HomeMy WebLinkAboutres2024-037Whatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2024-494
File ID: AB2024-494 Version: 1 Status: Approved
File Created: 07/16/2024 Entered by: JGernand@co.whatcom.wa.us
Department: Council Office File Type: Resolution Requiring a Public Hearing
Assigned to: Council Final Action: 09/10/2024
Agenda Date: 09/10/2024 Enactment #: RES 2024-037
Related Files:
Primary Contact Email: jgernand@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution defining transportation improvements in accordance with newly amended state law (Council
acting as the Governing Body of the Point Roberts Transportation Benefit District)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This resolution of the Whatcom County Council acting as the governing body of the Point Roberts
Transportation Benefit District, in accordance with recent changes to state law, considers transportation
improvements, as defined in RCW 36.73.015(6), to be appropriate expenditures of tax revenue
collected pursuant to the Point Roberts Benefit District boundaries.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
08/06/2024 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
09/10/2024 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Whatcom County Page 1 Printed on 911112024
Agenda Bill Master Report Continued (AB2024-494)
Attachments: Proposed Resolution, Proposed Resolution (corrected Scrivener's errors) for 9.10.2024, Memo
Whatcom County Page 2 Printed on 911112024
I PROPOSED BY: SCANLON ELENBAAS BUCHANAN
2 INTRODUCTION DATE: AUGUST 6, 2024
4 A RESOLUTION BY THE GOVERNING BODY OF THE POINT ROBERTS
5 TRANSPORTATION BENEFIT DISTRICT
6
7 RESOLUTION NO. 2024-037
8
9 DEFINING TRANSPORTATION IMPROVEMENTS IN ACCORDANCE WITH NEWLY
10 AMENDED STATE LAW
11
12 WHEREAS, the Whatcom County Council Members, acting ex officio and
13 independently, compose the governing body of the Point Roberts Transportation Benefit
14 District; and
15
16 WHEREAS, pursuant to RCW 42.30, the Point Roberts Transportation Benefit District
17 is subject to the Open Public Meeting Act; and
18
19 WHEREAS, the introduction, publication, consideration and adoption of resolutions
20 of the Board which carry the force of law or which exercise the powers of the Board as listed
21 in RCW 86.15.080 shall be accomplished following the same procedure as that used for
22 ordinances of the Whatcom County Council, except where otherwise stipulated by state law;
23 and
24
25 WHEREAS, the Whatcom County Administration acts as administration for the Point
26 Roberts Transportation Benefit District; and
27
28 WHEREAS, the Whatcom County Treasurer acts, ex officio, as Treasurer of the Point
29 Roberts Transportation Benefit District; and
30
31 WHEREAS, Washington State Senate Bill 6017 was enacted into law on June 6,
32 2024, and RCW 82.47.030 was amended, and currently reads: "The entire proceeds of the
33 tax imposed under this chapter, less refunds authorized by the resolution imposing such tax
34 and less amounts deducted by the border area jurisdiction for administration and collection
35 expenses, shall be used solely for the purposes of border area jurisdiction street
36 maintenance and construction. However, a border area jurisdiction not directly connected to
37 the continental United States may use the proceeds of the tax imposed under this chapter
38 for transportation improvements as defined in RCW 36.73.015;" and
39
40 WHEREAS, the legislative intent of Washington State Senate Bill 6017 was made
41 clear: "The legislature recognizes that the border area fuel tax is not the state gas tax, but
42 rather a local option, voter -approved transportation tax collected locally to be used for local
43 transportation purposes. The legislature finds that because this local option tax is not
44 collected by the state of Washington, it is not subject to the 18th amendment to the
45 Washington state Constitution and is therefore not required to be used exclusively for
46 highway purposes. The legislature further finds that during the global COVID-19 pandemic,
47 border areas were disproportionately hurt economically due to border closures and
48 experienced significant reductions in tax revenues. The legislature further recognizes that
49 current law significantly restricts the use of the border area fuel tax to street maintenance
50 and construction. For example, the Point Roberts area has over $1,000,000 of border area
51 fuel tax revenue that remains unused due to the restrictive nature of the current law.
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Therefore, the legislature intends with this act to expand the use of the border area fuel tax
to include transportation improvements more broadly to provide border areas the flexibility
to use this local funding source to best meet the jurisdiction's local transportation needs;"
and
WHEREAS, RCW 36.73.015 (6) defines transportation improvements broadly, and
includes: investment in new and existing highways and arterials, high capacity
transportation, public transportation, other projects of statewide or regional significance.
Further, the operation, preservation, and maintenance of facilities and programs is also
considered a transportation improvement; and
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council acting as
the governing body of the Point Roberts Transportation Benefit District acknowledges the
recent change to state law and considers transportation improvements, as defined in RCW
36.73.015 (6), to be appropriate expenditures of tax revenue collected pursuant to the Point
Roberts Benefit District boundaries, as specified in Whatcom County Ordinance 1991-043.
A}�P ED' Ytis 1 M day of September, 2024.
�. m �� .:.
GOVERNING BODY, POINT ROBERTS
C) ® TRANSPORTATION BENEFIT DISTRICT
ATTE.T S-oJE-O� WH TCOM C WAS INGTON
Cathy Hailkq, Cler ®df t e..CouTicil Barry a an, Mard Chairperson
APPROVED AS 6t& ItORM
George Roche (via email 7.29.2024)
Civil Deputy Prosecutor
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