Fire protection districts

AN ACT Relating to fire protection districts; and amending RCW 1
52.02.160, 52.02.180, and 84.55.092. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 52.02.160 and 2017 c 328 s 1 are each amended to 4
read as follows: 5
(1) As an alternative to the petition method of formation for 6
fire protection districts provided in this chapter, the legislative 7
authority of a city or town may by resolution, subject to the 8
approval of the voters, establish a fire protection district with 9
boundaries that are the same as the corporate boundaries of the city 10
or town for the provision of fire prevention services, fire 11
suppression services, and emergency medical services, and for the 12
protection of life and property within the city or town.13
(a) Any resolution adopted by a city or town under this section 14
to establish a fire protection district must, at a minimum:15
(i) Contain a financing plan for the fire protection district. As 16
part of the financing plan, the city or town may propose the 17
imposition of revenue sources authorized by this title for fire 18
protection districts, such as property taxes, as provided in chapter 19
52.16 RCW, or benefit charges, as provided in chapter 52.18 RCW; and20
(ii) Set a date for a public hearing on the resolution.21
H-2642.1
HOUSE BILL 2224
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stuebe, Cortes, Parshley, Hall, Ryu, Eslick,
Nance, Goodman, Reeves, Salahuddin, and Timmons
Prefiled 12/31/25. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 HB 2224
(b) The financing plan in the resolution adopted by the city or 1
town must contain the following information regarding property taxes 2
that will be imposed by the fire protection district and city or town 3
subsequent to the formation of the district: 4
(i) The dollar amount the fire protection district will levy in 5
the first year in which the fire protection district imposes any of 6
the regular property taxes in RCW 52.16.130, 52.16.140, or 52.16.160;7
(ii) ((The)) If the fire protection district is formed prior to 8
July 1, 2026, the city's or town's highest lawful levy for the 9
purposes of RCW 84.55.092, reduced by the fire protection district's 10
levy amount from (b)(i) of this subsection. This reduced highest 11
lawful levy becomes the city's or town's highest lawful levy since 12
1986 for subsequent levy limit calculations under chapter 84.55 RCW; 13
and 14
(iii) The estimated aggregate net dollar amount impact on 15
property owners within the city or town based on the ((changes 16
described in (b)(i) and (ii) of this subsection (1))) levy rate 17
including, if the fire protection district is formed prior to July 1, 18
2026, the city's or town's levy reduction described in (b)(ii) of 19
this subsection. 20
(c) If a city or town proposes the initial imposition of a 21
benefit charge as a revenue source for the fire protection district 22
under (a) of this subsection, the resolution adopted by the city or 23
town must comply with the requirements of RCW 52.18.030.24
(d) Notice of public hearing on a resolution adopted by a city or 25
town must be published on a city website or local newspaper for three 26
consecutive weeks ((in a newspaper of general circulation in the city 27
or town)), and must be posted for at least fifteen days prior to the 28
date of the hearing in three public places within the boundaries of 29
the proposed fire protection district. Additional notice of the 30
hearing may be given by mail, or in any manner the city legislative 31
authorities deem necessary to notify affected persons. All notices 32
must contain the time, date, and place of the public hearing.33
(2)(a) A resolution adopted under this section is not effective 34
unless approved by the voters of the city or town at a general 35
election. The resolution must be approved: 36
(i) By a simple majority of the voters of the city or town; or37
(ii) If the resolution proposes the initial imposition of a 38
benefit charge, by sixty percent of the voters of the city or town.39
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(b) An election to approve or reject a resolution forming a fire 1
protection district, including the proposed financial plan and any 2
imposition of revenue sources for the fire protection district, must 3
be conducted by the election officials of the county or counties in 4
which the proposed district is located in accordance with the general 5
election laws of the state. If a resolution forming a fire protection 6
district provides that the fire protection district will be governed 7
by a board of independently elected fire commissioners, as permitted 8
under RCW 52.14.140, then the initial independently elected fire 9
commissioners must be elected at the same election where the 10
resolution is submitted to the voters authorizing the creation of the 11
fire protection district. The election must be held at the next 12
general election date, according to RCW 29A.04.321 and 29A.04.330, 13
occurring after the date of the public hearing on the resolution 14
adopted by the city or town legislative authority. The ballot title 15
must include the information regarding property taxes that is 16
required to be in the financing plan of the resolution under 17
subsection (1)(b) of this section. 18
(c) If a ballot proposition on the resolution is approved by 19
voters, as provided in (a) of this subsection, the county legislative 20
authority shall by resolution declare the fire protection district 21
organized under the name designated in the ballot proposition.22
(d) Nothing contained in this chapter may be construed to alter a 23
municipal airport fire department or affect any powers authorized 24
under RCW 14.08.120(((2))). If a question arises as to whether this 25
chapter modifies the affairs of municipal airports in any way, the 26
answer is no. 27
(3) ((A)) For any fire protection district formed under this 28
section prior to July 1, 2026, a city or town must reduce its general 29
fund regular property tax levy by the total combined levy of the fire 30
protection district as proposed by the district in accordance with 31
subsection (1)(b)(i) of this section. The reduced levy amount of the 32
city or town must occur in the first year in which the fire 33
protection district imposes any of the property taxes in RCW 34
52.16.130, 52.16.140, or 52.16.160 and must be specified in the 35
financing plan and ballot proposition as provided in this section. If 36
the fire protection district does not impose all three levies under 37
RCW 52.16.130, 52.16.140, and 52.16.160 when it begins operations, 38
the city must further reduce its general fund regular property tax 39
levy if the district initially imposes any of the levies in 40
p. 3 HB 2224
subsequent years, by the amount of such levy or levies initially 1
imposed in a subsequent year. 2
Sec. 2. RCW 52.02.180 and 2017 c 328 s 5 are each amended to 3
read as follows: 4
(1) Except as provided otherwise in the resolution adopted by the 5
legislative authority of a city or town establishing a fire 6
protection district under RCW 52.02.160, all powers, duties, and 7
functions of the city or town fire department pertaining to fire 8
protection and emergency services of the city or town are transferred 9
to the fire protection district on its creation date.10
(2)(a) The city or town fire department must transfer or deliver 11
to the fire protection district: 12
(i) All reports, documents, surveys, books, records, files, 13
papers, or written material in the possession of the city or town 14
fire department pertaining to fire protection and emergency services 15
powers, functions, and duties; 16
(ii) All real property and personal property including cabinets, 17
furniture, office equipment, motor vehicles, and other tangible 18
property employed by the city or town fire department in carrying out 19
the fire protection and emergency services powers, functions, and 20
duties; and 21
(iii) All funds, credits, or other assets held by the city or 22
town fire department in connection with fire protection and emergency 23
services powers, functions, and duties. 24
(b) Any appropriations made to the city or town fire department 25
for carrying out the fire protection and emergency services powers, 26
functions, and duties of the city or town must be transferred and 27
credited to the fire protection district. 28
(c) Whenever any question arises as to the transfer of any 29
personnel, funds, books, documents, records, papers, files, 30
equipment, or other tangible property used or held in the exercise of 31
the powers and the performance of the duties and functions 32
transferred to the fire protection district, the legislative 33
authority of the city or town must make a determination as to the 34
proper allocation. 35
(3) All rules and all pending business before the city or town 36
fire department pertaining to the fire protection and emergency 37
services powers, functions, and duties transferred must be continued 38
and acted upon by the fire protection district, and all existing 39
p. 4 HB 2224
contracts and obligations remain in full force and must be performed 1
by the fire protection district. 2
(4) The transfer of powers, duties, functions, and personnel of 3
the city or town fire department do not affect the validity of any 4
act performed before creation of the fire protection district.5
(5) If apportionments of budgeted funds are required because of 6
the transfers, the treasurer for the city or town fire department 7
must certify the apportionments. 8
(6)(a) Subject to (c) of this subsection, all employees of the 9
city or town fire department are transferred to the fire protection 10
district on its creation date. Upon transfer, unless an agreement for 11
different terms of transfer is reached between the collective 12
bargaining representatives of the transferring employees and the fire 13
protection district, an employee is entitled to the employee rights, 14
benefits, and privileges to which he or she would have been entitled 15
as an employee of the city or town fire department, including rights 16
to: 17
(i) Compensation at least equal to the level at the time of 18
transfer; 19
(ii) Retirement, vacation, sick leave, and any other accrued 20
benefit; 21
(iii) Promotion and service time accrual; and 22
(iv) The length or terms of probationary periods, including no 23
requirement for an additional probationary period if one had been 24
completed before the transfer date. 25
(b) If a city or town provides for civil service in its fire 26
department, the collective bargaining representatives of the 27
transferring employees and the fire protection district must 28
negotiate regarding the establishment of a civil service system 29
within the fire protection district. 30
(c) Nothing contained in this section may be construed to alter 31
any existing collective bargaining unit or the provisions of any 32
existing collective bargaining agreement until the agreement has 33
expired or until the bargaining unit has been modified as provided by 34
law. 35
(7) The municipal fire protection authority may contract with the 36
city or town for services including but not limited to administrative 37
services such as information technology, financial, and human 38
resources functions.39
p. 5 HB 2224
Sec. 3. RCW 84.55.092 and 2017 3rd sp.s. c 13 s 309 are each 1
amended to read as follows: 2
(1) The regular property tax levy for each taxing district other 3
than the state's levies may be set at the amount which would be 4
allowed otherwise under this chapter if the regular property tax levy 5
for the district for taxes due in prior years beginning with 1986 had 6
been set at the full amount allowed under this chapter including any 7
levy authorized under RCW 52.16.160 or 52.26.140(1)(c) that would 8
have been imposed but for the limitation in RCW 52.18.065 or 9
52.26.240, applicable upon imposition of the benefit charge under 10
chapter 52.18 or 52.26 RCW. 11
(2) The purpose of subsection (1) of this section is to remove 12
the incentive for a taxing district to maintain its tax levy at the 13
maximum level permitted under this chapter, and to protect the future 14
levy capacity of a taxing district that reduces its tax levy below 15
the level that it otherwise could impose under this chapter, by 16
removing the adverse consequences to future levy capacities resulting 17
from such levy reductions. 18
(((3) Subsection (1) of this section does not apply to any 19
portion of a city or town's regular property tax levy that has been 20
reduced as part of the formation of a fire protection district under 21
RCW 52.02.160.))22
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