HomeMy WebLinkAboutCDN 2019-08-27 Item 2B - Ordinance / Resolution - House Bill 1406 "Encouraging Investments in Affordable and Supportive Housing"City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Minnie Dhaliwal, Planning Supervisor
BY: Meredith Sampson, Assistant Planner
CC: Mayor Ekberg
DATE: August 27, 2019
SUBJECT: HB 1406
ISSUE
Does Tukwila want to participate in legislation that will retain a portion of the City's sales tax
revenue to be used toward local investments in affordable housing?
BACKGROUND
During the 2019 legislative session, the state approved HB 1406 which is a local revenue
sharing program for local governments. This allows local governments to collect a portion of
state sales tax for addressing affordable housing. The tax credit is in place for up to 20 years.
All projects funded by HB 1406 must serve those at or below 60% of the area median income
(AMI). Homelessness and affordable housing are key issues both in the region as a whole and
in the City of Tukwila itself. The revenue available to cities through this bill is a way to begin to
address this issue through acquiring, rehabilitating, or constructing affordable housing;
operations and maintenance of new affordable housing or supportive housing facilities; or for
rental assistance. House Bill 1406 can be found as Attachment A.
Tukwila does not levy a "qualifying local tax". Therefore, the amount of sales tax credit eligible
for Tukwila under HB 1406 is .0073% of the sales tax from the state. However if the City Council
elects to get the maximum amount allowed under HB 1406 (.0146% of the sales tax), the
Council would need to pass an ordinance to adopt a "qualifying local tax" including ballot
measures by July 31, 2020. Qualifying local taxes include: an affordable housing levy (RCW
84.52.105), a sales and use tax for housing and related services (RCW 82.14.530), a sales tax
for chemical dependency and mental health services or therapeutic courts (RCW 82.14.460), or
a levy (property tax, RCW 84.55.050) if used solely for affordable housing.
See Attachment B for a handout prepared by the Association of Washington Cities explaining
the implementation of HB 1406.
The revenue from HB 1406 can be used for:
1. Acquiring, rehabilitating, or constructing affordable housing; and/or
2. Operations and maintenance of new affordable housing or supportive housing facilities;
and/or
3. Providing rental assistance to tenants (only an option for cities with a population less
than 100,000 people)
15
INFORMATIONAL MEMO
Page 2
DISCUSSION
The key decisions that Tukwila must make are:
1. Does the City want to participate?
Participation in HB 1406 does not increase tax to consumers, it is sales tax revenue that
is being diverted from the State to the City to be used for affordable housing. Tukwila's
expected revenue is $162,046, based on data from 2018. A qualifying local tax would
double this revenue totaling an expected $324,093, but would result in an increase tax to
residents and has to be approved by the voters.
Non -participation would result in the City's share going to King County.
2. Does the City want to impose a qualifying local tax?
Qualifying local taxes include: an affordable housing levy (RCW 84.52.105), a sales and
use tax for housing and related services (RCW 82.14.530), a sales tax for chemical
dependency and mental health services or therapeutic courts (RCW 82.14.460), or a
levy (property tax, RCW 84.55.050) if used solely for affordable housing.
Imposing a qualifying local tax would double Tukwila's expected yearly revenue to $324,
093, but would result in an increase in tax for residents and would need to be approved
by a vote of the residents of Tukwila.
3. How does the City want to use the revenue?
This decision does not need to be made at this time. If the Council decides to pass this
ordinance, staff will come back to the Committee with a process for determining how the
revenue will be used. HB 1406 enables participating cities to use the revenue in a variety
of ways. Cities can keep their expected revenue in total to be used for affordable
housing within their boundaries, they can pool their money with other cities through an
interlocal agreement, or they can choose to do a combination of the two.
Tukwila currently participates in South King Housing and Homelessness Partners
(SKHHP), which is a coalition formed by an interlocal agreement between Auburn,
Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, King
County, and Tukwila. The purpose of SKHHP is to increase the available options for
South King County residents to access affordable housing and to preserve the existing
affordable housing stock. If Tukwila decides to pool its resources from HB 1406, SKHHP
would be an avenue to do that. Additionally, King County is also looking at pooling
resources at a County -wide level.
The funds collected can be used to:
• Rehabilitate Tukwila's existing affordable housing stock, this may include
partnering with King County Housing Authority
• Partner with existing affordable housing developers such as Bellwether or
Homestead for projects that are shovel -ready
• Pool with participating SKHHP cities, or with King County, for the construction of
new affordable housing in South King County
• Provide rental assistance to Tukwila's low-income tenants
16
INFORMATIONAL MEMO
Page 3
4. What are the deadlines for adopting legislation?
To participate, Tukwila must pass a resolution of intent by January 31, 2020, and adopt
an ordinance authorizing collection of tax by July 27, 2020. If the City Council decides to
impose a qualifying local tax the deadline is July 31, 2020. If Tukwila decides not to
instate a qualifying local tax, there is no tax increase to consumers. The revenue can
begin to be collected once a resolution of intent and an ordinance are both passed, and
Department of Revenue is provided a thirty day notice. The city is able to collect taxes
as early as November 1 if a resolution and an ordinance is adopted by the end of
September.
FINANCIAL IMPACT
In order for Tukwila to begin collecting the revenue from HB 1406, the City must pass a
Resolution of Intent, adopt an ordinance, and notify the Department of Revenue. The
Department of Revenue requires 30 days notice of adoption of sales tax credits. The credit will
then take effect on the first day of the month following the 30 day period. For example: if Tukwila
passes a resolution of intent and adopts an ordinance on September 16, revenue could begin to
be collected on November 1. Passing a resolution of intent and adopting an ordinance can
happen in tandem.
Tukwila's expected revenue from HB 1406 without a qualifying tax is $162,046 at no expense to
residents or consumers. The amount of sales tax revenue will be calculated on December 31,
2019, which will establish the maximum amount the City can collect for the next 20 years.
However, if the sales tax revenue for the City is below the maximum amount in any given year,
the tax will cease to be distributed to the City for the remainder of that year. Any annual tax
revenues above the City's maximum must be remitted to the treasurer for deposit in the general
fund, and distributions will resume to the City at the beginning of the next fiscal year. Tukwila's
expected revenue from HB 1406 with a qualifying tax is approximately $324,093, which would
result in an extra expense to residents and would need to be approved through a vote. Revenue
will be distributed to each participating City monthly.
RECOMMENDATION
The Council is being asked to approve the resolution of intent and the ordinance to collect
.0073% of the sales tax (without "qualifying tax" option) and consider this item at the September
9, 2019 Committee of the Whole meeting and subsequent September 16, 2019 Regular
Meeting. King County has requested that the passage of the ordinance is after King County
Council takes action on their ordinance which is scheduled for September 12.
ATTACHMENTS
A: House Bill 1406
B: AWC handout
C: Resolution of Intent
D: Ordinance
17
18
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
the dates hereon set forth.
Passed by the Senate April 28, 2019
Yeas 33 Nays 15
CYRUS HABIB
BERNARD DEAN
Chief Clerk
President of the Senate
Approved May 9, 2019 2:51 PM FILED
JAY INSLEE
Governor of the State of Washington
May 13, 2019
Secretary of State
State of Washington
19
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
11 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 (i) The affordable housing levy authorized under RCW 84.52.105;
20
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 21
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
22
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
23
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
24
p. 5
SHB 1406.SL
Don't miss out on up to 20 years of shared
revenue for affordable housing
In the 2019 legislative session, the state approved a
local revenue sharing program for local governments
by providing up to a 0.0146% local sales and use
tax credited against the state sales tax for housing
investments, available in increments of 0.0073%,
depending on the imposition of other local taxes and
whether your county also takes advantage.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 ordinance must
then be adopted by July 27, 2020 to qualify for a credit.
The following information is intended to assist your city
in evaluating its options and timelines. It is not intended
as legal advice. Check with your city's legal counsel and/
or bond counsel for specific questions on project uses
and deadlines for implementation.
ri hroed
avernment;l
carts awcriet
Eligibility to receive shared revenues
The state is splitting the shared resources between
cities and counties. However, cities can receive both
shares if they have adopted a"qualifying local tax"
by July 31, 2020. Qualifying taxes are detailed below.
Cities who are levying a "qualifying local tax" by July
28, 2019, the effective date of the new law, will receive
both shares immediately once they impose the new
sales tax credit.
If a city does not implement a qualifying local tax by
the deadline, they can still participate in the program if
they meet the other deadlines but will be eligible for a
lower credit rate.
A city can adopt the sales tax credit before designating
how the funds will be used once collected.
Qualifying local taxes
The following are considered "qualifying local taxes" and,
if levied, give the city access to both shares of the tax
credit (i.e. 0.0146% rate instead of the single share rate of
0.0073%):
Affordable housing levy (property tax) under
RCW 84.52.105
Sales and use tax for housing and related services
under RCW 82.14.530. The city must have adopted at
least half of the authorized maximum rate of 0.001 %.
Sales tax for chemical dependency and mental health
(optional .1 MIDD) under RCW 82.14.460
Levy (property tax) authorized under RCW 84.55.050, if
used solely for affordable housing
Think of the "qualifying local tax" as a multiplier or
"doubler" It gives the city access to double the tax credit
even when the county chooses to participate in the
program.
Policy' Analysi
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ASSOCIATION
OF WASHINGTON
25
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funding to supportaffordable housing for the next
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Six steps to affordable housing revenue
Co your city adopt a"qualifying local tax"
by July 31, 2020, including ballot measure?
Unfortunately: your city
no longer eligible to
participate in the program.
Yes
Your city is still
eligible to participate
in the program. Go to
Step 3 to continue,
Important dates:
• Resolution to levy tax credit:July 28, 2019 -January
31, 2020
• Ordinance to levy the tax credit: By July 27, 2020
• Adopt "qualifying local tax"(optional): ByJuly 31, 2020
• See also Additional timelines to keep in mind
on the back
If the county declared they will not levy the tax or have not
adopted a resolution of intent by February 1.2020, your
city's tax rate will be 0.0146"0, (See Important Dates.)
Yc urtasrcredi
fogg onthe_date-
the taxcreditis levied.{See Important Dates.}
on the da
Dates.) A
2020, your tax credit rate is 0.0073'1v starting
the tax credit is levied_(See Important
ly I, 2020, your tax credit rate is 0,0146"i•,
ASSOCIATION
OF WASHINGTON
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Tax credit rate examples
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*We believe that this was an error
mbill drafting. Please let us know ifyouare m
this situation. Wecan work maddress omfuture legislative sessions.
Eligible uses nfthe funds:
l.Projects must serve those akorbelow UO9hAK4|.
2.Acquiring, rehabilitating, orconstructing affordable
housing, which may include new units ofaffordable
housing within anexisting structure urfacilities providing
supportive housing services. |naddition toinvesting in
traditional subsidized housing projects, this authority could
potentially beused toprovide for land acquisition, down
payment assistance, and home repair solong asrecipients
meet the income guidelines.
3,Funding the operations and maintenance costs ofnew units
ofaffordable orsupportive housing.
4,For cities with apopulation under lOO,OOO,the funds can
also beused for rental assistance tntenants.
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Frequently asked questions:
1.This program sounds very familiar. Didn't alocal option
affordable housing sales tax law pass afew years
ago? Yes, but the new law has important differences. The
Legislature passed HB2Z83inZOl5that authorized cities and
towns tolevy uptoaU.lV6sales tax for affordable houdng--
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but, importantly, only after voter approval. This sales tax levy
isconsidered a"qualifying local tax"underHBl4O6Another
important distinction isthat the affordable housing sales tax
from 2O15isanadditional tax nnthe consumer, and not a
credit nnanexisting state -imposed tax.
2. Dovxehave tnlevy o"qualifying local tax" to
participate? No. Your city isstill eligible tnparticipate inthe
program, but your tax credit rate will depend onwhether
the county participates inthe program. See Tax credit rate
examples chart tothe left.
3. 0oweonly have access tothe program iythe county
declines twparticipate? No. Acity can participate, and
receive funds, even ifthe county participates. Unfortunately,
ifyour city does not impose a"qualifying local tax" bythe
deadline and your county declines toparticipate, then you
will not have access tofunds after the first year, due tua
drafting error in the bill. We don't anticipate this scenario
tooccur, but please let usknow ifyou find yourself \nthat
situation. Wewill work with the Legislature tuaddress itifthis
proves problematic. |nall cases you must meet the program
deadlines tnparticipate. See Deadlines uopurticjpu^e.
4.Does itmake adifference atall ifour county
participates? Only ifyou have not adopted a^qua|ifying
local tax."|fyou have adopted a"qualifying local tax^you
can access the higher credit rate regardless ofcounty
participation. |fyou don't have a"qualifying local tax^then
you can only access the higher rate ifthe county does not
participate.
5.How is"rental assistance" defined? Does that include
rent nouche,s7Theterm "rental as5istance^i5not defined
inthe chapter 8Z.l4R[W;however, both federal and
state housing programs use the term "rental assistance^to
mean providing rent, security deposits, orutility payment
assistance totenants.
6.Can m/epool our revenue with another entity? Can
weissue bonds oruse the money torepay bonds?
Yes! Cities can enter into anintedoca|agreement with
other local governments ora public housing authority
topool tax receipts, pledge tax collections tobonds,
allocating collected taxes tnauthorized affordable housing
expenditures, orother agreements authorized under
chapter 3934R[VKCities may also use the tax credit
revenue tuissue orrepay bonds inorder tucarry out the
projects authorized under the new law.
7.lsthe amount wftax credit m/ereceive limited only bythe
amount ofsales tax collected per year? No. The maximum
amount will bebased onstate fiscal year 2Ol9sales.
V. Does the tax credit program expire? Yes, the tax expires
2Oyears after the date onwhich the tax is first levied.
and
^=
ASSOCIATION
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28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, DECLARING THE INTENT
OF THE CITY TO ADOPT LEGISLATION TO AUTHORIZE
A SALES AND USE TAX FOR AFFORDABLE AND
SUPPORTIVE HOUSING IN ACCORDANCE WITH
SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS
OF 2019), AND OTHER MATTERS RELATED THERETO.
WHEREAS, in the 2019 Regular Session, the Washington State Legislature
approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of
2019) ("SHB 1406"); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose
a local sales and use tax for the acquisition, construction or rehabilitation of affordable
housing or facilities providing supportive housing, for the operations and maintenance
costs of affordable or supportive housing, or (in cities with a population of 100,000 or less)
for providing rental assistance to tenants; and
WHEREAS, the tax will be credited against state sales taxes collected within the City
of Tukwila and, therefore, will not result in higher sales and use taxes within the City of
Tukwila and will represent an additional source of funding to address housing needs in
the City of Tukwila; and
WHEREAS, the tax must be used to assist persons whose income is at or below 60
percent of the City median income; and
WHEREAS, the City has determined that imposing the sales and use tax to address
this need will benefit its citizens; and
WHEREAS, in order for a city or county to impose the tax, within 6 months of the
effective date of SHB 1406, or January 28, 2020, the governing body must adopt a
resolution of intent to authorize the maximum capacity of the tax, and within 12 months
of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize
the maximum capacity of the tax; and
W:\Legislative Development\Sales and use tax for affordable housing-HB 1406 8-14-19
MS:bjs Review and analysis by Barbara Saxton
Page 1 of 2
29
WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406;
and
WHEREAS, the Tukwila City Council desires to declare its intent to impose a local
sales and use tax as authorized by SHB 1406 as set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution of Intent. The City Council declares its intent to adopt
legislation to authorize the maximum capacity of the sales and use tax authorized by SHB
1406 within one year of the effective date of SHB 1406, or by July 28, 2020.
Section 2. Further Authority; Ratification. All City officials, their agents, and
representatives are hereby authorized and directed to undertake all action necessary or
desirable from time to time to carry out the terms of, and complete the actions
contemplated by, this resolution. All acts taken pursuant to the authority of this resolution
but prior to its effective date are hereby ratified.
Section 3. Effective Date. This resolution shall take effect immediately upon its
passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE MAXIMUM
CAPACITY OF A LOCAL SALES AND USE TAX TO FUND
INVESTMENTS IN AFFORDABLE AND SUPPORTIVE
HOUSING, TO BE CODIFIED AT CHAPTER 3.14 OF THE
TUKWILA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's Comprehensive Plan states that almost half of City residents are
burdened by housing costs, paying more than 30% of their income for housing; and
WHEREAS, Goal 3.2 of Tukwila's Comprehensive Plan is that the City of Tukwila has
safe, healthy, and affordable homes for all residents; and
WHEREAS, Goal 3.3 of Tukwila's Comprehensive Plan is that the City of Tukwila
supports and collaborates with other jurisdictions and organizations to assess housing
needs, coordinate funding, and preserve and create affordable housing opportunities; and
WHEREAS, an implementation strategy in Tukwila's Comprehensive Plan is to support
and encourage legislation at the county, state, and federal levels that promotes affordable
housing goals; and
WHEREAS, the Tukwila City Council, in accordance with Washington State
Legislature Chapter 338, Laws of 2019, has adopted a resolution of intent to adopt
legislation to authorize the maximum capacity of a sales and use tax within six months of
the effective date of Chapter 338, Laws of 2019; and
WHEREAS, the City of Tukwila intends to impose the maximum local sales and use
tax authorized under Chapter 338, Laws of 2019 within one year of the date on which
said law takes effect; and
WHEREAS, the Department of Revenue requires 30 days' notice of adoption of sales
tax credits and the credit will then take effect on the first day of the month following the
30-day period; and
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WHEREAS, the local sales and use tax will be credited against the state sales and
use tax so that the total tax paid by the consumer will not increase; and
WHEREAS, the local sales and use tax revenue shall be spent on acquiring,
rehabilitating, constructing affordable housing or supportive housing, or rental assistance
and other related expenditures as authorized by Chapter 338, Laws of 2019; and
WHEREAS, Chapter 338, Laws of 2019 authorizes the City of Tukwila to issue
general obligation or revenue bonds to carry out the purposes of the legislation and to
pledge the revenue collected by the local sales and use tax to repay the bonds; and
WHEREAS, in 2019 the cities of Auburn, Burien, Covington, Des Moines, Federal
Way, Kent, Normandy Park, Renton, Tukwila and King County entered into an Interlocal
Agreement that formed the South King Housing and Homelessness Partners (SKHPP);
and
WHEREAS, the Executive Board of SKHHP is considering cooperative action and
pooling public and private resources to address affordable housing needs in South King
County; however, no decisions have been made at this time; and
WHEREAS, the City has determined it is in the best interest of the City and its residents
to begin implementation of the tax and then later determine the process for the distribution
of the funds collected by a resolution of the Tukwila City Council to meet the requirements
of Chapter 338, Laws of 2019;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 3.14 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Sales and Use Tax for Affordable Housing," to be
codified as Tukwila Municipal Code (TMC) Chapter 3.14, is hereby established to read as
follows:
CHAPTER 3.14
SALES AND USE TAX FOR AFFORDABLE HOUSING
Sections:
3.14.010
3.14.020
3.14.030
Imposition of Sales and Use Tax for Affordable Housing
Purpose of Tax
Administration and Collection — Statutory Compliance
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Section 2. Regulations Established. TMC Section 3.14.010, "Imposition of Sales
and Use Tax for Affordable Housing," is hereby established to read as follows:
3.14.010 Imposition of Sales and Use Tax for Affordable Housing
A. There is imposed a sales and use tax as authorized by Washington State
Legislature Chapter 338, Laws of 2019, which shall be codified in Chapter 82.14 RCW,
upon every taxable event, as defined in Chapter 82.14 RCW, occurring within the City of
Tukwila. The tax shall be imposed upon and collected from those persons from whom
the State sales tax or use tax is collected pursuant to Chapter 82.08 and 82.12 RCW.
B. The rate of the tax imposed by TMC Section 3.14.010 shall be 0.0073 percent of
the selling price or value of the article used.
C. The tax imposed under TMC Section 3.14.010 shall be deducted from the
amount of tax otherwise required to be collected or paid to the Department of Revenue
under Chapter 82.08 or 82.12 RCW. The Department of Revenue will perform the
collection of such taxes on behalf of the City of Tukwila at no cost to the City.
D. The Department of Revenue will calculate the maximum amount of tax
distributions for the City of Tukwila based on the taxable retail sales in the City in State
Fiscal Year 2019, and the tax imposed under TMC Section 3.14.010 will cease to be
distributed to the City of Tukwila for the remainder of any State Fiscal Year in which the
amount of tax exceeds the maximum amount of tax distributions for the City as properly
calculated by the Department of Revenue. Distributions to the City of Tukwila that have
ceased during a State Fiscal Year shall resume at the beginning of the next State Fiscal
Year.
Section 3. Regulations Established. TMC Section 3.14.020, "Purpose of Tax," is
hereby established to read as follows:
3.14.020 Purpose of Tax
A. The City may use the moneys collected by the tax imposed under TMC Section
3.14.010 or bonds issued only for the following purposes:
1. Acquiring, rehabilitating, or constructing affordable housing, which may
include new units of affordable housing within an existing structure or facilities providing
supportive housing services under RCW 71.24.385; and
2. Providing the operations and maintenance costs of new units of affordable
or supportive housing; and
3. Providing rental assistance to tenants.
B. The housing and services provided under TMC Section 3.14.020 may only be
provided to persons whose income is at or below 60 percent of the median income of the
City.
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C. In determining the use of funds under TMC Section 3.14.020, the City must
consider the income of the individuals and families to be served, the leveraging of the
resources made available under TMC Section 3.14.010, and the housing needs within
the City.
D. The Finance Director must report annually to the Washington State Department
of Commerce, in accordance with the Department's rules, on the collection and use of the
revenue from the tax imposed under TMC Section 3.14.010.
E. The tax imposed by the City under TMC Section 3.14.010 will expire 20 years
after the date on which the tax is first imposed. The Finance Director shall provide notice
to the City Council and the Mayor of the expiration date of the tax each year beginning
three years before the expiration date, and shall also promptly notify the City Council and
the Mayor of any changes to the expiration date.
Section 4. Regulations Established. TMC Section 3.14.030, "Administration and
Collection — Statutory Compliance," is hereby established to read as follows:
3.14.030 Administration and Collection — Statutory Compliance
The administration and collection of the tax imposed by Chapter 3.14 shall be in
accordance with the provisions of Washington State Legislature Chapter 338, Laws of
2019, which shall be codified in Chapter 82.14 RCW.
Section 5. The Finance Director is authorized to provide any necessary notice to the
Department of Revenue to effectuate the tax enacted by this ordinance and to execute,
for and on behalf of the City of Tukwila, any necessary agreement with the Department
of Revenue for the collection and administration of the tax enacted by this ordinance.
Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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