurisdiction to which the employee has transferred.
(4) Such bargaining must take into account the years of service the transferring employee accumulated before the transfer and must be treated as if those years of service occurred in the jurisdiction to which the employee has transferred.
[ 2009 c 60 s 5; 1994 c 73 s 3; 1986 c 254 s 8.]
Notes:
Effective date—1994 c 73: See note following RCW 35.10.365.

catchline: Annexation of fire districts—Transfer of employees—Rights and benefits.


title: RCW 35.13.235

text:
If any portion of a fire protection district is annexed to or incorporated into a city, code city or town, and as a result any employee is laid off who is eligible to transfer to the city, code city or town fire department under this section and RCW 35.13.215 and 35.13.225 the fire protection district shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the city, code city or town fire department.
[ 1986 c 254 s 9.]

catchline: Annexation of fire districts—Transfer of employees—Notice—Time limitation.