Category: Taxes

Council’s Budget Would Preserve JumpStart Spending Plan, Restrict Shotspotter, and Restore Safe Streets Spending

 

By Erica C. Barnett

Last week, Seattle City Council budget committee chair Teresa Mosqueda released a first-draft 2024 budget “balancing package” that includes dozens of amendments to Mayor Bruce Harrell’s 2024 budget proposal—reversing a plan to fund child care and human service worker wages with the JumpStart affordable-housing payroll tax; adding or restoring funding for transportation, eviction prevention, free help with tax pand other services; and placing restrictions on the Seattle Police Department’s future spending on an acoustic gunshot detection system and salary savings from unfilled positions, among many other relatively small tweaks to a budget that Harrell’s office has changed significantly since the council and mayor passed an “endorsed” 2024 budget last year.

As in previous years, the mayor’s office proposed using about $9 million in JumpStart funds—which are earmarked for affordable housing, small businesses, equitable development, and Green New Deal projects—on items that aren’t authorized uses of the tax, including pay increases for human service workers and child care providers, the relocation of a tiny house village in the University District, and startup costs for the new social housing public development authority.

Mosqueda’s budget proposal would change the way those items are funded so that they come out of the city’s general fund, which is authorized to receive up to $84 million in JumpStart revenues in a lump sum this year; by shifting these expenditures to the city’s mainline operating budget, the proposal avoids the need to change the legally binding JumpStart spending plan and avoids making these items dependent on JumpStart funding in the future. Additionally, in response to new projections showing almost $10 million more coming in from JumpStart than expected, Mosqueda’s budget increases spending on a number of JumpStart priorities—including $4.6 million for multifamily housing that the mayor’s budget cut—and contributes $2 million to the fund’s reserve.

Responding to Councilmember Sara Nelson’s comment that the appropriate use of JumpStart funds “seems to be a matter of interpretation,” Mosqueda said that there’s actually “not a lot of disagreement about what the current statute says,” and that if the council wanted to fund items that aren’t allowed under the current spending plan, “we would have had to statutorily amend JumpStart, which the [mayor’s office] also understood and realized in the transmission of their budget proposals.”

Councilmember Lisa Herbold noted that although Burgess told the council there are studies showing that acoustic gunshot locater systems better in concert with camera surveillance, the mayor’s office has not provided any evidence for this; meanwhile, she noted, a study in Philadelphia found that adding cameras to Shotspotter increased police workload without improving outcomes or even confirming more shootings.

The budget still includes funding for Shotspotter—an audio surveillance system that deputy mayor Tim Burgess told the council will be more effective when “married” to CCTV cameras in the same locations—but would now include a budget proviso barring the police department from putting it to use until the city conducts a racial equity toolkit and a Surveillance Impact Report. Ulike the mayor’s proposal, which would do one racial equity analysis and impact report up front and apply it to all future uses anywhere in the city, Mosqueda’s proviso would require SPD to look at each neighborhood individually.

Councilmember Lisa Herbold noted that although Burgess told the council there are studies showing that acoustic gunshot locater systems better in concert with camera surveillance, the mayor’s office has not provided any evidence for this; meanwhile, she noted, a study in Philadelphia found that adding cameras to Shotspotter increased police workload without improving outcomes or even confirming more shootings.

Referring to the same study as well as a review of Shotspotter in Chicago, Mosqueda said the systems have led to “more officers going to neighborhoods on high alert, potentially with guns drawn … expecting to potentially confront a dangerous situation. Given the already tragic number of shootings for our BIPOC community, especially our Black community, by police, this is a recipe for trouble.”

Other potential changes in the council’s budget proposal include:

• A proposal to retain the title “director” for the head of the Community Assisted Response and Engagement department (formerly the Community Safety and Communications Center). Harrell’s budget would change CARE department director Amy Smith’s title to “Chief” to make it equivalent to the police and fire chiefs, but opponents of this change argue that the title change is out of step with efforts to distinguish the CARE department as a civilian response team, not another arm of the police.

Discussion about this change got surprisingly heated during a budget meeting earlier this month, when Smith insisted Harrell’s title change was “brilliant” because it provides “a level-setting, across public safety to say these are of equal importance and significance” to first responders from police and fire departments. Mosqueda said she had heard “directly from first responders” that their jobs are different because they take an oath to show up in emergencies, which is distinct from the role of the civilian team that will soon begin responding, accompanied by police, to some low-priority, non-emergency calls.

• Funding ($200,000) to expand pretrial diversion programs, which allow people accused of some misdemeanors to avoid charges by attending classes or other programs on a short-term basis. Sponsor Andrew Lewis said enhancing these programs would help the city “continue to have a more just and equitable system of justice”; these light-touch programs not generally appropriate for people with serious addiction or mental health issues, so the money won’t address the influx of new potential clients pouring into  programs like LEAD because of the city’s new drug criminalization law.

• Funding to raise wages for human services workers at agencies whose contracts with the King County Regional Homelessness Authority are funded through the federal Department of Housing and Urban Development (HUD), not the city. The council passed a Mosqueda-sponsored law in 2019 that requires annual inflationary adjustments to most human services contracts to boost workers’ pay and improve employee retention, but that mandate only applies to city-funded contracts. Increasing other homeless service contracts would bring workers at those agencies to parity, but would create an ongoing annual budget issue.

The proposed amendments include one from Council President Debora Juarez stipulating that of $2.4 million reserved in 2024 for paving non-arterial streets, $600,000 can only be spent paving the streets around the Seattle Storm’s planned practice center in Interbay, which former mayor Jenny Durkan pushed through on her way out the door. Under the agreement, the developers is only “responsible for repaving half the streets”—from the property line to the center of the road—leaving the city on the hook for the rest.

• A one-time, $300,000 transfer to King County’s Department of Community and Human Services to pay for what sponsor Sara Nelson described as “intensive outpatient or inpatient treatment,” including detox, for low-income people who can’t access private treatment through Medicaid. The intent, Nelson said, is to fund treatment at facilit[ies] where they are taken out of their daily lives and detoxed and given some counseling and behavioral therapy nutrition, etc.” Nelson has advocated for the city to fund traditional abstinence-based treatment in addition to opioid use disorder medications and harm reduction, and the council may be more open to the idea if the money flows through the county’s human services department—which will have discretion over how to spend the money—than the city’s.

• A proviso stipulating that of $2.4 million reserved in 2024 for paving non-arterial streets, $600,000 can only be spent paving the streets around the Seattle Storm’s planned practice center in Interbay. Former mayor Jenny Durkan pushed through a special zoning exemption to allow the 50,000-square-foot facility, which is under construction, in an industrial area; under a subsequent agreement, the developers is only “responsible for repaving half the streets”—from the property line to the center of the road—leaving the city on the hook for the rest. The proviso, sponsored by retiring Council President Debora Juarez, would lock up a quarter of next year’s non-arterial street paving fund to pay for the other half.

• About $10 million in restored funding for transportation that Harrell’s budget proposed cutting to account for shortfalls in revenue from traffic cameras, parking taxes, real estate transactions, and vehicle license fees. The balancing package would use the balances sitting in several transportation funds to restore funding for ADA curb ramps, bridge maintenance, greenways for bicyclists, and school safety projects. “We wanted to make sure to fully preserved the investments in transportation in 2024 to avoid broad cuts to Safe Streets infrastructure projects, and prevent pitting communities against each other.

The initial balancing package would also convert $300,000 of a $1 million loan city made to Community Roots Housing, the affordable housing nonprofit, into a grant. Community Roots, formerly Capitol Hill Housing, is supposed to pay back the full interest-free loan by 2025. Earlier this week, Capitol Hill Seattle reported that Community Roots is selling off a 30-unit apartment building that the nonprofit said cost too much to maintain; it’s the second time the organization has put one of its buildings on the market this year.

Council Fast-Tracks Plan to Legalize “Impact Fees” on New Apartments

Seattle’s list of projects that impact fees could fund includes projects that have already been funded and are nearing completion.

By Erica C. Barnett

In an unusual move, City Councilmembers Lisa Herbold and Alex Pedersen persuaded a majority of their council colleagues last week to fast-track an amendment to the city’s Comprehensive Plan that would set the stage for “transportation impact fees” on new housing—fees that are based on the premise that dense, urban living causes negative impacts on the city’s transportation system.

The Comprehensive Plan is the overarching framework for planning and development decisions in Seattle. The changes the council is considering would allow transportation impact fees, “identify deficiencies in the transportation system associated with new development,” and adopt a list of projects that could be funded through such fees.

Pedersen has said fees on new housing could allow the city to reduce the size of the Seattle Transportation Levy, which is paid for by property taxes—lowering taxes for homeowners while raising the cost of new apartments for renters.

The council voted to bypass the normal process for approving changes to the comp plan, skipping Councilmember Dan Strauss’ land use committee to send the proposal directly to the full council, with a single public hearing scheduled for the council’s 2pm meeting on November 7 (coincidentally, Election Day). The council would vote on the amendment itself two weeks later, on November 21—the deadline to push the changes through this year.

Unlike MHA, in which developers fund new affordable housing in exchange for greater housing density, impact fees treat new housing as a bad thing that must be offset by fees to offset its negative impact. This anti-urbanist assumption elides the fact that the hundreds of thousands of people moving to Seattle over the coming decades are going to have to live somewhere—and that if there isn’t enough housing in the city, people, including many who can no longer afford to live in Seattle, will be pushed out into car-dependent suburbs.

Strauss, who has already scheduled a public hearing in the land use committee for November 29, protested this departure from the council’s normal procedures, noting that the city spent years deliberating over changes to industrial zoning and a tree protection ordinance, and both still need work after passing earlier this year. In addition, Strauss noted that the city’s hearing examiner has yet to issue a ruling on an appeal related to the fee proposal, which developers say would have a significant negative environmental impact—namely, it would reduce the amount of new housing in the city.

“I believe it is important that we receive the hearing examiner’s decision and have the time needed … to understand the policy” and hold a public hearing before voting the changes through, Strauss said.

Proponents of the legislation, including Herbold and Council President Debora Juarez, have minimized its impact, calling it a minor “procedural vote” with no actual policy impacts. In reality, changing the city’s Comprehensive Plan to allow impact fees is a consequential decision that could ultimately reduce the amount of housing that gets built inside city limits.

Juarez, Herbold, and Pedersen are not running for reelection and will leave the council at the end of this year.

According to a staff analysis, impact fees could bring in between $200 million and $760 million over 10 years—similar to the Mandatory Housing Affordability program the city adopted in 2019, which allowed denser development in some areas while helping to fund new affordable housing. MHA, like impact fees, was controversial, and the council held “at least 20 committee meetings” before passing it, Councilmember Teresa Mosqueda noted.

Unlike MHA, in which developers fund new affordable housing in exchange for greater housing density, impact fees treat new housing as a bad thing that must be offset by fees to offset its negative impact. This anti-urbanist assumption elides the fact that the hundreds of thousands of people moving to Seattle over the coming decades are going to have to live somewhere—and that if there isn’t enough housing in the city, people, including many who can no longer afford to live in Seattle, will be pushed out into car-dependent suburbs whose negative impacts are well-documented.

Advocates on both sides of the issue will now have just two opportunities to weigh in—once at the full councl meeting on November 7, and two weeks later, when the council is scheduled to take its final vote. Although Pedersen claimed last week that the commenters who showed up to oppose impact fees were just “paid lobbyists” who were “afraid of a public hearing,” Mosqueda argued that the accelerated schedule makes it less likely that ordinary members of the public will be able to weigh in on changes that could further depress housing development in the middle of a housing downturn.

Once the council adopts the changes to the Comprehensive Plan, they can begin the process of adopting the fees themselves. That process will almost certainly have to include additional comp plan changes, since the proposal the council is considering includes a list of projects that includes some that have already received funding—like the RapidRide G line on Madison Street, set to open next year.

Council Debates Harm Reduction, RV Storage and Jumpstart Tax as Annual Budget Deliberations Begin

Mayor Bruce Harrell’s proposed budget turns an estimated $212 million funding shortfall in 2026 into a $247 million shortfall, according to a city council staff analysis.

By Erica C. Barnett

Seattle City Councilmember Sara Nelson raised objections to funding several small harm-reduction programs using funds from the state’s settlements with opioid makers and distributors on Thursday, saying that the funds might better be spent on “treatment” rather than drug user health programs at the Hepatitis Education Project (HEP), Evergreen Treatment Services, and the People’s Harm Reduction Alliance.

These programs, which total less than $500,000, were originally funded using money the council set aside for a safe consumption site; in the face of strong political opposition to that idea, including from former mayor Jenny Durkan, the city worked with advocates to come up with alternatives that would still fulfill the original mission of harm reduction and health care without requiring a physical site.

Nelson, who has advocated for the city to fund traditional, abstinence-based inpatient treatment, said she wanted to know “what is the harm that is being reduced by the use of this money, and how do we measure the the performance of that investment? Because I know people know that I prefer that our scarce dollars should be used for treatment.” Although the three groups received funding from King County through a competitive Request for Proposals process, Nelson said they should go through another one, since the funding source is new.

According to City Attorney Ann Davison’s office, any lot for storing RVs that were previously used as residences has to be directly adjacent to a noncongregate shelter site—a requirement that has had the effect of virtually prohibiting such a lot. Davison said RVs could be allowed in this situation for up to 90 days, with extensions on a “case-by-case basis if the resident is working in good faith towards permanent housing”—a significantly more paternalistic approach than the previously approved proposal.

Both council president Debora Juarez and Councilmember Lisa Herbold seemed exasperated by Nelson’s objections. Juarez said it was already the city’s policy to fund both conventional treatment and harm reduction, while Herbold noted that the King County Board of Health, which includes Herbold and Councilmember Teresa Mosqueda, just unanimously approved a resolution supporting harm reduction as one use for the opioid settlement funds.

The council, Herbold pointed out, just approved spending $5 million in block grant funds for a new low-barrier opioid treatment facility, along with $2 million for a post-overdose recovery site, on Tuesday.

Another odd detail that emerged on Tuesday: Although the city allocated $1 million a year last year for people who had been living in RVs to store their vehicles for up to a year while they transitioned to living in shelter or permanent housing, the money has not been spent. The reason? According to City Attorney Ann Davison’s office, any lot for storing RVs that were previously used as residences has to be directly adjacent to a noncongregate shelter site—a requirement that has had the effect of virtually prohibiting such a lot.

The reason for allowing people to hang on to their old vehicles, at least for a while, while they transition into shelter is obvious. Many people are reluctant to move from the relative safety and privacy of their own RV into a shelter bed or tiny house, and don’t go into shelter as a result. If people can keep their RVs as a backup option, they’re much more likely to say yes to offers of shelter.

In a memo, an advisor to the city’s Human Services Department told the KCRHA that Davison’s office had determined that RV storage is “not identified as a permitted princip[al] use in the Seattle Land Use Code and is prohibited” everywhere in the city. RVs, the city attorney’s office said, could be allowed as an “accessory use” to a tiny house village for up to 90 days, but only if each resident who owned an RV started meeting with a case manager within 90 days to move toward permanent housing; extensions allowing people to store their vehicles longer “could be granted on a case-by-case basis if the resident is working in good faith towards permanent housing.”

This significantly more paternalistic version of the original proposal will require a provider willing and able to meet the city’s new conditions and restrictions. KCRHA put out an initial “letter of intent” seeking providers that are interested in opening an RV storage lot and a tiny house village next to each other on Wednesday.

On Thursday, Councilmember Lisa Herbold called the city attorney’s interpretation a “pretty significant misunderstanding” of the reason people want to store their RVs while they stay in a shelter. “The idea is is that this is a lot—much like a tow lot—where people voluntarily allow their vehicles to be towed into a fenced-in area,” Herbold said. “There are tow lots all over the city and they don’t all have to be next to housing for formerly homeless people.”

The council is just starting its annual budget deliberation process. At a high level, the council will be debating how best to prepare for a “structural” general-fund budget deficit that’s now estimated at $212 million in 2025, an improvement from earlier predictions. Harrell’s budget plan would increase that structural deficit by adding $51 million in new expenditures, of which almost $28 million are ongoing annual costs.

Although the general fund is actually projected to do better in 2024 than anticipated, a lot of one-time funds that created new programs during COVID are set to expire, and the new council, which will likely have at least five new members, will have to come up with new revenues and, most likely, cuts.

Given that reality, it’s likely the council will scrutinize Harrell’s decision to add 110 new city employees next year, most of them permanent positions that create ongoing new funding obligations for the city. Overall, Harrell’s 2024 budget adds $51 million to the 2024 budget the council and Mayor Bruce Harrell “endorsed” last year) and increases the estimated deficit in 2025 to $247 million. Of the 110 positions, 40 are funded through the general fund—the part of the budget that pays for most of the city’s operations—and another 16.5 come from Jumpstart.

Jumpstart revenues are now expected to come in about $21 million below previous predictions; the tax is based on payroll expenses for the highest-paid employees at the city’s very largest companies, which makes it susceptible to swings when big tech companies cut jobs or move offices elsewhere.

The mayor’s proposal would extend an exemption from the tax for highly paid employees of nonprofit hospitals who make between $150,000 and $400,000. If this exemption was allowed to expire as scheduled, the city would take in an additional $5 million. Most of the private hospitals in Washington state are nonprofits and are exempt from many other taxes.

Harrell’s budget transfers $27 million from the Jumpstart tax fund to the general fund, an ongoing practice that the council has approved every year for the past several years to keep COVID-era programs going. Much of that includes new spending beyond what the council approved last year in the “endorsed” 2024 budget.

For example, the mayor’s budget would use revenues from the Jumpstart tax—which are supposed to be dedicated to affordable housing, small businesses, equitable development, and Green New Deal investments—to pay for higher human service worker pay, relocation costs for a tiny house village that needs to move off Sound Transit property; and subsidies for child care workers.

Nelson noted that she was the only councilmember to vote against raising human service workers’ pay, because she thinks the goal of eventually raising human service workers’ wages by 37 percent—the increase a University of Washington study concluded they would need to get to parity with similarly skilled workers—is unrealistic.

“The taxpayers are paying for a lot,” she said, citing several voter-approved human services levies.

“Regardless of what jurisdiction, it is—city, county, state, federal—it’s all taxpayer money,” Councilmember Lisa Herbold responded, and noted that other local jurisdictions, like King County, are also contributing to higher wages for human services workers, who often make so little that they qualify for social service programs themselves.

Harrell’s budget does not continue funding for a one-time 4 percent pay increase, plus an ongoing 3.6 percent increase, for homeless service workers, which the city had hoped the KCRHA would figure out a way to fund long term. Paying for these pay increases would cost the city an additional $1.9 million a year.

Councilmember Alex Pedersen, who represents the University District, suggested that it would potentially harm the people living at the tiny house village to “quibbl[e] about the pots of money”—a position that runs counter to his frequent calls for audits and “accountability” for programs he believes may be wasting money.

The mayor’s proposal also includes $1 million a year in new funding to evaluate the effectiveness of the Jumpstart tax, which would include two new permanent employees and unspecified additional expenses. It would also extend an exemption from the tax for highly paid employees of nonprofit hospitals who make between $150,000 and $400,000. If this exemption was allowed to expire as scheduled, the city would take in an additional $5 million. Most of the private hospitals in Washington state, including Virginia Mason, Providence/Swedish, and Pacific Medical Centers, are organized as nonprofits and are exempt from many other taxes.

Given how often the council has had to agree to exemptions from the spending plan since Jumpstart went into effect in 2021, a council staff memo asks semi-rhetorically, “is it time to consider expanding the areas of spending the JS Fund can be used for on a permanent basis?” Jumpstart architect Teresa Mosqueda may object to changing the spending plan, as she has in the past, but she’s likely to be replaced by a new, appointed council member next year, assuming she wins election to the King County Council.

Proposals to Close City Deficit Prompt Immediate Backlash from Businesses, Business-Backed Council Members

A look at the ongoing structural shortfall in the city budget through 2026; “PET” refers to the JumpStart payroll tax.

By Erica C. Barnett

A list of potential progressive revenue options put forward by a city task force this week is already stirring controversy among businesses (and business-backed city council members) because it involves new taxes, rather than spending cuts, to maintain existing services and meet the city’s labor obligations. The policies, which are not recommendations, would help offset an average projected revenue shortfall, beginning in 2025, of $244 million a year.

Immediately after the task force published its list of options, one of the group’s own members, Seattle Metro Chamber CEO Rachel Smith, issued a statement denouncing the city for its “lack of budget transparency, accountability, and practical problem-solving” and arguing that the city’s real problem is overspending, not a lack of revenue.

Instead of proposing any new taxes, Smith said, Seattle should “look at reducing or eliminating services that do not meet measurable outcomes, are duplicative of other entities, are no longer aligned with current priorities, or have grown faster than real-world demands.” Smith did not identify any specific programs the Chamber believes the city should eliminate.

During a presentation of the recommendations to the council’s finance committee Thursday morning, Councilmember Alex Pedersen echoed Smith’s comments. “I believe City Hall doesn’t have a revenue problem. It has a spending problem,” he said. Chiming in, Councilmember Sara Nelson added that she believes the city should “live within our means” and cut the budget instead of raising taxes.

“I am simply suggesting that spending within our means is not austerity. It’s our responsibility,” Nelson said.

 

“The definition of austerity is a situation in which people’s living standards are reduced because of economic conditions,” Herbold responded.  

The projected shortfall, which is the result of declining revenues, expiring short-term funding, and spending increases, represents more than 15 percent of the city’s annual discretionary budget.

The progressive revenue work group, which included representatives from business and labor as well as the council and mayor’s office, came out of a statement of legislative intent the council passed in 2021, expressing the council’s commitment to work with the mayor to come up with permanent funding sources for a number of new general-fund programs that the city paid for using federal COVID relief dollars and revenues redirected from the JumpStart payroll tax.

With federal funding running out and JumpStart reverting to its intended purpose (funding housing, equitable development, and Green New Deal programs), the city is seeking new revenue sources to fund needs that are still ongoing, including homeless services, alternative 911 responders, and business assistance.

In addition to new programs, the city has had to spend more each year to keep up with population growth (more people require more services) and inflation, which raises labor costs. The city has also committed to raise wages for workers at human service nonprofits that contract with the city, which are so low that many employees qualify for public benefits. Overall, internal labor agreements account for 85 percent of the city’s increased costs through 2026, according to the work group’s report, while raises for human service workers account for about 4 percent of the increase.

According to a memo from the council’s central staff,  if the city fails to deal with this structural shortfall, the budget gap between 2025 and 2030 will average $244 million a year.

The task force, which looked only at the revenue side of the equation, whittled a list of more than 60 potential new fees and taxes down to nine, including three the city could implement right away, without the need for a ballot initiative or a change to state law. Those options include increases to the size or scope of the existing JumpStart payroll tax; a local tax on capital gains above a specific level, modeled after the state capital gains tax that recently withstood a state supreme court review; and a local tax on businesses whose CEOs make significantly more than the average worker.

Councilmembers have already proposed—and council staff have already analyzed—a JumpStart tax increase and a local capital gains tax, which could form the basis for future legislation and reduce the time it takes to pass either option.

In the council meeting Thursday, Nelson and Pedersen returned repeatedly to two ideas: First, they argued, the city should simply reduce the amount it spends on programs that, as Nelson put it, “do not meet measurable outcomes, are duplicative… [or] are no longer aligned with the city’s residents’ current priorities.”

“I am simply suggesting that spending within our means is not austerity. It’s our responsibility,” Nelson said.

Second, the pair argued, the city should get rid of all spending restrictions on the JumpStart tax, which provides a dedicated source of funding for housing and programs that benefit people and businesses disproportionately impacted by the presence in Seattle of large tech companies, like Amazon, and their wealthy employees. “I think the next city council could consider, once again, liberating those payroll tax revenues to handle that deficit, rather than locking up those dollars permanently for new programs [while] piling on another round of new taxes,” Pedersen said.

Councilmember Lisa Herbold—who, like Pedersen, is leaving the council next year—took issue with Nelson and Pedersen’s argument that budget cuts would not negatively impact the city. “The definition of austerity is a situation in which people’s living standards are reduced because of economic conditions,” Herbold said. “‘Just simply living within your means’ sounds nice, and it’s a great soundbite. I’m sure it’ll get picked up today. It sounds great. It’s just not accurate.”

The other taxes on the list include a tax on vacant residential or commercial units, which would have to navigate state law requiring uniform property taxes; a higher real-estate excise tax on the sale of properties above a certain value; a local graduated estate tax, with an exemption for the first $250,000; a local inheritance tax, paid by the beneficiaries of large bequests, which would be the first of its kind in the country; a congestion fee, or toll, on people who drive into highly congested parts of the city; and a flat income tax with rebates for low-income people.

All six of these options would require additional study, authorization from the state legislature, or a public vote, making them less viable solutions to the city’s near-term revenue shortfaull.

Bill Would Exempt Newspapers and Online Publications from Business Tax

Washington State Attorney General Bob Ferguson

By Erica C. Barnett

State legislation requested by Attorney General Bob Ferguson would fully exempt newspapers and some online publications from the state business and occupation tax, saving eligible publications (and costing the state) a total of about $10 million over the next four years. The bill is sponsored by Sen. Mark Mullet (D-5, Issaquah) in the senate and Rep. Gerry Pollet (D-46, Seattle) in the house.

Newspapers already pay a reduced B&O tax rate, but online publications don’t count as newspapers (or publications, for that matter) under current state tax law. As a result, online outlets pay a higher tax rate than print newspapers like the Seattle Times; PubliCola, for example, pays the same B&O tax as any other “retailer,” even though our only product is free online content.

If the tax break for newspapers is allowed to elapse in 2024, as scheduled, their business and occupation taxes would increase around 40 percent—a significant hit for an industry that’s already struggling.

To prevent that, the legislation would exempt newspapers and “eligible digital publications”—those with at least two full-time employees, but no more than 50—from state B&O taxes through 2035.

In a committee hearing on the proposal Tuesday, Sen. Mullet said he’s found it alarming to watch the newspaper industry shrink over the years, but struck a note of caution about the impact of expanding the exemption too far.

“I think the attorney general, in their agency request, had a good idea to say, maybe we should think about how to get some of the electronic people in the preference as well,” Mullet said. “But I think it seems like based on the fiscal note, we have to work with [the state Department of Revenue] to kind of define that. We’re not trying to quadruple or quintuple the size of the preference here. We’re just trying to expand it to make sure it wasn’t just the traditional print papers but some of the other legitimate online newspaper publications as well.”

Most of the people who testified at Tuesday’s meeting were the publishers of small newspapers around the state, including the Mason County Journal, the Methow Valley News, and The Star newspaper from Grand Coulee Star.

Scott Hunter, the publisher of the Star, said that in the last 30 years, his paper has transformed from “a very robust newspaper” with multiple full-time reporters to a one-person operation in which Hunter does everything from photographing local basketball games to covering city council meetings, unpaid. “This bill… is not going to be a game changer for me,” Hunter said. “But it doesn’t make fundamental sense to tax something that you want to keep going, that is struggling, and is essential. It’s just fundamentally doesn’t make sense.”

PubliCola submitted testimony supporting the inclusion of small online publications in the bill, and asked legislators to eliminate the minimum publication size (two or more full-time employees) to reflect the fact that many small publications rely on freelancers rather than full-time staff reporters to fill their physical or virtual pages.

Seattle’s Housing Levy, On the Ballot Next Year, Could Rise to $840 Million or More

By Erica C. Barnett

Next year, Seattle voters will be asked to approve a renewal of the city’s seven-year housing levy—a property tax that, since 1981, has constituted the city’s main source of funds for affordable housing. Although the Office of Housing is still hammering out the details, the proposal is certain to dwarf the current levy, more than doubling the size of the tax and almost tripling amount it will raise, from $290 million to $840 million a year. Under the latest draft, the owner of a median Seattle house would pay about $342 a year if the most recent version of the levy passed, compared to $114 today, an increase in real terms from 14 cents per $1,000 of assessed home value to 34 cents per $1,000.

What will Seattle voters get for all that money? The biggest-ticket item, at $640 million: About 2,600 new apartments, or about 200 more than the 2016 levy. Most of those units will be studios and one-bedrooms, although the final number, and mix of apartment sizes, could still change; an earlier version of the plan would have built fewer than 2,200 new homes.

Seattle’s Office of Housing is aware that number seems underwhelming, but says they have little choice but to ask voters to do less with more.

“Seattle’s affordable housing developers are contending with the same increased development costs as market-rate developers,” said OH spokeswoman Stephanie Velasco. “Simply put… it’s expensive to do any new development right now, due to inflation, high cost of land, and high cost of materials.”

Merely “meeting today’s need,” Councilmember Teresa Mosqueda said, would “mean we wouldn’t be planning for and building the housing needed for our growing population and the projected influx of residents in the near future.”

The revised levy proposal—an expansion of OH’s original, $758 million plan—would also maintain or expand funding for housing acquisition (buying up existing buildings, which both the city and King County did a lot more of during the pandemic), homeownership assistance, eviction prevention, and operations and maintenance (maintaining new buildings and providing supportive services and rent assistance to residents who need them).

“The Operating, Maintenance, and Services (OMS) program keeps the water running, the lights on, addresses regular repairs, provides maintenance and janitorial work, and supports operating and services personnel in Housing Levy-funded buildings,” Velasco said. “We have heard many times from affordable housing providers over the past year, particularly those providing permanent supportive housing, that these funds are critical to keeping their buildings running.”

One thing that has changed since the last levy renewal is that Seattle now has the JumpStart payroll tax, a tax on the wages of the highest earners at Seattle’s largest companies that passed in 2020. According to projections from OH, JumpStart is likely to produce between 1,600 and 2,200 new apartments over the life of the levy—a fact that could end up being a liability or an asset.

For those who reflexively oppose higher taxes—like, say, the Seattle Times editorial board—the existence of JumpStart could provide an argument against expanding the levy. “Say no to huge tax increase for housing,” the headline might read. “Time to go back to drawing board on bloated housing levy.”

City Councilmember Teresa Mosqueda, who proposed the JumpStart tax in 2020 and has defended it during two lean budget cycles, said the city “cannot look to JumpStart to supplant what the levy should pay for. [The tax] is intended to be additive to the housing levy base, which must still grow. [Merely] meeting today’s need,” Mosqueda added, would “mean we wouldn’t be planning for and building the housing needed for our growing population and the projected influx of residents in the near future.” Seattle continued to grow during the pandemic, and city planners anticipate our population will swell to 1 million in the next 20 years.

Mosqueda’s colleague, Councilmember Andrew Lewis, argues that the JumpStart tax could  actually help the levy pass, by showing voters that the city has a plan to build enough housing to alleviate Seattle’s affordability crisis.

“For the first time ever, when you look at all these [housing] resources”—including the city’s Multifamily Housing Affordability (MHA) program and the state Housing Trust Fund, among others—“I think we’re pretty well positioned to be the jurisdiction on the West Coast that makes a real systematic impact on homelessness,” Lewis said. “What I would want to really look at is what role does the housing levy fill in the context of all of our funding streams that are going into housing, and how can we use the levy as tool to close gaps?”

“I take the rapid public shift to a stronger levy proposal as a hopeful sign the [Harrell] administration understands this is a legacy issue, and a great issue to embrace and champion.”—Alison Eisinger, Seattle/King County Coalition on Homelessness

Velasco, from OH, notes that while proceeds from the housing levy are basically steady—unless home values decline sharply, it will keep bringing in reliable revenues year after year—the JumpStart tax is more variable: Payroll tax revenues fluctuate based on the number of high-paying jobs in Seattle, and that number will ebb and flow over time as big employers like Amazon shed and gain staff.  “Because of this, we consider the Housing Levy to be foundational to Seattle’s entire affordable housing ecosystem,” Velasco said. OH’s model shows the impact of JumpStart revenues ranging from $1.1 billion (the current 2023 projection) to $557 million (a 50 percent dropoff).

Some advocates have argued that the levy should be even larger, to build in long-term wage stability for housing provider staff, fund ongoing maintenance at buildings that already exist, and create more housing, especially larger, family-sized size units, which make up just 15 percent of the latest levy proposal.

Seattle/King County Coalition on Homelessness director Alison Eisinger said the success of the levy will depend on whether it will “stand the 2030 test. Will we look back in seven years and say: ‘Damned right! This city made the biggest housing difference possible’? … I take the rapid public shift to a stronger levy proposal as a hopeful sign the [Harrell] administration understands this is a legacy issue, and a great issue to embrace and champion.”

Source: Technical Advisory Committee presentation on Seattle Housing Levy

Housing Development Consortium director Patience Malaba—who, like Eisinger, testified in favor of a larger levy at a recent TAC meeting—said the levy still has “room to grow” before OH recommends a final proposal to Mayor Bruce Harrell. “Number one, we should invest in the buildings once we have created them. And number two, we do need to support the people who are working in those buildings” with fair wages, Malaba said. She sees $840 million as “a starting place”—one that should provide the basis for a larger levy that will build more housing and “really push the bounds of what’s possible.”

Historically, Seattle voters have approved the housing levy by increasingly wide margins—56 percent in 2022, 63 percent in 2009, and 70 percent in 2016. But the success of any tax increase depends on whether taxpayers believe the city is investing its tax dollars wisely, and the future campaign against the levy could capitalize on the widespread perception that the region continues to spend more money on homelessness and housing but the crisis isn’t getting better.

Polls, Lewis points out, have consistently showed that voters rank housing insecurity and homelessness among their top concerns—a sign, he said, that “it’s important that we have a plan to actually solve the problem. We have a tendency to get 80 percent there and then hold back a little because we’re worried about overreach. What I would like to do is create a plan and go to the people and say this is the comprehensive plan that the levy [is] a puzzle piece [in] attempting to solve.”

Velasco, from the city’s housing, declined to provide details about the latest iteration of the levy proposal, which the TAC will meet to discuss on December 16. Once OH has finalized its levy plan, it will go to Harrell’s office, and on to the city council, for approval or amendment before it heads to the ballot next year.