H-1967

AN ACT Relating to growth strategies; amending RCW 36.70A.010, 36.70A.030, 36.70A.020, 36.70A.040, 36.70A.070, 36.70A.080, 36.70A.110, 36.70A.130, 82.02.050, 19.27.095, 58.17.033, 58.17.170, 36.70A.190, 36.93.170, 36.93.180, 43.155.070, and 70.146.070; adding a new section to chapter 35.02 RCW; adding a new section to chapter 36.93 RCW; adding new sections to chapter 36.70A RCW; adding a new section to chapter 43.01 RCW; adding new sections to chapter 35.13 RCW; adding new sections to chapter 35A.14 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 36.70A.010 and 1990 1st ex.s. c 17 s 1 are each amended to read as follows:

LEGISLATIVE FINDINGS. The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. The legislature further finds that the lack of common goals and the absence of effective methods and procedures to plan for environmentally sound land use to accommodate new economic and population growth at the local and regional level have contributed to severe problems and conflicts. These have affected land use, transportation, water quality and availability, air quality, the health of sensitive lands, the maintenance of agricultural and forest lands, the cost of housing, and economic vitality of local communities and regions in the state. It is in the public interest that citizens, communities, regions, state government, local governments, tribal governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. A new system of land use planning and governance is needed to provide for the growth and continued vitality of the state's diverse communities and regions. It must be built upon and promote local accountability and initiative and the active involvement of citizens. It must also provide effective protection for the state's environmental heritage, conservation of its natural beauty, maintenance of its forest and agricultural lands in a productive and sustainable fashion, and the protection of its critical areas and limited water resources. The legislature further finds that the new system of land use planning must reflect and further the following values:

(1) Land use planning should respect local decision making -- land use planning and growth management should be based on activity in local communities, managed with attention to detail, where diverse citizen concerns can be effectively addressed. Planning should provide greater predictability in the development process by effectively resolving land use disputes earlier in the process.

(2) State government should provide a framework for local planning and environmental and natural resource protection -- state action should support local land use planning and conservation activities. The state should provide guidance and assistance for local planning, assurance of effective local action, and a means for resolving disputes concerning land use planning, development, and the maintenance and protection of critical areas, natural resource lands, and open space. State government should act consistently with counties and cities, following common rules governing planning, land use, environmental protection, and natural resource conservation.

(3) Elected officials should be accountable for planning decisions -- land use planning decisions have long-term and complex impacts and affect numerous citizens and communities. Therefore, accountability for such decisions should rest with officials elected by and accountable to the public to the maximum extent feasible.

(4) Land use planning disputes should be resolved, when possible, using methods that recognize the value of the positions and needs of all parties to the dispute, resolving disputes through the judicial system only when such methods are not successful.

(5) Necessary regional and state public facilities should be located in a way that the burden of meeting public needs is shared fairly by the communities in a region, and primary responsibility for locating needed facilities should rest with the publicly accountable officials in local regions.

(6) Encouraging strong economies in the state's diverse regions ‑‑ the state has a continuing interest in furthering sustainable regional economic growth and vitality. Rapid economic growth has resulted in severe land use and environmental problems in fast-growing regions of the state. The long-term interest of the state's citizens is served best when all of the state's regions have vital economies. A vital regional economy is one which is diverse, competitive in global terms, economically and environmentally sustainable, offers opportunities for new enterprise, and provides ample family-wage employment for its citizens. The state should be an active participant in encouraging economic vitality in the state's regions, in partnership with counties, cities, citizens, and the private sector. Effective action to encourage economic development should include regional economic development planning, adequate infrastructure, and local and state action to increase the economic capacity of the state's regions. Further, the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth.

It is the intent of the legislature to address growth management and planning issues from state, regional, and local perspectives, to establish certain requirements on a state-wide basis, to permit such requirements to be met by counties and cities with maximum local flexibility, to require consistency in the planning of adjacent jurisdictions, to encourage cooperative planning between adjacent jurisdictions, and between adjacent jurisdictions and tribal governments, to provide adequate time to conform with such requirements, to prevent new development which is inconsistent with these requirements from taking place during the interim, and to provide resources to support such efforts in the form of both financial and technical assistance. It is the intent of the legislature to establish a process and system of planning and growth management emphasizing a shared responsibility between the state and counties and cities and including a fair and open process that allows counties and cities broad flexibility to meet the goals and requirements contained in this chapter in a manner best adapted to their local circumstances and diversity. It is not the intent of the legislature to establish a single comprehensive plan applicable without variation throughout the state. Instead, counties and cities are given broad flexibility to tailor a custom fit in their comprehensive plans to meet the goals and requirements contained in this chapter.

Sec. 2. RCW 36.70A.030 and 1990 1st ex.s. c 17 s 3 are each amended to read as follows:

DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Adjacent jurisdictions" include counties and cities that are located in the near vicinity with each other, and a county and the cities located within the county.

(2) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

((~~(2)~~)) (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.

((~~(3)~~)) (4) "Board" means the growth management board established to review plans and regulations established under this chapter.

(5) "City" means any city or town, including a code city.

((~~(4)~~)) (6) "Committee" means the interagency committee for outdoor recreation established under chapter 43.99 RCW.

(7) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

((~~(5)~~)) (8) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) critical fish and wildlife habitat ((~~conservation areas~~)); (d) frequently flooded areas; and (e) geologically hazardous areas.

((~~(6)~~)) (9) "Department" means the department of community development.

((~~(7)~~)) (10) "Development regulations" means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

((~~(8)~~)) (11) "Forest land" means land primarily useful for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing trees commercially.

((~~(9)~~)) (12) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

((~~(10)~~)) (13) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

((~~(11)~~)) (14) "Mineral((s)) resource lands" include those lands identified and devoted to the long-term commercial extraction of gravel, sand, rock, and valuable metallic substances.

(15) "Natural resource lands" means agricultural lands, forest lands, and mineral resource lands.

(16) "New fully contained community" means a comprehensive development providing for a mixture of land uses which includes the following: (a) A mix of jobs, housing, and public facilities needed for a self-contained community; (b) preservation of open spaces within and around the community; (c) an internal and external transportation system supportive of pedestrian access and public transit; (d) the new infrastructure needed to serve the proposed community; and (e) the mitigation of off-site impacts.

(17) "Open space lands" include land areas, the protection of which would: (a) Conserve and enhance scenic, or viewshed resources; (b) provide scenic amenities and community identity within and between areas of urban development; (c) protect physical and/or visual buffers within and between areas of urban and rural development, or along transportation corridors; (d) protect lakes, rivers, streams, watersheds, or water supply; (e) promote conservation of critical areas, natural resource lands, soils, geologically hazardous areas, or tidal marshes, beaches, or other shoreline areas; (f) enhance the value to the public of abutting or neighboring parks, forests, wildlife habitat, trails, or other open space; (g) enhance visual enjoyment and recreation opportunities, including public access to shoreline areas; (h) protect natural areas and environmental features with significant educational, scientific, wildlife habitat, historic, or scenic value; or (i) retain in its natural state tracts of land not less than five acres situated in an urban environment.

((~~(12)~~)) (18) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

((~~(13)~~)) (19) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(20) "Public utilities" means the facilities of a public service company, as that term is defined in RCW 80.04.010, and the facilities of a municipal corporation, mutual association, or cooperative that are used to provide the same kind of services as provided by a public service company.

(21) "Region" means one or more counties and the cities within the county or counties, including, as a local option, multicounty regions.

(22) "Special district" means every municipal and quasi-municipal corporation other than a county or city. Special districts shall include, but are not limited to: Water districts, sewer districts, public transportation benefit areas, fire protection districts, port districts, library districts, school districts, public utility districts, county park and recreation service areas, flood control zone districts, irrigation districts, diking districts, and drainage improvement districts.

(23) "State agencies" means all departments, boards, commissions, institutions of higher education, and offices of state government, except those in the legislative or judicial branches, except to the extent otherwise required by law.

((~~(14)~~)) (24) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

((~~(15)~~)) (25) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

((~~(16)~~)) (26) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

((~~(17)~~)) (27) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city.

PART I

PLANNING GOALS

Sec. 3. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

PLANNING GOALS. The plans, regulations, and actions, including expenditures of state-appropriated funds, of state agencies, counties, and cities that are required or choose to plan under this chapter, and special districts located in counties that are required or choose to plan under this chapter shall conform to and support the following goals ((are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals)) which are not listed in order of priority ((~~and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations~~)):

(1) Urban growth areas. ((~~Encourage~~)) Urban development shall occur in urban growth areas where adequate public facilities and services exist or can be provided in an efficient manner.

Urban growth areas should be compact, have concentrated employment centers, and provide opportunities for people to live in a variety of housing types close to where they work. Plans should ensure an adequate supply of land for projected jobs considering the nature and diversity of economic activity and for a variety of housing types. Development densities should be sufficient to: (a) Protect open space, natural features and parks, natural resource lands and critical areas inside and outside of urban growth areas; (b) promote affordable housing; and (c) promote public transit. Large land areas characterized by significant natural limitations such as steep slopes, seismic hazard areas, flood plains, and wetlands should not be designated for urban growth even if located within an urban growth area.

New development should be designed to respect the planned and existing character of neighborhoods. Open spaces and natural features should be preserved within urban areas.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. ((~~Encourage~~)) Develop efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. Provide alternatives to single-occupant automobile travel in congested urban areas. Housing should be of sufficient density and employment centers should be concentrated to enable greater efficiency and permit affordable public transit service.

(4) Housing. Encourage ((~~the availability of~~)) and participate in making available affordable housing ((to)) for all economic segments of the population of this state, promote a variety of residential densities and housing types, ((~~and~~)) encourage preservation of existing housing stock, promote the state and federal fair housing goals, and provide for a fair share of housing needs.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, build a network of strong regional economies, identify and focus assistance on priority economic development areas where there is a need for growth and where there is the realistic capacity and broad local support for such growth, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Secondary land uses on natural resource lands shall be permitted that are related to and are designed to support the primary use of such lands for commercial agricultural, forest, or mineral resource purposes. Limited secondary land uses on natural resource lands may be permitted due to unique location factors of the natural resource lands, such as locating radio transmission towers. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. ((~~Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.~~)) Protect open space and where possible link open space into regional and state-wide networks. Permanent open space networks should separate neighboring cities, where possible, and define distinct urban growth areas to prevent their merging into large continuous urban areas. Open space should be used to: Protect fish and wildlife habitat; protect environmentally sensitive land and water areas; provide park and outdoor recreational opportunities; protect scenic areas and viewsheds; accommodate nonmotorized recreational corridors and trails; and protect views and vistas within and around cities.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. ((~~Encourage~~)) Ensure the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Financial support of public institutions. Ensure that state trust lands can be managed for the financial support of public institutions in accordance with federal law and state law constitutional and statutory requirements. Protect state trust lands from arbitrary or discriminatory land use actions.

(13) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. Ensure the siting of regional and state public facilities, so that each county and city accepts its fair share of public facilities and no community is overburdened by an undue concentration of these facilities.

((~~(13)~~)) (14) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

(15) Water resources. Land use planning and permit decisions that will both protect water and create demand for water must be compatible with water resource plans. New growth must be related to water availability. New growth using water for domestic or industrial purposes should be located in the vicinity of where sufficient water resources exist without transporting water significant distances. Each county and its cities must integrate water resource planning for consumptive and nonconsumptive uses into its land use plan. Water is key for fish, wildlife, domestic use, industrial use, power, agriculture, aesthetics, and recreation.

(16) Public utilities. Provide for adequate public utilities by assuring that land will be available for the location of public utilities, including location within transportation corridors, so that efficient, reliable, and cost-effective utility service can be provided.

PART II

LOCAL PLANNING

Sec. 4. RCW 36.70A.040 and 1990 1st ex.s. c 17 s 4 are each amended to read as follows:

WHO MUST PLAN. (1) ((~~Each county that~~)) The following counties, and the cities located in whole or in part within such counties, shall adopt comprehensive land use plans and development regulations in accordance with this chapter: (a) The county has a population of one hundred thousand or more; (b) the county has both a population of fifty thousand or more and has had its population increase by more than ten percent in the previous ten years((~~, and the cities located within such county,~~)); and (c) any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years((, and the cities located within such county, shall adopt comprehensive land use plans and development regulations under this chapter. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990)). Once a county meets ((~~either~~)) one of these criteria, the requirement to conform with RCW 36.70A.040 through 36.70A.160 remains in effect, even if the county no longer meets one of these criteria.

(2) The county legislative authority of any county that does not meet the requirements of subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to the county. Each city, located in whole or in part within a county that chooses to plan under this subsection, shall adopt a comprehensive land use plan in accordance with this chapter. Once such a resolution has been adopted, the county cannot remove itself from the requirements of this chapter.

(3) Any county or city that is required to adopt a comprehensive land use plan under subsection (1) of this section shall adopt the plan on or before July 1, 1993. Any county or city that is required to adopt a comprehensive land use plan as a result of the actions taken under subsection (2) of this section shall adopt ((~~the~~)): (a) Development regulations under RCW 36.70A.060 within one year from the date the county legislative authority adopts the resolution under subsection (2) of this section; (b) its comprehensive plan not later than three years from the date the county legislative body takes action as required by subsection (2) of this section; and (c) development regulations implementing the comprehensive plan within one year of the date its comprehensive plan is adopted.

(4) If after January 1, 1991, the office of financial management certifies that ((the population of a county has changed sufficiently to meet the requirements of subsection (1) of this section, and the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section)) a county, that previously had not been required to plan under this chapter as specified under subsection (1) or (2) of this section, meets the requirements of subsection (1) of this section to become required to plan under this chapter, the county and each city within such county shall adopt: (a) Development regulations under RCW 36.70A.060 within one year of the certification by the office of financial management; (b) a comprehensive land use plan under this chapter within three years of the certification by the office of financial management; and (c) development regulations pursuant to this chapter within one year of having adopted its comprehensive land use plan.

Sec. 5. RCW 36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:

COMPREHENSIVE PLANS--MANDATORY ELEMENTS. The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

Each comprehensive plan shall include a plan, scheme, or design for each of the following:

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses. The land use element shall provide for sufficient developable land and densities for a range of housing types. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall include designation of natural resource lands and critical areas as provided in RCW 36.70A.060. Each county shall include urban growth areas as established in RCW 36.70A.110 in its comprehensive land use plan. The land use element shall provide for protection of the quality and quantity of ground water and surface bodies of water used for public water supplies and shall recognize that water availability and quality are key factors in determining the extent, location, distribution, and intensity of land uses. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(2) A housing element recognizing the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing and for meeting fair share housing obligations within the county and/or jurisdictions; (c) identifies sufficient land and densities for housing; (d) identifies the existing and projected fair share accommodation of low-income moderate-income housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; ((~~and (d)~~)) (e) makes adequate provisions for existing and projected needs of all economic segments of the community; (f) promotes affordable housing; and (g) minimizes the displacement of residents from housing.

(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

(5) Counties shall include a rural element including lands that

are not designated for urban growth, agriculture, forest, or mineral resources. The rural element shall permit land uses that are compatible with the rural character of such lands and provide for a variety of rural densities and do not foster urban growth.

(6) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:

(a) Land use assumptions used in estimating travel;

(b) Facilities and services needs, including:

(i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;

(ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

(iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

(iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

(v) Identification of system expansion needs and transportation system management needs to meet current and future demands;

(i) An analysis of funding capability to judge needs against probable funding resources;

(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

(e) Demand-management strategies.

After adoption of the comprehensive plan by ((~~jurisdictions~~)) counties and cities required to plan or who choose to plan under RCW 36.70A.040, ((~~local jurisdictions~~)) such counties and cities must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

(7) An environmental management element that minimizes development and growth impacts on the environment and enhances the quality of air, water, and land resources.

(8) An open space and outdoor recreation element that provides for local and regional parks, outdoor recreation facilities, trails, resource conservation, natural vistas, and open space.

(9) A fair share element for siting state and regional public facilities for: (a) Holding or housing persons who have been arrested or convicted of crimes; and (b) the reduction, recycling, or disposal of solid waste.

(10) An historic sites and buildings element that includes but is not limited to, sites listed in or eligible for the Washington state register of historic places, the national register of historic places, or for designation under a local historic preservation ordinance.

Sec. 6. RCW 36.70A.080 and 1990 1st ex.s. c 17 s 8 are each amended to read as follows:

COMPREHENSIVE PLANS--OPTIONAL ELEMENTS. (1) A comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to:

(a) Conservation;

(b) Solar energy; ((~~and~~))

(d) Cultural resources;

(e) A design element enabling communities to harmoniously fit new development with planned or existing community character and vision; and

(f) Economic development.

(2) A comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan.

Sec. 7. RCW 36.70A.110 and 1990 1st ex.s. c 17 s 11 are each amended to read as follows:

COMPREHENSIVE PLANS--URBAN GROWTH AREAS. (1) Each county that is required or chooses to ((~~adopt a comprehensive land use~~)) plan under ((~~RCW 36.70A.040~~)) this chapter shall designate an urban growth area or areas in its comprehensive plan within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth ((or)), is adjacent to territory already characterized by urban growth, or meets the conditions for establishing new fully contained communities under section 8 of this act.

(2) Based upon the population forecast made for the county by the office of financial management, the urban growth areas in the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding ((~~twenty-year~~)) ten-year period. Additionally, the county shall include a second-tier area to accommodate urban growth that is projected to occur in the county for a twenty-year period. The ten-year tier must be developed substantially before suburban or urban development is permitted beyond the ten-year tier. The ten-year and twenty-year urban growth area tiers in a county shall be established in such a manner as to not permit a significantly greater extent of urban growth than is projected to occur in the county within those time periods. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. Within one year of July 1, 1990, each county required to designate urban growth areas shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. The county and cities located within the county shall attempt to reach agreement ((~~with each city~~)) on the location of ((an)) urban growth areas ((~~within which the city is located~~)) within the county. If such an agreement is not reached ((~~with each city located within the urban growth area~~)), the county shall justify in writing why it so designated the area or areas an urban growth area or urban growth areas. A city may object formally ((~~with~~)) to the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

(3) Urban growth should be located first in areas already characterized by urban growth that have existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources. Further, it is appropriate that urban government services be provided by cities, and urban government services should not be provided in rural areas.

(4) Areas for potential annexation or potential incorporation shall be designated in portions of urban growth areas outside of cities. These areas shall relate the potential annexation or incorporation areas with local development patterns, address density, and identify the needed service providers without proliferating special purpose districts, and may include possible sequences or timing for the potential annexations or incorporations.

(5) Open space and lands with significant natural limitations shall be excluded in computing urban area density.

(6) At its option, a county may refer to any or all of the urban growth areas that it establishes as urban service areas.

NEW SECTION. Sec. 8. NEW FULLY CONTAINED COMMUNITIES. A county required or choosing to plan pursuant to the provisions of RCW 36.70A.040 may establish a process for reviewing proposals for new fully contained communities within either the ten-year or twenty-year tiers of its urban growth areas. A new fully contained community may be permitted by a county when the new community is included in either the ten-year or twenty-year portion of the urban growth area described in its comprehensive plan prepared pursuant to RCW 36.70A.040 and is consistent with the requirements of this chapter. However, a new fully contained community may be approved only if the following criteria are met:

(1) New infrastructure and off-site impact are fully considered and provision is made for such infrastructure consistent with the requirements of this chapter and RCW 82.02.050;

(2) Transit-oriented site planning and traffic demand management efforts are implemented;

(3) Buffers are provided between the new community and adjacent urban development;

(4) Provisions are made for a balance of jobs and housing;

(5) Sufficient affordable housing is provided within the new community;

(6) Environmental protections have been adequately addressed and provided for;

(7) Sufficient protection is provided to ensure the new community is self-contained and will not stimulate or accelerate urban growth in adjacent nonurban areas;

(8) Provision is made to minimize impacts on designated natural resource lands; and

(9) The plan for the new community is consistent with the development regulations established for the protection for critical areas by the county pursuant to RCW 36.70A.170.

Sec. 9. RCW 36.70A.130 and 1990 1st ex.s. c 17 s 13 are each amended to read as follows:

(1) Each comprehensive land use plan and development regulations shall be subject to continuing evaluation and review by the county or city that adopted them.

Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.

(2) Each county and city shall establish procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. All proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists.

(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area, but may make such reviews more frequently than once every ten years. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.

NEW SECTION. Sec. 10. RECREATIONAL FACILITIES. Counties that are required or choose to plan under this chapter may permit recreational development outside of urban growth areas, including overnight accommodations and related visitor accommodations associated with recreational activities, that does not involve the subdivision or short subdivision of land and which is under single, contiguous, private or public ownership, if the county: (1) Specifically identifies and limits such uses in its comprehensive plan; (2) includes a finding that such land is better suited for and has more long-term importance for such particular recreational uses than for the commercial growing of trees, if such lands otherwise would be designated as forest land; (3) is not located on agricultural lands; (4) includes a finding that such use does not adversely affect critical areas; and (5) does not permit other urban or suburban land uses that are not associated directly with the recreational development.

NEW SECTION. Sec. 11. EXTENSION OF TIME TO DESIGNATE AND PROTECT NATURAL RESOURCE LANDS AND CRITICAL AREAS. The department may extend the date by which a county or city is required to designate natural resource lands and critical areas under RCW 36.70A.170, or the date by which a county or city is required to protect natural resource lands and critical areas under RCW 36.70A.060, if the county or city demonstrates that it is proceeding in an orderly fashion, and is making a good faith effort, to meet these requirements. An extension may be for up to an additional one hundred eighty days. The length of an extension shall be based upon the difficulty of the effort to conform with these requirements.

NEW SECTION. Sec. 12. PLANS AND REGULATIONS--SPECIAL DISTRICTS MUST CONFORM. (1) All special districts shall perform all of their activities which affect land use in conformity with the state policy goals contained in RCW 36.70A.020, and the land use plans and zoning ordinances of the county or city having jurisdiction in the area where the activities occur.

(2) Not later than one and one-half years after the adoption of development regulations by a county or city pursuant to RCW 36.70A.120, each special district that provides one or more of the public facilities or public services listed in this subsection, and is located within such a county or city, shall adopt or amend a capital facilities plan for its facilities that is consistent with the comprehensive plan and development regulations and indicates the existing and projected capital facilities that are necessary to serve the projected growth for the area that is served by the special district. These public facilities or public services are: (a) Sanitary sewers; (b) potable water facilities; (c) park and recreation facilities; (d) fire suppression; (e) emergency medical services; (f) libraries; (g) hospitals; (h) schools; and (i) transportation facilities or services, including public transit.

Sec. 13. RCW 82.02.050 and 1990 1st ex.s. c 17 s 43 are each amended to read as follows:

IMPACT FEES--INTENT. (1) It is the intent of the legislature:

(a) To ensure that adequate facilities are available to serve new growth and development;

(b) To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and

(c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact.

(2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees.

(3) The impact fees:

(a) Shall only be imposed for system improvements that are reasonably related to the new development;

(b) Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and

(4) Impact fees may be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities plan element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070 or the provisions for comprehensive plan adoption contained in chapter 36.70, 35.63, or 35A.63 RCW or in the inherent authority of a charter county or charter city derived from its charter. After July 1, 1993, continued authorization to collect and expend impact fees shall be contingent on the county, city, or town adopting or revising a comprehensive plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying:

(a) Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;

(b) Additional demands placed on existing public facilities by new development; and

If the capital facilities plan of the county, city, or town is complete other than for the inclusion of those elements which are the responsibility of a special district, the county, city, or town may impose impact fees to address those public facility needs for which the county, city, or town is responsible.

NEW SECTION. Sec. 14. A new section is added to chapter 35.02 RCW to read as follows:

NO INCORPORATION BEYOND URBAN GROWTH BOUNDARIES. In a county in which urban growth areas have been designated under RCW 36.70A.110, no city may be incorporated beyond an urban growth area boundary.

NEW SECTION. Sec. 15. REGIONAL PLANS AND AGREEMENTS. It is recognized that counties are the regional governments within their boundaries and cities are the primary providers of urban services within urban growth areas.

The officials of each county are encouraged to meet regularly with officials of cities and special districts, and other counties, to seek agreements on common activities and plans. The officials of counties and cities are encouraged to meet regularly while preparing their comprehensive plans under this chapter to achieve coordination between their plans.

When reviewing the extent to which comprehensive plans meet the coordination requirement contained in RCW 36.70A.100, the growth management board shall afford substantial weight to the content of regional plans and agreements that have been agreed to by: (1) A county and a substantial number of cities within the county; (2) a county and the city or cities with a substantial portion of the city population within the county; or (3) two or more counties and a substantial number of cities, or the city or cities with a substantial portion of the city population, within each of the counties.

It is most appropriate that regional plans be agreed to relating to major directions and policies for fair share siting of public facilities described under RCW 36.70A.070(9), economic development, and open space and greenbelt areas.

NEW SECTION. Sec. 16. VESTING DOCTRINE. The following rule is adopted for the vesting of rights in counties and cities that plan under this chapter: A right shall vest upon the issuance of a valid permit or preliminary plat approval. This rule shall cease to be effective on the effective date of the final ordinance containing development regulations adopted under RCW 36.70A.120, that implement in whole the comprehensive plan adopted under this chapter within the entire planning jurisdiction of each county and city that plan under this chapter.

Sec. 17. RCW 19.27.095 and 1987 c 104 s 1 are each amended to read as follows:

BUILDING PERMIT APPLICATION‑-CONSIDERATION‑-REQUIREMENTS DEFINED BY LOCAL ORDINANCE. (1) Except as provided in section 16 of this act, a valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application.

(2) The requirements for a fully completed application shall be defined by local ordinance.

(3) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.

Sec. 18. RCW 58.17.033 and 1987 c 104 s 2 are each amended to read as follows:

PROPOSED DIVISION OF LAND‑-REQUIREMENTS DEFINED BY LOCAL ORDINANCE. (1) Except as provided in section 16 of this act, a proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official.

(2) The requirements for a fully completed application shall be defined by local ordinance.

(3) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.

Sec. 19. RCW 58.17.170 and 1981 c 293 s 10 are each amended to read as follows:

When the legislative body of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing, but during this five-year period are subject to any changed conditions on the valid land use contained in the current zoning or other land use control ordinances as long as the valid land use remains possible. These conditions include, but are not limited to, setback requirements and height limitations. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

PART III

STATE ROLE

NEW SECTION. Sec. 20. LIMITATIONS ON STATE RULE MAKING. In addition to the requirement for adopting guidelines to assist the designation of natural resource lands and critical areas, as specified under RCW 36.70A.050, the department shall adopt advisory guidelines, advisory model elements, and benchmarks to assist and provide guidance for counties and cities to adopt creative and locally appropriate comprehensive plans and development regulations meeting the goals and requirements of this chapter. The advisory guidelines shall reflect regional and local variations and the diversity that exist among the different counties and cities that plan under this chapter. The advisory model elements shall include options reflecting the regional and local variations and diversity that exist among the different counties and cities that plan under this chapter. The advisory model elements shall contain those items that, if included in a county's or city's comprehensive plan and development regulations, would meet the goals and requirements of this chapter.

The department shall obtain input from counties, cities, and citizens throughout the state to assist in its development of these model elements and benchmarks.

NEW SECTION. Sec. 21. COMPREHENSIVE PLANS--DEVELOPMENT REGULATIONS--REVIEW AND COMMENT. (1) Each county and city preparing a comprehensive plan and/or development regulations, or amendments thereto, under this chapter shall submit its final draft plan and development regulations, or amendments, to the department before adoption. In addition, the county or city shall submit a copy of those documents to adjacent jurisdictions.

(2) Counties must submit the regional plans under section 15 of this act to the department for preadoption review.

(3) The department shall review plans and development regulations, or amendments, for compliance with the goals and requirements of this chapter. The department shall compile its comments and forward the comments to the county or city within sixty days of receiving the draft plan and regulations, or amendments, or the department may be presumed to agree with the plan and regulations, or amendments, as submitted. This presumption of agreement shall not apply to changes in the proposed comprehensive plans or development regulations, or amendments, made after submission under this section.

(4) In addition to the comments provided under this section, counties and cities are encouraged to seek comments from the department, other state agencies, and adjacent jurisdictions on proposed comprehensive plans and development regulations, and any amendments proposed after initial adoption, throughout their development. This consultation should supplement the public involvement opportunities under RCW 36.70A.140.

NEW SECTION. Sec. 22. FILING OF PLANS AND DEVELOPMENT REGULATIONS--AMENDMENTS. (1) Each county and city planning under this chapter shall send a complete and accurate copy of its comprehensive plan and/or development regulations, or amendment thereof, to the department within thirty working days after final adoption. The period for filing requests for review of comprehensive plans or development regulations with the board shall start once the department has received a complete submission of all required materials.

(2) Any amendments that are adopted by a county or city to its adopted plan or regulations shall be submitted for comment and filed with the department after adoption in the same manner as for initial plans and regulations under this section.

NEW SECTION. Sec. 23. LIMITATIONS ON APPEAL BY THE STATE. (1) An appeal by the state to the growth management board may be made only by the governor, or by the commissioner of public lands only as relating to state trust lands, for the growth management review board's review of whether: (a) A county or city that is required or chooses to plan under this chapter has failed to adopt the comprehensive plans or development regulations that are required by this chapter; (b) a county or city that is required or chooses to plan under this chapter has adopted comprehensive plans or development regulations that do not conform with the goals and requirements of this chapter, as limited in subsection (2) of this section; or (c) where comprehensive plans and development regulations have been adopted conforming with the goals and requirements of this chapter, a substantial pattern of abuse exists by the county or city issuing permits not conforming with its comprehensive plans and development regulations. The department shall make recommendations to the governor on such appeals and the department of transportation shall make recommendations on such appeals relating to transportation matters.

An appeal by the governor or commissioner of public lands shall be in writing and shall detail the alleged violation and include a finding that the violation is of such significance as to warrant review by the growth management board.

(2) An appeal by the governor or the commissioner of public lands, relating to whether comprehensive plans or development regulations conform with the goals and requirements of this chapter, must be filed with the growth management board within ninety days of submittal of the plans or development regulations, or amendments to the plans or development regulations, to the department and is limited to allegations that the comprehensive plans or development regulations:

(a) Do not prevent low density sprawl by failing to provide: (i) Concentrated employment centers and sufficient residential densities to facilitate public transit; (ii) an adequate balance of housing and job opportunities; or (iii) restrictions precluding suburban or urban development beyond the ten-year tier, until the ten-year tier has been developed substantially;

(b) Do not permit a mix of housing types providing for the fair share distribution of housing opportunities for persons of low and moderate income within the urban growth areas;

(d) Do not prevent the substantial loss of critical areas;

(e) Do not reduce the impact of flooding by protecting storm water and drainage systems or natural systems that lessen surface water runoff, including wetland areas;

(f) Do not include a capital facilities plan element or transportation element that is coordinated or consistent with the land use element or do not include a feasible plan to adequately finance the capital facilities plan element or transportation element;

(g) Do not preclude patterns of development that increase air and water pollution beyond state or federal standards;

(h) Do not relieve traffic congestion by failing to: (i) Implement demand management strategies; (ii) protect and coordinate existing and future rights of way and corridors for public transit and carpools; or (iii) implement regional transportation plans;

(i) Do not include adequate open space or greenbelt areas;

(j) Were prepared without adequate public participation; or

(k) Were arbitrary or discriminatory in planning for or regulating state trust lands.

Sec. 24. RCW 36.70A.190 and 1990 1st ex.s. c 17 s 20 are each amended to read as follows:

TECHNICAL ASSISTANCE, GRANTS, AND MEDIATION SERVICES. (1) The department shall establish a program of technical and financial assistance and incentives to counties and cities to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state.

(2) The department shall develop a priority list and establish funding levels for planning and technical assistance grants both for counties and cities that plan under RCW 36.70A.040 and for counties and cities that take actions under this chapter relating to natural resource lands and critical areas. Priority for assistance shall be based on a county's or city's population growth rates, commercial and industrial development rates, the existence and quality of a comprehensive plan and development regulations, the need for the assistance, the extent to which the county and adjacent jurisdictions are engaging in cooperative regional planning efforts, and other relevant factors.

(3) The department shall develop and administer a grant program to provide direct financial assistance to counties and cities for ((~~the preparation of comprehensive plans~~)) activities under this chapter. The department may establish provisions for county and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a county or city comprehensive plan, development regulations, and actions relating to natural resource lands and critical areas as the county or city and the department may agree, including, without limitation, the conducting of surveys, inventories and other data gathering and management activities, the retention of planning consultants, contracts with regional councils for planning and related services, and other related purposes.

(4) The department shall establish a program of technical assistance utilizing department staff, the staff of other state agencies, and the technical resources of counties and cities to help in ((~~the development of~~)) preparing comprehensive plans and development regulations, and taking actions relating to natural resource lands and critical areas, required under this chapter. The technical assistance may include, but not be limited to, model land use ordinances, regional education and training programs, and information for local and regional inventories.

(5) The department shall provide mediation services to resolve disputes between counties and cities regarding, among other things, coordination of regional issues and designation of urban growth areas.

(6) The department shall provide planning grants to enhance citizen participation under RCW 36.70A.140.

NEW SECTION. Sec. 25. MONITORING AND EVALUATION. The department shall establish a system for monitoring the effectiveness of state, regional, county and city efforts to prepare and to implement comprehensive plans and development regulations in compliance with the goals contained in RCW 36.70A.020, and the designation and protection of natural resource lands and critical areas required in this chapter.

NEW SECTION. Sec. 26. MONITORING BY THE LEGISLATURE. A joint select committee on growth management is created that is composed of sixteen members. The speaker of the house of representatives shall appoint four members from each of the two major caucuses in the house of representatives and the president of the senate shall appoint four members from each of the two major caucuses in the senate. A staggering of the chair of the committee shall occur so that a member of each of the four caucuses serves as the chair for a one-year term once every four years.

The committee shall: (1) Advise the department on any matters concerning growth management within the jurisdiction of the department; (2) review and make recommendations to the legislature on the goals, guidelines, and rules adopted by the department and on proposals to improve the growth management regulatory process; and (3) monitor the cumulative effects of the efforts of counties and cities to implement the goals and requirements of this chapter.

PART IV

GROWTH MANAGEMENT BOARD

NEW SECTION. Sec. 27. PRESUMPTION OF VALIDITY--BURDEN OF PROOF‑-PLANS AND REGULATIONS. Comprehensive plans and development regulations adopted under this chapter are presumed valid upon adoption. In any appeal to the growth management board requesting the review of a comprehensive plan or development regulations adopted under this chapter, the requesting party shall have the burden of demonstrating that the comprehensive plan or development regulation is not consistent with the goals or requirements of this chapter, or the rules adopted under this chapter. In any appeal requesting review of development regulations, when consistency of the development regulation with the plan of the affected jurisdiction is at issue, the requesting party must also bear the burden of demonstrating that the development regulation is not consistent with the comprehensive plan. In any appeal to the growth management hearings board that a substantial pattern of abuse exists by a county or city issuing permits not conforming with its comprehensive plans and development regulations, the appealing party shall have the burden of demonstrating that the substantial pattern of abuse exists.

NEW SECTION. Sec. 28. RULE OF CONSTRUCTION. This chapter is exempted from the rule of strict construction, and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. In addition, construction of this act shall emphasize the protection of the environment.

NEW SECTION. Sec. 29. APPLICATION TO STATE, LOCAL, AND OTHER PUBLIC AGENCIES. Except as otherwise provided in this chapter or other state law, the comprehensive plans and development regulations adopted under this chapter shall be applicable to all state agencies, counties, special districts, and other public and municipal corporations including quasi-municipal corporations in the state.

NEW SECTION. Sec. 30. TREATY RIGHTS. Nothing in this act affects any rights established by treaty to which the United States is a party.

Coordination of on-reservation land use planning activities where tribes have jurisdiction with county or city land use planning activities cannot be required absent congressional mandate. As a consequence, the coordination between tribes and counties and cities regarding land use planning activities should focus on encouraging the voluntary participation of tribal governments with county and city planning processes required by this chapter.

NEW SECTION. Sec. 31. RELATION TO OTHER AUTHORITIES. The provisions of this act are cumulative and nonexclusive and are not intended to be preemptive in effect.

PART V

OTHER PROVISIONS

Sec. 32. RCW 36.93.170 and 1989 c 84 s 5 are each amended to read as follows:

FACTORS FOR BOUNDARY REVIEW BOARD TO CONSIDER. In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following:

(1) Population and territory; population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW; per capita assessed valuation; topography, natural boundaries and drainage basins, proximity to other populated areas; the existence and preservation of prime agricultural soils and productive agricultural uses; the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities;

(2) Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in area; prospects of governmental services from other sources; probable future needs for such services and controls; probable effect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; the added net costs for a city, town, or special district to provide services and facilities in an area that it proposes to annex; and

(3) The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county.

The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings covered by chapter 35.02 RCW.

Sec. 33. RCW 36.93.180 and 1989 c 84 s 6 are each amended to read

as follows:

OBJECTIVES OF BOUNDARY REVIEW BOARD. The decisions of the boundary review board shall attempt to achieve the following objectives:

(1) Preservation of natural neighborhoods and communities;

(2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours;

(3) Creation and preservation of logical service areas;

(4) Prevention of abnormally irregular boundaries;

(5) Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas;

(6) Dissolution of inactive special purpose districts;

(7) Adjustment of impractical boundaries;

(8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; ((~~and~~))

(9) Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority; and

(10) Evaluation of whether the proposed annexation by a city or town, or proposed incorporation of a city or town, in a county that is required or chooses to plan under chapter 36.70A RCW, is located within an urban growth area and is consistent with the annexation and incorporation portions of the urban growth area. Cities and towns located in a county that is required or chooses to plan under chapter 36.70A RCW shall not annex areas outside of an urban growth area. A city or town shall not be incorporated outside of an urban growth area in any county that is required or chooses to plan under chapter 36.70A RCW.

NEW SECTION. Sec. 34. A new section is added to chapter 36.93 RCW to read as follows:

POWER TO DISBAND BOUNDARY REVIEW BOARD. When a county has adopted a comprehensive plan and consistent development regulations pursuant to the provisions of chapter 36.70A RCW and this act, the county may at the discretion of the county legislative authority, disband the boundary review board in that county.

Sec. 35. RCW 43.155.070 and 1990 1st ex.s. c 17 s 82 are each amended to read as follows:

BOARD TO CONSIDER WHETHER REGIONAL PLANS ARE ADOPTED WHEN MAKING LOANS. (1) To qualify for loans or pledges under this chapter the board must determine that a local government meets all of the following conditions:

(a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;

(b) The local government must have developed a long-term plan for financing public works needs; ((~~and~~))

(c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors; and

(d) A county, city, or town that is required or chooses to plan under RCW 36.70A.040 must have adopted a comprehensive plan in conformance with the requirements of chapter 36.70A RCW, after it is required that the comprehensive plan be adopted, and must have adopted development regulations in conformance with the requirements of chapter 36.70A RCW, after it is required that development regulations be adopted.

(2) The board shall develop a priority process for public works projects as provided in this section. The intent of the priority process is to maximize the value of public works projects accomplished with assistance under this chapter. The board shall attempt to assure a geographical balance in assigning priorities to projects. The board shall consider at least the following factors in assigning a priority to a project:

(a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;

(b) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;

(d) The number of communities served by or funding the project;

(e) Whether the project is located in an area of high unemployment, compared to the average state unemployment;

(f) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such a system;

(g) The relative benefit of the project to the community, considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic growth; ((~~and~~))

(h) Whether the local government requesting the assistance is located in a county that has adopted a regional plan or agreement under section 15 of this act relating to the type of facility that is sought to be financed by such a loan; and

(i) Other criteria that the board considers advisable.

(3) Existing debt or financial obligations of local governments shall not be refinanced under this chapter. Each local government applicant shall provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.

(4) Before November 1 of each year, the board shall develop and submit to the chairs of the ways and means committees of the senate and house of representatives a description of the emergency loans made under RCW 43.155.065 during the preceding fiscal year and a prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each of the committees. The list shall include, but not be limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and documentation of local funds being used to finance the public works project. The list shall also include measures of fiscal capacity for each jurisdiction recommended for financial assistance, compared to authorized limits and state averages, including local government sales taxes; real estate excise taxes; property taxes; and charges for or taxes on sewerage, water, garbage, and other utilities.

(5) The board shall not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds for a specific list of public works projects. The legislature may remove projects from the list recommended by the board. The legislature shall not change the order of the priorities recommended for funding by the board.

(6) Subsections (4) and (5) of this section do not apply to loans made for emergency public works projects under RCW 43.155.065.

Sec. 36. RCW 70.146.070 and 1986 c 3 s 10 are each amended to read as follows:

DEPARTMENT TO CONSIDER WHETHER REGIONAL PLANS ARE ADOPTED WHEN MAKING GRANTS OR LOANS. When making grants or loans for water pollution control facilities, the department shall consider the following:

(1) The protection of water quality and public health;

(2) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;

(3) Actions required under federal and state permits and compliance orders;

(4) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;

(5) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; ((~~and~~))

(6) The recommendations of the Puget Sound water quality authority and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state; and

(7) Whether the local government requesting the loan or grant is located in a county that has adopted a regional plan or agreement under section 15 of this act relating to water pollution control facilities.

A county, city, or town that is required or chooses to plan under RCW 36.70A.040 may not receive a grant or loan for water pollution control facilities unless it has adopted a comprehensive plan in conformance with the requirements of chapter 36.70A RCW, after it is required that the comprehensive plan be adopted, or unless it has adopted development regulations in conformance with the requirements of chapter 36.70A RCW, after it is required that development regulations be adopted.

NEW SECTION. Sec. 37. A new section is added to chapter 43.01 RCW to read as follows:

Whenever a state agency is considering awarding grants or loans to local governments for public facilities, it shall consider whether the local government that is requesting the grant or loan is located in a county that has adopted a regional plan or agreement under section 15 of this act relating to the type of public facility for which the grant or loan is sought, and shall accord additional preference to the local government located in a county that has adopted such a regional plan or agreement.

NEW SECTION. Sec. 38. A new section is added to chapter 35.13 RCW to read as follows:

Each unincorporated area that as of January 1, 1991, lies wholly within the boundaries of a city or town shall become part of the city or town within whose boundaries the unincorporated area lies, and shall be incorporated as of the effective date of this act into the city or town without any action by the city or town council. Land which is owned by a county and used for the purposes of an agricultural fair under chapter 15.76 or 36.37 RCW, or a county park, shall not be annexed under this section without the consent of a majority of the members of the county legislative authority of the county that owns the land. For purposes of this section, an unincorporated area that is bounded completely by both a state boundary, or a body or bodies of navigable water, and a city or town shall not be construed to lie wholly within the boundaries of a city or town. Annexations under this section shall not be reviewed by a boundary review board or other annexation review board.

NEW SECTION. Sec. 39. A new section is added to chapter 35.13 RCW to read as follows:

(1) A city or town shall not annex territory under any method where, after the proposed annexation has occurred, any closed plane figure of unincorporated area could be drawn that includes a portion of the boundary of the newly annexed area so that eighty percent or more of the figure's perimeter is conterminous with any of the annexing city's or town's boundaries. In addition, a city or town shall not annex unincorporated territory under any method of annexation if, as a result of the annexation, an area would become entirely surrounded by a body or bodies of navigable water and the annexing city or town, unless the annexation reduced the size of an area that prior to the annexation was entirely surrounded by a body or bodies of navigable water and the annexing city or town.

(2) However, a city or town may annex territory that lies within a corridor of unincorporated territory which existed before the effective date of this act where, after the annexation has occurred, a closed plane figure could be drawn that is prohibited under subsection (1) of this section, if, after the proposed annexation has occurred, another closed plane figure cannot be drawn within the corridor so that a greater percentage of the perimeter is conterminous with a portion of the boundaries of the city or town than was the case with the perimeter of the original figure.

NEW SECTION. Sec. 40. A new section is added to chapter 35A.14 RCW to read as follows:

Each unincorporated area that as of January 1, 1991, lies wholly within the boundaries of a code city shall become part of the city within whose boundaries the unincorporated area lies, and shall be incorporated as of the effective date of this act into the city without any action by the city council required. Land which is owned by a county and used for the purposes of an agricultural fair under chapter 15.76 or 36.37 RCW, or a county park, shall not be annexed under this section without the consent of a majority of the members of the county legislative authority of the county that owns the land. For purposes of this section, an unincorporated area that is bounded completely by both a state boundary, or a body or bodies of navigable water, and a city shall not be construed to lie wholly within the boundaries of a city. Annexations under this section shall not be reviewed by a boundary review board or other annexation review board.

NEW SECTION. Sec. 41. A new section is added to chapter 35A.14 RCW to read as follows:

(1) A code city shall not annex territory under any method where, after the proposed annexation has occurred, any closed plane figure of unincorporated area could be drawn that includes a portion of the boundary of the newly annexed area so that eighty percent or more of the figure's perimeter is coterminous with any of the annexing city's boundaries. In addition, a code city shall not annex unincorporated territory under any method of annexation if, as a result of the annexation, an area would become entirely surrounded by a body or bodies of navigable water and the annexing city, unless the annexation reduced the size of an area that prior to the annexation was entirely surrounded by a body or bodies of navigable water and the annexing city.

(2) However, a code city may annex territory that lies within a corridor of unincorporated territory which existed before the effective date of this act where, after the annexation has occurred, a closed plane figure could be drawn that is prohibited under subsection (1) of this section, if, after the proposed annexation has occurred, another closed plane figure cannot be drawn within the corridor so that a greater percentage of the perimeter is coterminous with a portion of the boundaries of the city than was the case with the perimeter of the original figure.

NEW SECTION. Sec. 42. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 43. HEADINGS. Part and section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 44. Sections 8, 10 through 12, 15, 16, 20 through 23, and 25 through 31 of this act are each added to chapter 36.70A RCW.