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Public Comment W `4-f r rrN \ r -1 tli Q O CC ` to 0 un N < Q -0 4 a cc ,o, iii a) 4 \� a) L 0 W N LLB V -a I R U N Z 0 z I Z ..., --,V^ W 3 7 � N ›... F W: ,:, z D g W Y a) E CE N U G r0 R 0 O o v L V s Z cA c v 0 ` o J u a M M m Y 73 D 1` o CL � o o o E z ,I ^� a) rn " J e, w m \� %,—.= < 7 _c `z (r) 0 0 z t 0 U Itl in C l .....__G 0 U 0 3 N CO 'I- LC) CO N- CO 0) 0 1— N (1) •:t a, r r r r J CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 1406 Chapter 338, Laws of 2019 66th Legislature 2019 Regular Session AFFORDABLE AND SUPPORTIVE HOUSING--LOCAL SALES AND USE TAX EFFECTIVE DATE July 28, 2019 Passed by the House April 28, 2019 CERTIFICATE Yeas 62 Nays 36 I, Bernard Dean, Chief Clerk of the House of Representatives of the FRANK CHOPP State of Washington, do hereby Speaker of the House of Representatives certify that the attached is SUBSTITUTE HOUSE BILL 1406 as passed by the House of Representatives and the Senate on Passed by the Senate April 28, 2019 the dates hereon set forth Yeas 33 Nays 15 CYRUS HABIB BERNARD DEAN President of the Senate Chief Clerk Approved May 9, 2019 2.51 PM FILED May 13, 2019 Secretary of State JAY INSLEE State of Washington Governor of the State of Washington SUBSTITUTE HOUSE BILL 1406 AS AMENDED BY THE SENATE Passed Legislature - 2019 Regular Session State of Washington 66th Legislature 2019 Regular Session By House Housing, Community Development & Veterans (originally sponsored by Representatives Robinson, Macri, Chapman, Valdez, Senn, Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen, Doglio, Frame, Jinkins, Riccelli, Slatter, Ormsby, and Santos) READ FIRST TIME 02/08/19. 1 AN ACT Relating to encouraging investments in affordable and 2 supportive housing; and adding a new section to chapter 82 14 RCW 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON 4 NEW SECTION Sec. 1 A new section is added to chapter 82 14 5 RCW to read as follows 6 (1) The definitions in this subsection apply throughout this 7 section unless the context clearly requires otherwise 8 (a) "Nonparticipating city" is a city that does not impose a 9 sales and use tax in accordance with the terms of this section 10 (b) "Nonparticipating county" is a county that does not impose a 1l sales and use tax in accordance with the terms of this section 12 (c) "Participating city" is a city that imposes a sales and use 13 tax in accordance with the terms of this section 14 (d) "Participating county" is a county that imposes a sales and 15 use tax in accordance with the terms of this section 16 (e) "Qualifying local tax" means the following tax sources, if 17 the tax source is instated no later than twelve months after the 18 effective date of this section 19 (1) The affordable housing levy authorized under RCW 84 52 105, p 1 SHB 1406 SL 1 (ii) The sales and use tax for housing and related services 2 authorized under RCW 82 . 14 .530, provided the city has imposed the tax 3 at a minimum or at least half of the authorized rate, 4 (iii) The sales tax for chemical dependency and mental health 5 treatment services or therapeutic courts authorized under RCW 6 82 14 460 imposed by a city, and 7 (iv) The levy authorized under RCW 84 55 050, if used solely for 8 affordable housing 9 (2) (a) A county or city legislative authority may authorize, fix, 10 and impose a sales and use tax in accordance with the terms of this 11 section. 12 (b) The tax under this section is assessed on the selling price 13 in the case of a sales tax, or value of the article used, in the case 14 of a use tax 15 (c) The rate of the tax under this section for an individual 16 participating city and an individual participating county may not 17 exceed 18 (i) Beginning on the effective date of this section until twelve 19 months after the effective date of this section 20 (A) 0 0073 percent for a 21 (I) Participating city, unless the participating city levies a 22 qualifying local tax, and 23 (II) Participating county, within the limits of nonparticipating 24 cities within the county and within participating cities that do not 25 currently levy a qualifying tax, 26 (B) 0 0146 percent for a 27 (I) Participating city that currently levies a qualifying local 28 tax; 29 (II) Participating city if the county in which it is located 30 declares they will not levy the sales and use tax authorized under 31 this section or does not adopt a resolution in accordance with this 32 section; and 33 (III) Participating county within the unincorporated areas of the 34 county and any city that declares they will not levy the sales and 35 use tax authorized under this section or does not adopt a resolution 36 in accordance with this section, 37 (ii) Beginning twelve months after the effective date of this 38 section. 39 (A) 0 0073 percent for a p. 2 SHB 1406 SL 1 (I) Participating city that is located within a participating 2 county if the participating city is not levying a qualifying local 3 tax, and 4 (II) Participating county, within the limits of a participating 5 city if the participating city is not levying a qualifying local tax, 6 (B) 0 0146 percent within the limits of a 7 (I) Participating city that is levying a qualifying local tax, 8 and 9 (II) Participating county within the unincorporated area of the 10 county and within the limits of any nonparticipating city that is 11 located within the county 12 (d) A county may not levy the tax authorized under this section 13 within the limits of a participating city that levies a qualifying 14 local tax 15 (e) (i) In order for a county or city legislative authority to 16 impose the tax under this section, the authority must adopt 17 (A) A resolution of intent to adopt legislation to authorize the 18 maximum capacity of the tax in this section within six months of the 19 date in which this section takes effect; and 20 (B) Legislation to authorize the maximum capacity of the tax in 21 this section within one year of the date on which this section takes 22 effect 23 (ii) Adoption of the resolution of intent and legislation 24 requires simple majority approval of the enacting legislative 25 authority 26 (iii) If a county or city has not adopted a resolution of intent 27 in accordance with the terms of this section, the county or city may 28 not authorize, fix, and impose the tax 29 (3) The tax imposed under this section must be deducted from the 30 amount of tax otherwise required to be collected or paid to the 31 department of revenue under chapter 82 08 or 82 12 RCW The 32 department must perform the collection of such taxes on behalf of the 33 county or city at no cost to the county or city 34 (4) By December 31, 2019, or within thirty days of a county or 35 city authorizing the tax under this section, whichever is later, the 36 department must calculate the maximum amount of tax distributions for 37 each county and city authorizing the tax under this section as 38 follows 39 (a) The maximum amount for a participating county equals the 40 taxable retail sales within the county in state fiscal year 2019 p 3 SHB 1406 SL 1 multiplied by the tax rate imposed under this section If a county 2 imposes a tax authorized under this section after a city located in 3 that county has imposed the tax, the taxable retail sales within the 4 city in state fiscal year 2019 must be subtracted from the taxable 5 retail sales within the county for the calculation of the maximum 6 amount, and 7 (b) The maximum amount for a city equals the taxable retail sales 8 within the city in state fiscal year 2019 multiplied by the tax rate 9 imposed under subsection (1) of this section 10 (5) The tax must cease to be distributed to a county or city for 11 the remainder of any fiscal year in which the amount of tax exceeds 12 the maximum amount in subsection (4) of this section The department 13 must remit any annual tax revenues above the maximum to the state 14 treasurer for deposit in the general fund Distributions to a county 15 or city meeting the maximum amount must resume at the beginning of 16 the next fiscal year 17 (6) (a) If a county has a population greater than four hundred 18 thousand or a city has a population greater than one hundred 19 thousand, the moneys collected or bonds issued under this section may 20 only be used for the following purposes 21 (i) Acquiring, rehabilitating, or constructing affordable 22 housing, which may include new units of affordable housing within an 23 existing structure or facilities providing supportive housing 24 services under RCW 71 24 385, or 25 (ii) Funding the operations and maintenance costs of new units of 26 affordable or supportive housing 27 (b) If a county has a population of four hundred thousand or less 28 or a city has a population of one hundred thousand or less, the 29 moneys collected under this section may only be used for the purposes 30 provided in (a) of this subsection or for providing rental assistance 31 to tenants 32 (7) The housing and services provided pursuant to subsection (6) 33 of this section may only be provided to persons whose income is at or 34 below sixty percent of the median income of the county or city 35 imposing the tax 36 (8) In determining the use of funds under subsection (6) of this 37 section, a county or city must consider the income of the individuals 38 and families to be served, the leveraging of the resources made 39 available under this section, and the housing needs within the 40 jurisdiction of the taxing authority p 4 SHB 1406 SL 1 (9) To carry out the purposes of this section including, but not 2 limited to, financing loans or grants to nonprofit organizations or 3 public housing authorities, the legislative authority of the county 4 or city imposing the tax has the authority to issue general 5 obligation or revenue bonds within the limitations now or hereafter 6 prescribed by the laws of this state, and may use, and is authorized 7 to pledge, the moneys collected under this section for repayment of 8 such bonds 9 (10) A county or city may enter into an interlocal agreement with 10 one or more counties, cities, or public housing authorities in 11 accordance with chapter 39. 34 RCW. The agreement may include, but is 12 not limited to, pooling the tax receipts received under this section, 13 pledging those taxes to bonds issued by one or more parties to the 14 agreement, and allocating the proceeds of the taxes levied or the 15 bonds issued in accordance with such interlocal agreement and this 16 section 17 (11) Counties and cities imposing the tax under this section must 18 report annually to the department of commerce on the collection and 19 use of the revenue The department of commerce must adopt rules 20 prescribing content of such reports By December 1, 2019, and 21 annually thereafter, and in compliance with RCW 43 01 036, the 22 department of commerce must submit a report annually to the 23 appropriate legislative committees with regard to such uses 24 (12) The tax imposed by a county or city under this section 25 expires twenty years after the date on which the tax is first 26 imposed Passed by the House April 28, 2019 Passed by the Senate April 28, 2019 Approved by the Governor May 9, 2019. Filed in Office of Secretary of State May 13, 2019 --- END --- p 5 SHB 1406 SL 7/7/2019 Newly passed affordable housing bills require city action on tight timelines We use cookies. Find out about cookies here. By continuing to browse this site you are agreeing to our use o cookies Accept OF WASHINGTON CiTiES Advocacy Published on Jun 14, 2019 Related Newly passed affordable housing bills require city action on tight timelines Check out AWC's 2019 Contact Carl Schroeder, Shannon McClelland Legislative Priorities Two major housing-related bills that passed the 2019 Legislature promise significant benefits, but only if your city acts within strict timelines ,n. Don't miss out on twenty years of revenue from the state to support city housing needs In HB 1406, the state approved a revenue sharing program for local governments The program provides up to 0 0146% in local sales and use tax credited against the state sales tax for housing investments The tax credit is available in increments of 0 0073%, depending on the imposition of other local taxes and whether your county also takes advantage of the credit The tax credit is in place for up to 20 years and can be used for acquiring, rehabilitating or constructing affordable housing, operations and maintenance of new affordable or supportive housing facilities, and, for smaller cities, rental assistance The funding must be spent on projects that serve persons whose income is at or below sixty percent of the area median income Cities can also issue bonds to finance the authorized projects This local sales tax authority is a credit against the state sales tax, so it does not increase the sales tax for the consumer There are tight timelines that must be met to access this funding source — the first is January 31, 2020 to pass a resolution of intent. The tax .....I: .�...<.� �4...., h.. ...�....�...� h. 1..1.. 77 ')A')/l 4., ......I:f.• C. .- ., https://wacities.org/advocacy/News/advocacy-news/2019/06/14/newly-passed-affordable-housing-bills-require-city-action-on-tight-timelines?fbclid=lwA. 1/4 7/7/201 Newly passed affordable housing bills require city action on tight timelines We use cookies. Find out about cookies here By continuing to browse this site you are agreeing to our use o cookies. Accept There are tight timelines that must be met to access this funding source - the first is January 31 , 2020 to pass a resolution of intent. The tax ordinance must then be adopted by July 27, 2020 to qualify for a credit. Pacifica Law Group has helpfully provided a sample resolution of intent you can use to take the first step of this process Please make plans to adopt a resolution of intent before the January 31 deadline, preserving your opportunity to access these new resources for housing in your city AWC will be providing additional educational materials and guidance throughout the rest of the year, starting at the AWC Annual Conference in Spokane at the end of this month Stay tuned! Time-limited opportunity for financial support to develop local housing action plans and adopt ordinances to increase residential capacity HB 1923 was the result of a long series of conversations about what it would take to help cities better accommodate coming growth while providing a greater variety of housing types The legislation provides https://wacities.org/advocacylNews/advocacy-news/2019/06!14/newly-passed-afford able-housi ng-bi ll s-require-city-action-on-tight-timelines?fbclid=lwA. 2/4 .7/7/2019 Newly passed affordable housing bills require city action on tight timelines We use cookies. Find out about cookies here. By continuing to browse this site you are agreeing to our use o cookies. Accept under strict timelines These actions, if adopted by April 1, 2021 are not subject to legal appeal under the State Environmental Policy Act (SEPA) or the Growth Management Act (GMA) Cities will still need to go through existing review processes and timelines, including securing and considering public input. But once a city balances those considerations and formally decides on a course of action, it would be final and not subject to legal appeal under SEPA or GMA The following specific actions qualify under this bill (note that these are summaries and there are important nuances to qualifying ordinances under these topics) • Authorize development capacity of at least fifty units per acre near commuter or light rail stations • Authorize development capacity of at least twenty-five units per acre near high frequency bus stops • Authorize a duplex, triplex or courtyard apartment on all parcels in a zoning district that allows single family homes • Authorize cluster zoning or lot size averaging in all zoning districts that allow single family homes • Authorize accessory dwelling units (ADUs) with specific policy provisions • Adopt a SEPA subarea plan that leverages transit infrastructure or regional centers • Adopt a SEPA planned action that includes residential or mixed-use development • Utilize the SEPA infill authority to increase categorical exemption thresholds for residential or mixed-use development in areas not meeting planned density • Adopt form-based codes. • Authorize a duplex on all corner lots in single-family zones • Adopt optional maximum thresholds under the short subdivision process • Authorize a minimum net density of six dwelling units per acre https://wacities.orgl advocacy/News/advocacy-news/2019/06/14/newly-passed-affordable-housi ng-bi lls-req uire-city-action-on-tight-timelines?tbclid=lwA. 3/4 ,7/7/2019 Newly passed affordable housing bills require city action on tight timelines We use cookies. Find out about cookies here. By continuing to browse this site you are agreeing to our use o cookies Accept $100,000—with an opportunity to apply for more than that amount if they can demonstrate extraordinary potential to increase housing supply or regulatory streamlining Cities that want to develop their own approaches to address housing challenges or supplement the actions listed above are also eligible to receive funding of $100,000 for a local housing action plan That housing action plan must • Quantify existing projected housing needs for all income levels, with documentation • Develop strategies to increase the supply of housing needed by those income levels. • Analyze population and employment trends • Consider strategies to minimize displacement of low-income residents resulting from redevelopment • Review and evaluate the current GMA housing element • Provide for participation and input from a variety of stakeholders • Include a schedule of programs and actions for implementation of the action plan Again, to qualify for these incentives, cities need to act by April 1, 2021 We encourage you to take advantage of this opportunity and will be providing more educational materials throughout the year to support your efforts Advocacy Land use & planning Affordable housing Recent articles Back to Advocacy news by category https://wacities.org/advocacy/News/advocacy-news/2019/06/14/newly-passed-affordable-housing-bills-require-city-action-on-tight-timelines?fbcl id=lwA. . 4/4 From Jim Cooper Sent: Monday,July 1, 2019 8.34 AM To Lisa Striedinger Subject: United Ways of Washington Summer 2019 Legislative Update United Way � is:„ . United Ways of the Pacific Northwest Lisa -- Happy July Today, we take notice of some of the effects of recent legislation and a HUD rulemaking You can read up on the key achievements of the session here Feel free to forward Information on subscribing is below Local Government Action Needed to Receive Revenue for Affordable Housing One of the more important affordable housing achievements of the 2019 Legislative Session will only matter if your local government takes action within the next 12 months r-IB 1406 provides a sales tax revenue sharing option for local governments for buying, fixing up and building affordable housing as well as for operations and maintenance of new affordable or supportive housing facilities Cities can also issue bonds to finance the authorized projects However, according to a recent article by the Association of Washington Cities, there are tight timelines that must be met to access this funding source —the first is January 31, 2020 to pass a resolution of intent The article provides a sample resolution This is the time to engage your partners and local government in determining whether to take advantage of this opportunity Child Care Subsidy Program Shifts to Department of Children, Youth and Families As a result of legislation from the 2018 session, the Child Care Subsidy Program will transition from the Department of Social and Health Services effective today, July 1, to the Department of Children, Youth, and Families (DCYF), creating the DCYF Child Care Subsidy Contact Center The goal of was to consolidate all of the Working Connections Child Care program within one department United Way Program Helps Reduce Evictions - Legislation Provides More Time In an article by Crosscut, you can read how legislation this year is working with a new United Way program in Seattle to prevent evictions The United VVay of King County Home Base program provides one-time emergency funds to pay rent while SB 5600 increases eviction notice from 3 days to 14 days The bill becomes effective on July 28 but the Home Base program is already making a difference in people's lives Public Comment Deadline for HUD "Mixed-Status" Rulemaking is July 9 The U S Department of Housing and Urban Development (HUD) has published a proposed rule that would prohibit "mixed-status" families from living in public housing and Section 8 programs Mixed-status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status HUD's analysis of this proposed indicates that over 25,000 families of mixed immigration status would be affected Comments are due by July 9, 2019 Here's an online comment form suggested by the Washington Low-Income Alliance You can subscribe to receive our updates by email (more frequent during legislative session) Jim Cooper http.//www uwpnw org/ United Ways of the Pacific Northwest United States This email was sent to striedingeriisa(eDgmail.com To stop receiving emails, click here You can also keep up with Jim Cooper on Twitter or Facebook Created with NationBuilder software for leaders