S-1433

AN ACT Relating to growth; amending RCW 36.70A.020, 36.70A.030, 36.70A.060, 36.70A.070, 36.70A.080, 36.70A.090, 36.70A.110, 36.70A.120, 36.70A.130, 36.70A.140, 82.46.010, 82.46.035, 43.62.035, 36.70A.190, and 36.93.180; adding new sections to chapter 36.70A RCW; adding a new section to chapter 82.02 RCW; adding a new section to chapter 47.80 RCW; adding new sections to chapter 43.21B RCW; adding a new section to chapter 82.44 RCW; adding a new section to chapter 36.93 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35.63A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 58.17 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.58 RCW; and adding a new section to chapter 90.70 RCW.

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

PART I - GOALS AND DEFINITIONS

Sec. 1. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each

amended to read as follows:

PLANNING GOALS. 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 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 and shall not be used to evaluate development proposals:

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

Urban growth areas should be compact and provide opportunities for people to live in a variety of housing types close to where they work. Plans must ensure an adequate supply of land within the urban growth area to accommodate at least the twenty‑year population, housing, and employment forecast established pursuant to this chapter. Development densities must be sufficient to: (a) Ensure a competitive development market; (b) promote affordable housing; and (c) promote efficient use of public utilities and urban government services.

Consistent with accommodating the established twenty‑year growth forecast, diversity of housing types and densities may be encouraged. Urban areas need not be uniformly urban in nature. The character of existing neighborhoods and communities may be recognized. Further, provision shall be made for public open space, recreation lands, and critical areas. With the consent of the landowners, natural resource lands may be designated within the boundaries of an urban growth area. However, any such designation or the recognition of existing community character shall not reduce the capacity of the urban growth area to accommodate the twenty‑year forecast.

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

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. Housing should be of sufficient density and employment centers should be concentrated to enable greater efficiency and affordability of multimodal transportation systems.

(4) Housing. ((~~Encourage the availability of~~)) Ensure that affordable housing ((to)) is available for all economic segments of the population of this state((,)). Promote a variety of residential densities and housing types both inside and outside of urban growth areas, and where appropriate encourage ((~~preservation~~)) maintenance and rehabilitation of existing housing stock. While these goals should be implemented, in part, by incentives for provision of low and moderate income housing, such as density bonuses, they shall not be implemented with requirements which directly or indirectly condition development approvals or permits on provision or inclusion of such housing.

(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((~~, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities~~)). Build a network of strong regional economies. Identify and focus assistance on priority economic development areas where there is a need for growth. In particular, encourage cities and counties in economically distressed areas of the state, especially those experiencing declining economic growth due to changes in natural resource industries, to diversify and strengthen their economic base.

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

(7) ((~~Permits.~~)) Development regulations. Applications for both state and local government permits ((~~should~~)) shall be processed in a timely and fair manner to ensure predictability. Overlapping, duplicative, and conflicting regulations shall be avoided.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands ((~~and~~)), productive agricultural lands, and potential mineral resource lands, and discourage incompatible uses of such lands and adjacent to such lands.

(9) Public 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.~~)) Ensure that lands both within and outside urban growth areas that are intended to remain open and undeveloped permanently are in public ownership or are retained by public acquisition of less than fee simple interest. Where possible, open space lands should be linked into regional and state‑wide networks. Permanent open space networks should separate and define distinct urban growth areas to prevent the merger of urban areas into large contiguous urban areas. Where permanent long-term protection is desired open space lands should be used to: Protect fish and wildlife habitat; protect critical areas; provide park and outdoor recreational opportunities; protect scenic areas and viewsheds; accommodate nonmotorized recreational corridors and trails; retain natural resource lands, particularly in urban growth areas; protect views and vistas within and around cities; and protect wildlife corridors especially between public parks and refuges.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. Consideration of the environmental impact of a comprehensive plan must be integrated into the plan adoption process. City and county development regulations for critical areas adopted under this chapter shall be the exclusive means of state regulation of critical areas and such regulations must be based on documented, scientifically based standards.

(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) 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.

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

(14) Public utilities. Provide for adequate public utilities by assuring that land will be available for location of public utilities, including but not limited to location within transportation corridors, so that efficient, reliable, and cost-effective utility service can be provided.

(15) Essential public developments. Ensure that essential public developments are sited in an efficient and predictable manner. No comprehensive plan or development regulation may directly or indirectly preclude the location of an essential public development.

(16) Planning process. Ensure that the process and procedures used to adopt comprehensive plans and development regulations are predictable and coordinated and that certain standards are adhered to uniformly by cities and counties. Such plans and regulations shall, at a minimum, be enacted by the legislative body of the county or city after reasonable notice, involvement of citizens affected by the action, recommendation of a representative citizen‑based planning commission, and public hearing.

(17) Compliance and enforcement. Flexibility should be available to allow each city and county to comply with planning and development regulations requirements of this act in a manner that meets the needs of the residents of each city and county. Unless otherwise clearly specified, comprehensive plans and development regulations need not be uniform or identical.

(18) Annexation. Cities are recognized as the preferred location for urban growth. Expansion of city boundaries must be coordinated with adjacent counties, special districts, and affected state agencies. Annexation areas for cities should be no larger than the area the city is prepared to serve with urban government services.

(19) Wetlands. Ensure that there is no net loss of wetlands functions and values. Wetlands replacement, under certain circumstances, can provide an environmentally preferable alternative to a number of small, isolated wetlands surrounded by development. The no net loss goal can be achieved through the construction, restoration, or enhancement of wetlands that are at least equal in habitat value to those wetlands lost.

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) "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) "Affordable housing" and "housing affordability" mean housing for working families with income that is one hundred ten percent of the median family income for the region.

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

((~~(4)~~)) (5) "City annexation area" or "annexation area" means the area adjacent to a city corporate boundary that the city intends to serve with urban government services during the twenty-year period.

(6) "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)~~)) (7) "Council" means a dispute resolution council established to hear appeals under this chapter.

(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~~)) for protected and endangered species as established in RCW 77.12.040; (d) frequently flooded areas; and (e) geologically hazardous areas.

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

((~~(7)~~)) (10) "Development ((~~regulations~~))" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land that creates additional demand and need for public facilities.

(11) "Development regulations" means controls placed on development or land use activities by a county ((or)), city, special district, or state agency, including, but not limited to, development conditions or limitations, critical area and other environmental regulations, zoning ordinances, official controls, impact fee regulations, shoreline regulations, development standards, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

((~~(8)~~)) (12) "Essential public development" means the development or use of land for one or more of the following purposes: Solid waste facility; state transportation system facility; state educational facility; airport; and state or local correctional facility.

(13) "Forecast" or "twenty-year forecast" means the population, employment, and housing forecast adopted by the office of financial management for cities and counties planning pursuant to this chapter.

(14) "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)~~)) (15) "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 and cannot be made suitable with current and reasonable engineering technology.

((~~(10)~~)) (16) "Long-term commercial significance" ((~~includes~~)) means the growing capacity, productivity, and soil composition of the land for long-term commercial, agricultural, or timber production, ((~~in consideration with~~)) and the mineral production potential for long-term commercial, industrial, or construction uses, considering the ((~~land's proximity to population areas, and the~~)) possibility of more intense uses of the land and for mineral resource lands considering both proximity to markets and population centers and the maintenance of renewable and nonrenewable natural resources.

((~~(11) "Minerals"~~)) (17) "Mineral resource lands" include ((~~gravel, sand, and valuable metallic substances~~)) those lands devoted to the extraction of minerals as defined in RCW 78.44.030 or that have known or potential long-term commercial significance for mineral extraction.

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

(19) "New community" means a master planned development providing for a mixture of land uses that includes opportunities to achieve: (a) A mix of jobs, housing, and public facilities and public services to serve the community; (b) preservation of open spaces within and around the community; (c) an internal and external transportation system supportive of pedestrian access and mass transit; (d) infrastructure needed to serve the proposed community; and (e) the mitigation of off‑site impacts attributable to the new community.

(20) "Open space lands" are public lands dedicated to such use and private lands for which less than fee simple interest has been acquired for such use.

((~~(12)~~)) (21) "Public facilities" include public streets, roads, highways, and sidewalks((,)); public street and road lighting systems((,)); public traffic signals((,)); public domestic water systems((,)); public storm and sanitary sewer systems((,)); public parks and recreational facilities((,)); and public schools.

((~~(13)~~)) (22) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

((~~(14)~~)) (23) "Public utilities" means the facilities of a public service company or radio communications service company, as those terms are defined in RCW 80.04.010, and the facilities of a municipal corporation, mutual, or cooperative that are used to provide the same kinds of services as provided by a public service company.

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

(25) "Regional growth management organization" means the organization formed by interlocal agreement to carry out the responsibilities set forth in sections 16 through 18 of this act.

(26) "Rural areas" refers to those areas not included within the boundaries of designated urban growth areas.

(27) "Rural economic development" refers to certain uses of land that strengthen and diversify the local economic base which either benefit from or require a rural location or are appropriately located in a rural area. Such uses are more specifically described in RCW 36.70A.070.

(28) "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.

(29) "State agencies" means all departments, boards, commissions, institutions of higher education, and offices of state government, except those in the legislative or judicial branches.

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

((~~(16)~~)) (32) "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)~~)) (33) "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~~)) shall include those artificial wetlands intentionally created from nonwetland areas ((~~created~~)) to mitigate authorized conversion of wetlands((~~, if permitted by the county or city~~)). This definition shall be used for designation pursuant to RCW 36.70A.170 and adoption of development regulations under this chapter.

PART II - ROLE OF LOCAL GOVERNMENT

Sec. 3. RCW 36.70A.060 and 1990 1st ex.s. c 17 s 6 are each

amended to read as follows:

NATURAL RESOURCE LANDS AND CRITICAL AREAS‑-DEVELOPMENT REGULATIONS. (1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of ((~~agricultural, forest, and mineral~~)) natural resource lands designated under RCW 36.70A.170. Regulations adopted under this section may not prohibit the expansion, modification, or intensification of existing uses or prohibit or condition uses permitted prior to their adoption and shall remain in effect until ((a)) the county or city adopts development regulations pursuant to RCW 36.70A.120. ((~~Such regulations shall~~)) To assure that the use of lands adjacent to ((~~agricultural, forest, or mineral~~)) designated natural resource lands shall not interfere with the continued use, in the accustomed manner, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals((.)), the county or city shall:

(a) Require that all plats, and all building permits issued for construction in rural areas within three hundred feet of lands designated natural resource lands, contain a notice that the subject property is within or near designated natural resource lands and therefore is subject to a variety of activities that may not be compatible with residential development for certain periods of limited duration; that, in addition to other activities these may include noise, dust, smoke, visual impacts, and odors resulting from harvesting, planting, application of fertilizers, herbicides, mineral extraction, and associated management activities; that, when performed in accordance with county, state, and federal law, these activities are not subject to legal action as a public nuisance. Further, new residences in rural areas that are adjacent to designated natural resource lands should be set back, where practical, from the boundary of natural resource lands.

(b) Adopt development regulations recognizing the right to conduct agriculture, forest, or mineral extraction activities in the accustomed manner on designated natural resource lands. These regulations must also provide for a process to allow conversion of these lands to nonresource uses.

(2) Until needed for urban growth, designated natural resource lands within urban growth areas shall be protected as natural resource lands. Designation of such lands within urban growth areas shall occur only upon consent of the resource owner and shall be reconsidered upon request of the landowner and at least every five years pursuant to RCW 36.70A.130.

(3) Consistent with the requirements of this section for designated natural resource lands, each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, precluding land uses or development that is incompatible with the critical areas that are required to be designated under RCW 36.70A.170. Density from the critical area may be transferred on-site and may not be subtracted from the site's overall permitted density. As it relates to wetlands, the term "incompatible" is limited to excavation or placement of material. Counties and cities shall authorize wetland replacement as an alternative for accomplishing mitigation for permitted wetland losses and shall adopt development regulations that establish standards and criteria for such replacement.

((~~(2)~~)) (4) Such counties and cities shall review these designations and development regulations required by this section when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency with the comprehensive plan and with the requirements of this section.

(5) The regulations required by this section shall not apply to maintenance, repair, relocation, installation, or construction of public utilities.

Sec. 4. 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~~)) addressing goals, objectives, ((~~principles,~~)) and standards ((~~used to develop~~)) for each element of the comprehensive plan and depicted in a map or maps. 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. No comprehensive plan may directly or indirectly prohibit essential public development or public utilities.

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

(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 include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. 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~~)) that recognizes the vitality and character of established residential neighborhoods and new housing to meet the twenty-year forecast for housing that: (a) Includes an inventory and analysis of existing and ((~~projected~~)) forecasted housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing; (c) identifies sufficient land and densities for a variety of housing types, including, but not limited to, single-family housing, government-assisted housing, housing for low-income families, manufactured housing, duplex, triplex, and multifamily housing, ((~~and~~)) "mother-in-law" apartments, group homes, and foster care facilities; ((~~and~~)) (d) makes adequate provisions for existing and projected needs of all economic segments of the community; (e) promotes housing that is affordable; (f) minimizes the displacement of residents from housing; and (g) assures that new housing constructed for sale to the general public shall not be required to subsidize the construction or rents of low-income or public housing. In furtherance of affordable housing objectives, manufactured housing shall be regulated only as site-built single-family housing is regulated.

((~~(3)~~)) (2) A ((~~capital~~)) public facilities plan element for public facilities owned by a city or county consisting of: (a) An inventory of existing ((~~capital~~)) public facilities ((~~owned by public entities~~)), showing the locations and capacities of the ((~~capital~~)) public facilities; (b) a forecast of the future needs for such ((~~capital~~)) public facilities; (c) the proposed locations and capacities of expanded or new ((~~capital~~)) public facilities; and (d) at least a six-year plan that will finance such ((~~capital~~)) public 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)~~)) (3) A public 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. The public utilities element shall include: (a) Provision for the location of public utilities to serve no less than the twenty‑year forecast of population, employment, and housing; and (b) provision for the use of public rights of way for location of public utilities and provision for coordination to allow for common scheduling of public utility and transportation system repairs, modifications, and improvements.

((~~(5)~~)) (4) Counties shall include a rural element including lands that are not designated for urban growth, ((~~agriculture, forest, or mineral resources~~)) open space, or natural resource. 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. The rural element may also provide for rural economic development as specified in the economic development element of the comprehensive plan.

((~~(6)~~)) (5) 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) Reasonable and achievable 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 and shall be consistent with the standards established by the adjacent county or city. Such standards shall recognize the fact that a reasonable amount of congestion will occur as new facilities are planned, financed, and constructed;

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

(iv) Forecasts of traffic for at least ((~~ten~~)) twenty years based on the adopted ((~~land use plan~~)) twenty-year forecast 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~~)) capacity needs;

(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~~)) obtained, or how land use assumptions will be reassessed to ensure, if possible, 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 required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions 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)~~)) (5) "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.

(6) A public open space element that provides for local and regional parks, outdoor recreation facilities, trails, resource conservation areas, natural vistas, and greenbelts to separate designated urban growth areas. To the extent possible, open space lands should be linked in a coordinated regional and state-wide network and shall be designated public space only if funds or other compensatory techniques are available for acquisition.

The public open space element may include:

(a) Scenic or viewshed land, particularly along transportation corridors;

(b) Lands that function to provide community identity within and between urban growth areas;

(d) Lands that provide access to lakes, rivers, streams, and saltwater shorelines;

(e) Lands that buffer and conserve critical areas, natural resource lands, soils, geologically hazardous areas, or tidal marshes, beaches, or other shoreline areas;

(f) Lands that enhance the recreation and habitat value of abutting or neighboring parks, forests, or conservation areas;

(g) Lands that protect natural areas and environmental features with significant educational, scientific, wildlife habitat, historic, or scenic value; and

(h) Undeveloped lands of not less than five acres situated in urban growth areas.

Only those state lands identified pursuant to section 20 of this act shall be included in the public open space plan element.

(7) An economic development element that includes:

(a) An analysis of the economic base of the city or county, an inventory of existing commercial and industrial lands, and identification of the commercial and industrial lands needed to serve at least the twenty-year forecast;

(b) A statement of goals and policies for economic growth and diversifying the economic base and objectives for locating commercial and industrial land uses;

(c) Identification of an adequate supply of land to be designated in the land use element for commercial and industrial uses;

(d) The following types of rural economic development should also be incorporated in the economic development element:

(i) "Destination resorts," are developments that provide accommodations and active or passive recreational opportunities for guests. Such developments are ordinarily located in areas of high scenic or recreational value and may be combined with a recreational community as defined in this section;

(ii) "Recreational communities" are developments that provide for long-term residential use in areas providing active or passive recreational opportunities and which include significant man-made recreational features. Such developments are distinguished from urban residential development by their spatial separation from designated urban growth areas and the major employment opportunities, commercial and retail services, and public facilities located within such urban growth areas. Such developments should provide their own infrastructure and should not be dependent on the extension of municipal sewer and water services from designated urban growth areas;

(iii) "Rural commercial facilities and services" are commercial developments of a size and scale designed to serve the ordinary needs of the population in the surrounding rural area; and

(iv) "Large-scale industrial or manufacturing facilities" are manufacturing and industrial uses that require parcels of land so large as to be ordinarily unavailable within an urban growth area, or that because of the characteristics or requirements of such uses should appropriately be located in areas of relatively low population density, or that require a location in proximity to rural resources.

These more intensive land uses, which may be authorized in rural areas, shall be designed to prevent encouragement of urban growth in the vicinity. In planning for rural economic development, counties should rely on policies and performance standards to guide such development rather than attempting to define the location of such development in the comprehensive plan map.

(8) For a city, an annexation element which establishes at least the twenty-year boundaries for growth of the city. The element shall include:

(a) The identification of future land uses, densities, and intensities;

(b) A plan for public facilities and urban government services to be provided by the city, county, or special districts located within the annexation area;

(d) At the option of a city, the annexation element may also incorporate the additional requirements of RCW 35.13.177 and 35.13.178.

(9) An environmental management element that demonstrates that the comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 has been reviewed pursuant to chapter 43.21C RCW, by such county or city prior to final adoption. After adoption of such comprehensive plan, development regulations shall not be used to prohibit or condition development, land uses, densities, or intensities permitted in such plan, except to the extent that site-specific impacts of development were not disclosed in the environmental management element.

The environmental management element must comply with chapter 43.21C RCW and:

(a) Include an evaluation of alternatives, including the proposed plan or plan amendment, at a level of detail sufficient to document clearly the comparative social, economic, and environmental advantages and disadvantages of each alternative as well as a description of actions that could be taken to mitigate or moderate the disadvantages; and

(b) Disclose fully the cumulative impact of the proposed plan or plan amendment on air quality; water quality, including surface water, ground water, and storm water; climate; plants and animals including loss of existing vegetation and wildlife habitat; energy and natural resources; transportation systems and other public facilities; urban government services; public utilities; open space; the availability of land for commercial and industrial growth; and the availability of land for housing and the impact of the plan on housing affordability.

The level of detail of the analysis should correspond to the geographic area covered by the plan. If the plan includes policies, conditions, standards, or use classifications that are area-wide in nature, then the level of detail must be sufficient to disclose the environmental impact of these proposals.

(10) A land use element, consisting of one or more land use maps designating the proposed general distribution and general location and extent of the uses of land for housing, public facilities, public utilities, rural areas, the transportation system, open spaces, recreational areas, and commercial and industrial uses. The land use map shall reflect, and be consistent with, the policies, objectives, principles, and standards stated in the descriptive text of the plan for each of the other plan elements. The land use map shall designate natural resource lands and critical areas as provided in RCW 36.70A.060. Each county shall also include in its land use element urban growth areas as provided in RCW 36.70A.110 and each city shall include its adopted annexation area.

Sec. 5. 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) Historic preservation.

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

(3) Optional elements may be incorporated only after adoption of all mandatory elements.

Sec. 6. RCW 36.70A.090 and 1990 1st ex.s. c 17 s 9 are each amended to read as follows:

COMPREHENSIVE PLANS‑-INNOVATIVE TECHNIQUES. A comprehensive plan ((~~should~~)) shall provide for the use of innovative land use management techniques, including, but not limited to, density bonuses, cluster housing, planned unit developments, ((~~and~~)) wetlands mitigation banking, the transfer of development rights, and new communities. In particular, fee simple and less than fee simple purchase, development rights transfer, and conservation easements shall be the methods used to implement the open space element of 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) Based on the twenty-year population, housing, and employment forecast adopted pursuant to RCW 43.62.035, each county that is required or chooses to adopt a comprehensive land use plan under RCW 36.70A.040 shall designate ((an)) in its comprehensive plan a twenty-year urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city and a city's annexation area 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~~)) land that is located outside of a city and its annexation area only if such ((~~territory~~)) land is already ((is)) characterized by urban growth or is adjacent to ((~~territory~~)) land already characterized by urban growth, or is designated for or meets the conditions for establishing new communities under this chapter.

(2) Based upon the population, employment, and housing forecast ((~~made~~)) established for the county and cities within the county by the office of financial management pursuant to RCW 43.62.035, each county shall demonstrate that the designated 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 period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas)) adequate geographic areas; appropriate minimum densities and intensities; and vacant land suitable and available for development to ensure a competitive development market sufficient to accommodate, at a minimum, the established twenty-year forecast.

(3) 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)) a twenty-year annexation area to be included in the urban growth area. The county and cities shall attempt to reach agreement with each city on the location and boundaries of ((an)) urban growth areas ((~~within which the city is located~~)). If ((~~such an~~)) agreement is not reached ((~~with each city located within the urban growth area~~)), the county shall justify to the department or, if created pursuant to this chapter, a regional growth management organization, in writing why it so designated or failed to designate the area an urban growth area. A city may object formally ((~~with~~)) to the department ((~~over~~)) or regional organization as to the ((~~designation of the~~)) designated urban growth area ((~~within which it is located~~)). Where appropriate, the department or regional organization shall attempt to resolve the conflict((s)), including the use of mediation services.

((~~(3)~~)) (4) 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, and third as otherwise provided for in this chapter for new communities. Urban government services for each urban growth area must be planned to serve at least the twenty‑year forecast for population, housing, and employment established pursuant to RCW 43.62.035. Further, it is ((~~appropriate~~)) preferred that urban government services be provided by cities, and the full range of urban government services should not be provided in rural areas.

(5) In demonstrating that the capacity of the designated urban growth area is sufficient to accommodate the twenty-year forecast, public lands, including institutional uses, critical areas, lands restricted by other development regulations and conditions, and natural resource lands inside the urban growth area that have been designated with the consent of the landowner, shall be excluded. Further, each county and city must ensure that permitted land uses located adjacent to urban growth areas allow for the orderly expansion of said areas.

Sec. 8. RCW 36.70A.120 and 1990 1st ex.s. c 17 s 12 are each amended to read as follows:

DEVELOPMENT REGULATIONS AND CAPITAL PLANS‑-IMPLEMENTATION IN CONFORMITY WITH COMPREHENSIVE PLAN. (1) Within one year of the adoption of its comprehensive plan, each county and city that is required or chooses to plan under RCW 36.70A.040 shall enact development regulations that are consistent with and implement the comprehensive plan. These counties and cities shall perform their activities and make capital budget decisions in conformity with their comprehensive plans.

(2) Development regulations may be different in urban and rural areas. Consistent with existing statutory time periods, development regulations shall provide for specific time limits for approval, and compliance with these time limits shall be strictly construed. Development regulations shall avoid redundancy and shall be consistent with similar regulations of adjacent cities and counties. Multiple permits for the same project shall be avoided. Development regulations that condition approvals or permits on the adequacy of public facilities and services shall be limited to transportation improvements and strategies as authorized by RCW 36.70A.070. Where impact fees have been paid pursuant to chapter 82.02 RCW to mitigate the development's fair share of public facility impacts, the development regulations shall not condition approvals or permits on the adequacy of public facilities. Development regulations shall use standards based on the best available scientific information.

Development regulations must permit the development, repair, and maintenance of public utilities that are consistent with and implement the public utilities element of the comprehensive plan and must permit the expansion, modification, and intensification of nonconforming uses or structures.

(3) Any county or city shall have the authority to enter into a development agreement with any person having ownership or control of real property within its jurisdiction or, by cities, for property outside its boundaries as part of a proposed annexation. Entering into a development agreement shall not constitute an unlawful or improper delegation of police power.

(a) The development agreement shall govern the development and use of the property in accordance with its terms for the duration specified in the agreement, and may include without limitation provisions governing the following: Permitted uses; residential densities; nonresidential intensities or building sizes; payment of impact fees, inspection fees, dedications, or other financial contributions by the property owner; compliance with chapter 43.21C RCW; mitigation measures and development conditions; design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; affordable housing; phasing; and any other appropriate development requirement having a direct relationship to the development.

(b) Unless amended or terminated, the development agreement shall be enforceable by any party thereto notwithstanding any amendment to a comprehensive plan or development regulations. Any permits or approvals issued subsequent to execution of the development agreement shall be consistent with the provisions of the development agreement. The county or city shall record with the real property records of the county in which the property is located a copy of the development agreement. During the term of the development agreement, it shall be binding upon and inure to the benefit of the parties and their successors including any city that assumes jurisdiction through incorporation or annexation of area that includes the property covered by the development agreement.

(c) The county or city approval of a development agreement shall be by ordinance or resolution after a public hearing by the legislative body, which may delegate the hearing to a planning commission or hearing examiner.

(4) Interim development regulations and emergency measures may be authorized only to protect the public health and safety and only in advance of the adoption of the comprehensive plan required by this chapter. For adoption of any such interim development regulation, not less than a four‑fifths vote of the legislative body shall be required. With public notice such measure may be effective for up to, but no longer than, twelve months, and may not be renewed or extended. Otherwise, the interim development regulation shall have no force or effect.

(5) For development that complies with the comprehensive plan adopted pursuant to this chapter, reduction in permitted density, height, bulk, or scale may be required by a city or county only when there is no feasible alternative condition that may be imposed to address the specific identified impact attributable to the development for which such a condition is required.

(6) On July 1, 1992, and annually thereafter, each county and city planning pursuant to this chapter shall issue a report on the cumulative effect of development regulations and fees on the availability and affordability of residential, commercial, and industrial land.

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

COMPREHENSIVE PLANS‑-AMENDMENTS. (1) Each comprehensive land use plan and all development regulations shall be ((~~subject to continuing evaluation and review~~)) reviewed and evaluated annually 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) On an annual basis, each city and county shall inventory and compile statistics on absorption and use of land, including permitted densities and availability of land suitable for development. Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ((~~ten~~)) five years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the land use intensities and densities permitted within its boundaries and its annexation area, 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~~)) its annexation area. 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~~)) and its annexation area, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.

(4) In conjunction with the review of urban growth areas, cities and counties shall also review designated natural resource lands both within and outside urban growth areas and adjust designations as appropriate to ensure consistency with changes in urban growth areas and the requirements of this chapter.

Sec. 10. RCW 36.70A.140 and 1990 1st ex.s. c 17 s 14 are each amended to read as follows:

COMPREHENSIVE PLANS‑-DEVELOPMENT REGULATIONS‑-ADOPTION TO ENSURE PUBLIC PARTICIPATION. (1) The comprehensive plan, plan amendments, and development regulations required by this chapter shall be adopted pursuant to the provisions of chapter 35.63, 35A.63, or 36.70 RCW for cities, code cities, and counties, respectively planning pursuant to this chapter.

(2) Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish procedures providing for public notice and early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings and public hearings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. Each plan, development regulation, or amendment shall be enacted by the legislative body of a city or county. Errors in exact compliance with the established procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the procedures is observed.

NEW SECTION. Sec. 11. NEW COMMUNITIES. A county or city required or choosing to plan pursuant to the provisions of RCW 36.70A.040 shall establish a process for reviewing proposals for new communities which shall, at a minimum, include development standards for providing:

(1) All infrastructure consistent with the requirements of this chapter and RCW 82.02.050;

(2) Buffers between the new community and adjacent areas designed to minimize impacts on designated natural resource lands and other land uses;

(3) Transportation planning within the new community that maximizes pedestrian and transit circulation and mitigates traffic impacts to adjacent areas;

(4) A mixture of land uses, including housing, commercial, and/or industrial facilities;

(5) Consistency with development regulations established for the protection of critical areas by the county pursuant to RCW 36.70A.170; and

(6) Flexibility to allow various types of new communities including those intended for recreation or retirement.

Upon meeting all applicable development regulations, final approval of an application for a new community shall be considered an adopted amendment to the comprehensive plan prepared pursuant to RCW 36.70A.040 designating the new community as an urban growth area.

NEW SECTION. Sec. 12. SPECIAL DISTRICT CONSISTENCY REQUIRED. (1) Special districts shall: (a) Plan in conformance with the planning goals contained in RCW 36.70A.020; (b) comply with local comprehensive plans and development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.120; (c) comply with amendments to comprehensive land use plans as provided for in RCW 36.70A.130; and (d) comply with development regulations adopted pursuant to RCW 36.70A.060.

(2) Not later than one year after the adoption of development regulations by a county or city pursuant to RCW 36.70A.120, each special district located within such a county or city that provides one or more of the public facilities or public services listed in this subsection shall adopt or amend a public facilities plan for its facilities that is consistent with the comprehensive plan and development regulations and indicates the existing and projected public 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) libraries; (f) schools; (g) ground transportation, including mass transit; and (h) flood control.

Sec. 13. RCW 82.46.010 and 1990 1st ex.s. c 17 s 36 are each amended to read as follows:

TAX ON SALE OF REAL PROPERTY AUTHORIZED‑-LIMITATIONS ON USE‑-ADDITIONAL TAX AUTHORIZED‑-MAXIMUM RATES. (1) The governing body of any county or any city may impose an excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price. The revenues from this tax shall be used by the respective jurisdictions for local capital improvements, including those listed in RCW 35.43.040.

After July 1, 1990, revenues generated from the tax imposed under this subsection in counties and cities that are required or choose to plan under RCW 36.70A.040 shall be used ((~~primarily~~)) only for financing capital projects specified in a ((~~capital~~)) public facilities plan element of a comprehensive plan adopted pursuant to chapter 36.70A RCW and housing relocation assistance under RCW 59.18.440 and 59.18.450. However, revenues (a) pledged by such counties and cities to debt retirement prior to July 1, 1990, may continue to be used for that purpose until all outstanding debt is retired, or (b) committed prior to July 1, 1990, by such counties or cities to a capital project may continue to be used for that purpose until the project is completed.

(2) For counties and cities that are required or choose to plan under RCW 36.70A.040 and that, prior to July 1, 1991, have not imposed the tax authorized by subsection (1) of this section, such tax may be imposed only after said city or county has enacted a comprehensive plan and development regulations pursuant to chapter 36.70A RCW.

(3) In lieu of imposing the tax authorized in RCW 82.14.030(2), the governing body of any county or any city may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-half of one percent of the selling price.

((~~(3)~~)) (4) Taxes imposed under this section shall be collected from persons who are taxable by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the unincorporated areas of the county or within the corporate limits of the city, as the case may be.

((~~(4)~~)) (5) Taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state under chapter 82.45 RCW.

((~~(5)~~)) (6) Authority for the imposition of the excise taxes authorized in this section may be suspended by the governor for noncompliance with chapter 36.70A RCW.

(7) As used in this section, "city" means any city or town and "capital project" means those public works projects defined in RCW 43.155.020.

Sec. 14. RCW 82.46.035 and 1990 1st ex.s. c 17 s 38 are each amended to read as follows:

ADDITIONAL TAX‑-CERTAIN COUNTIES‑-BALLOT PROPOSITION‑-USE LIMITED TO CAPITAL PROJECTS. (1) The governing body of any county or any city that plans under RCW 36.70A.040(1) may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price. Any county choosing to plan under RCW 36.70A.040(2) and any city within such a county may only adopt an ordinance imposing the excise tax authorized by this section if the ordinance is first authorized by a proposition approved by a majority of the voters of the taxing district voting on the proposition at a general election held within the district or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters.

(2) The additional excise tax authorized by subsection (1) of this section may be imposed only after adoption of a comprehensive plan and development regulations pursuant to chapter 36.70A RCW. Revenues generated from the tax imposed under subsection (1) of this section shall be used by such counties and cities solely for financing capital projects specified in a ((~~capital~~)) public facilities plan element of ((a)) the comprehensive plan.

(3) Revenues generated by the tax imposed by this section shall be deposited in a separate account.

(4) Authority for the imposition of the excise taxes authorized in this section may be suspended by the governor for noncompliance with chapter 36.70A RCW.

(5) As used in this section, "city" means any city or town and "capital project" means those public works projects defined in RCW 43.155.020.

NEW SECTION. Sec. 15. A new section is added to chapter 82.02 RCW, to be codified between RCW 82.02.050 and 82.02.090, to read as follows:

IMPACT FEES. (1) If the county, city, or town determines, consistent with an ordinance adopted pursuant to RCW 36.70A.070(5), that a transportation system improvement or strategy should be constructed or implemented prior to full occupancy of a development, the developer may elect to construct the improvement or implement the strategy pursuant to a written agreement with the county, city, or town. Under the terms of such an agreement, construction or implementation may be phased consistent with the occupancy of the development. The developer shall receive a credit for the costs of construction or implementation that exceed the impact fee which otherwise would have applied.

(2) In the event that a developer enters into an agreement with a county, city, or town to construct, fund, or contribute system improvements such that the amount of the credit created by such construction, funding, or contribution is in excess of the impact fees that would otherwise have been paid for the development project, the developer shall be reimbursed for such excess construction, funding, or contribution from impact fees paid by other developments located in the service area which is benefited by such improvements.

(3) Fees shall be collected upon the issuance of a building permit. When the fee is to be used for a system improvement to be undertaken within one year of the final approval of a subdivision, the fee may be collected upon recording of final subdivision approval.

(4) Prior to adopting an ordinance imposing impact fees, each county, city, or town shall establish an advisory committee composed of not less than six persons, plus a nonvoting chairperson selected by the advisory committee, to advise the governing body on possible features to be included in an impact fees ordinance and to periodically review the ordinance. Half of the members of the advisory committee shall represent the development industry, the building industry, and the real estate industry, while the other half shall represent the environmental community and community groups.

(5) If impact fees are imposed to finance system improvements to be undertaken by a different city, county, special district, or state agency than the one collecting the fee, the collecting entity shall enter into an interlocal agreement with the city, county, special district, or state agency that will make the service improvements to ensure compliance with the requirements established for impact fees.

PART III - REGIONAL GROWTH MANAGEMENT

NEW SECTION. Sec. 16. REGIONAL GROWTH MANAGEMENT ORGANIZATIONS AUTHORIZED. The legislature hereby authorizes the creation of regional growth management organizations within the state. Each regional growth management organization shall be formed by interlocal agreement through the voluntary association of cities and special districts within a county, or within geographically contiguous counties. At the time of formation, each organization shall:

(1) Encompass at least one county; and

(2) Have as members all counties within the region, and at least sixty percent of the cities and towns within the region representing a minimum of seventy‑five percent of the cities' and towns' population.

The department of community development shall verify that each regional growth management organization conforms with the requirements of this section.

NEW SECTION. Sec. 17. REGIONAL GROWTH MANAGEMENT ORGANIZATION‑-DUTIES. (1) Each regional growth management organization shall:

(a) Coordinate the preparation of comprehensive plans and development regulations of counties and cities within the region to ensure compliance with the consistency requirements of this chapter;

(b) Monitor compliance of the county or counties and cities with the requirements of this chapter including deadlines and other matters relating to implementation; and

(c) Impose fees on its members to cover the cost of operations where such fee is proportionate to the twenty-year population forecast for said member.

(2) In addition to the duties set forth in subsection (1) of this section, each regional growth management organization may:

(a) If qualified pursuant to RCW 47.80.020, assume the duties and responsibilities of a regional transportation planning organization authorized pursuant to chapter 47.80 RCW and thereafter be referred to as the regional planning organization;

(b) Within the region perform the technical assistance, grant, and mediation services performed by the department of community development pursuant to RCW 36.70A.190;

(c) If all member cities and counties consent, prepare regional open space and/or economic development plans, which at a minimum satisfy the requirements of RCW 36.70A.070. Once adopted by the regional organization, the open space and economic development elements of city and county comprehensive plans must be consistent with the adopted regional plans; and

(d) Perform such other functions as its member cities and counties may unanimously delegate by interlocal agreement, including preparing and updating a twenty-year population, employment, and housing forecast.

NEW SECTION. Sec. 18. A new section is added to chapter 47.80 RCW to read as follows:

REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS‑-OPTIONAL DUTIES. If a regional growth management organization has not been formed pursuant to chapter 36.70A RCW, regional transportation planning organizations may be assigned the duties of such an organization upon the consent of not less than two-thirds of the member cities and counties of the regional transportation planning organization. Upon assuming such duties, the organization shall be thereafter referred to as the regional planning organization.

PART IV - ROLE OF STATE AGENCIES

NEW SECTION. Sec. 19. STATE AGENCY CONSISTENCY REQUIRED. State agencies shall: (1) Plan in conformance with the planning goals contained in RCW 36.70A.020; (2) comply with local comprehensive plans and development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.120; (3) comply with amendments to comprehensive land use plans as provided for in RCW 36.70A.130; and (4) comply with development regulations adopted pursuant to RCW 36.70A.060. Further, each state agency shall coordinate with cities and counties its plans for the provision of urban government services, public utilities, and public facilities to serve designated urban growth areas. Whenever an urban growth area is designated in a comprehensive plan, the Washington utilities and transportation commission shall determine whether a certificate of public convenience and necessity has been issued for the area pursuant to RCW 80.28.190 and, if a certificate has not been issued, shall amend an existing certificate or issue a new certificate to include all of the urban growth area within the area covered by such a certificate. In any review of an action or proposed action by a public service company, including but not limited to tariff and rate changes, expenditures, issuance of securities, and capital budgets, the Washington utilities and transportation commission shall rely upon the twenty-year population, housing, and employment forecasts prepared pursuant to RCW 43.62.035, designation of land uses, and all other provisions of each applicable comprehensive plan, including but not limited to the public utility elements of such plans, for the matters included therein.

NEW SECTION. Sec. 20. OPEN SPACE PLAN‑-STATE AGENCIES SHALL COOPERATE. To foster the efforts of counties and cities to identify and protect open space networks in their comprehensive plans and development regulations as required in this chapter, by January 1, 1992, all state agencies shall report to the interagency committee for outdoor recreation any state lands within their management jurisdiction that should be designated public open space lands. The interagency committee shall then compile this information into a state plan and provide the plan to each city and county planning pursuant to this chapter.

Sec. 21. RCW 43.62.035 and 1990 1st ex.s. c 17 s 32 are each amended to read as follows:

DETERMINATION OF POPULATION‑-COUNTIES‑-CERTIFICATE‑-POPULATION, EMPLOYMENT, AND HOUSING FORECAST. (1) The office of financial management shall determine the population of each county and city of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county and city. The office of financial management also shall determine the percentage increase in population for each county and city over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination. At least once every ((~~ten~~)) five years the office of financial management shall prepare a twenty-year population, employment, and housing forecast required by RCW 36.70A.110 for each county that adopts a comprehensive plan under RCW 36.70A.040.

(2) Proceedings to establish the twenty-year population, employment and housing forecast required by subsection (1) of this section shall be governed by the rule-making procedures of chapter 34.05 RCW. Prior to adopting the forecast, the office of financial management shall consult with the economic and revenue forecast council, the department of trade and economic development, the department of community development, and affected counties and cities. State and local statistical data developed for redistricting and private sector forecasts shall also be considered. By January 1, 1992, and every five years thereafter, the forecast shall be updated and filed with the secretary of state accompanied by comments of consulted agencies and an explanation of how the comments of consulted agencies have been incorporated. When the forecast varies significantly from a comparable forecast prepared by an affected county, city, or regional organization, the office shall offer specific reasons for the variation.

Sec. 22. 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. 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, and other relevant factors.

(3) The department shall develop and administer a grant program to provide direct financial assistance to counties ((~~and~~)), cities, and regional growth management organizations 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 designation of 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 give special funding priority in particular to cities and counties that are members of a regional growth management organization, when such organization has been assigned responsibility to prepare regional open space and economic development plans.

(5) 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 comprehensive plans 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)~~)) (6) 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)~~)) (7) The department shall provide planning grants to enhance citizen participation under RCW 36.70A.140.

(8) Upon the request of a regional growth management organization the department shall assign to the organization its responsibilities under subsections (5) and (6) of this section.

(9) Grants awarded under this section may be suspended by the governor for noncompliance with this chapter.

PART V - DISPUTE RESOLUTION COUNCILS

NEW SECTION. Sec. 23. DISPUTE RESOLUTION COUNCILS CREATED‑-PURPOSE. (1) There are hereby created three dispute resolution councils for the state of Washington. Each council shall commence its operations on January 1, 1992. The councils shall be established as follows:

(a) An Eastern Washington council with jurisdictional boundaries including all counties which are required to or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains;

(b) A Northwest Washington council with jurisdictional boundaries including Whatcom, Skagit, San Juan, Island, Snohomish, King, Pierce, Kitsap, and Thurston counties; and

(c) A Southwest Washington council with jurisdictional boundaries including all counties which are required to or choose to plan under RCW 36.70A.040 and are located west of the crest of the Cascade mountains and are not included within the Northwest Washington council jurisdictional boundaries. Skamania county, should it be required or choose to plan under RCW 36.70A.040, may elect to be included within the jurisdictional boundaries of either the Southwest or Eastern council.

(2) Each council shall only hear matters pertaining to the cities and counties located within its jurisdictional boundaries. The purpose of dispute resolution councils is to provide for expeditious and efficient disposition of appeals with respect to the comprehensive plans and development regulations required by chapter 36.70A RCW; ensure that compliance is achieved with the requirements of chapter 36.70A RCW; and ensure that the goals of chapter 36.70A RCW are reflected in the twenty-year population, housing, and employment forecasts adopted by the office of financial management.

NEW SECTION. Sec. 24. COUNCIL MEMBERS‑-QUALIFICATIONS‑-APPOINTMENT. (1) Each dispute resolution council shall consist of three members qualified by experience or training in matters pertaining to land use planning and growth management and residing within the jurisdictional boundaries of the council. At least one member of each council must be admitted to practice law in this state and at least one member shall have been a city or county elected official. Each council shall be appointed by the governor with the advice and consent of the senate, and not more than two of whom at the time of appointment or during their term shall be members of the same political party.

(2) Members of a council shall be appointed for a term of six years and until the successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. The terms of the first three members of a council shall be staggered so that one member shall be appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998.

NEW SECTION. Sec. 25. COUNCIL COMPENSATION, CONDUCT, REMOVAL‑-OPERATING PROCEDURES. (1) Each council shall be governed by the rules of conduct, compensation, and procedure established for the pollution control hearings board as set forth in RCW 43.21B.040 through 43.21B.100 and the office of each council shall be located by the governor within the jurisdictional boundaries of each council.

(2) Each council may use hearings officers in the same manner as other boards within the environmental hearings office. The hearings officers appointed by each council shall have demonstrated knowledge of land use planning and law. The power, duties, and qualifications of an officer shall be the same as those set forth in RCW 43.21B.005 for appeals judges.

(3) Formal and informal proceedings by a council shall be governed by RCW 43.21B.140 through 43.21B.160. Unless otherwise specified in this chapter, council proceedings shall be governed by chapter 34.05 RCW and specifically where applicable, RCW 34.05.558 through 34.05.574. Each council shall adopt such supplemental rules as it deems necessary to govern council practices and procedures, including rules regarding expeditious and summary disposition of appeals.

NEW SECTION. Sec. 26. DISPUTE RESOLUTION COUNCIL‑-JURISDICTION. (1) Each council shall only have jurisdiction to hear and decide the following:

(a) Appeals regarding compliance of a city or county with the requirements and deadlines of chapter 36.70A RCW;

(b) Appeals regarding the twenty-year forecasts adopted by the office of financial management pursuant to RCW 43.62.035; and

(c) Appeals or decisions regarding essential public development and public utilities as provided for in section 29 of this act.

(2) Council decisions on an appeal shall be published within forty‑five days following the close of the appeal hearing. In its action on an appeal a council may affirm, set aside, or remand all or part of the appealed decision for further proceedings in accordance with instructions and a schedule for action.

(3) Each council shall limit its review of appealed decisions to determining whether the city, county, special district or state agency has exercised its discretion in accordance with the planning goals set forth in RCW 36.70A.020; such other requirements of chapter 36.70A RCW or RCW 43.62.035 that may be applicable; and the requirements of chapter 43.21C RCW. Under no circumstances, unless specifically provided for by chapter 34.05 RCW, shall a council undertake de novo review of an appealed decision or exercise the discretion that the legislature has delegated to the city, county, special district, or state agency. To affirm all or part of an appealed decision, a council must determine that the decision is supported by substantial evidence in the record before a council.

(4) There will be no judicial appeal of council orders regarding the twenty-year forecasts. Other final orders of a council shall be subject to judicial review pursuant to RCW 34.05.510 through 34.05.598. A petition for judicial review by a party to a council proceeding who is aggrieved by the final order of a council shall be filed in Thurston county superior court and served on the indispensable parties within thirty days of the date of the final order of a council.

NEW SECTION. Sec. 27. APPEALS‑-PRESUMPTION OF VALIDITY‑-BURDEN OF PROOF‑-PLANS AND REGULATIONS. (1) Any affected city, county, special district, state agency, or any organization or property owner directly aggrieved and qualified pursuant to RCW 34.05.530 may appeal to the appropriate dispute resolution council matters within the jurisdiction of the council. Appeals shall be by a verified petition setting forth a detailed statement of appeal issues. All petitions must be filed with a council within thirty days of the date the appealed decision is final.

(2) Comprehensive plans, development regulations, and amendments thereto adopted under this chapter are presumed valid upon adoption. In any appeal to a dispute resolution council, the requestor shall have the burden of demonstrating that the comprehensive plan, development regulation, or amendment is not consistent with the planning goals or requirements of chapter 36.70A RCW. In reviews of development regulations, when consistency of the development regulation with the comprehensive plan of a city or county is at issue, the requesting party must also bear the burden of demonstrating that the development regulation or amendment is not consistent with the applicable comprehensive plan.

NEW SECTION. Sec. 28. APPEAL CERTIFICATION. (1) Concurrently with the filing of an appeal petition with a council, the requestor shall file a copy of the petition with the attorney general. If it appears to the attorney general that the requestor qualifies under RCW 34.05.530, and has valid reasons to seek review, the attorney general shall certify the request within thirty days after its receipt to the appropriate council. A council shall then, but not otherwise, review the matter presented by the requestor. The failure to obtain such certification shall not preclude the requestor from obtaining judicial review under any right to review otherwise available to the requestor.

(2) A council shall initially schedule review proceedings on an appeal without regard to whether such request has been certified. If at the end of the thirty-day period for certification the attorney general has not certified a petition, the council shall remove the appeal from its review schedule.

NEW SECTION. Sec. 29. COUNCIL--ESSENTIAL PUBLIC DEVELOPMENT AND PUBLIC UTILITIES. An applicant may appeal to a council a city or county decision on an essential public development or public utility as defined in RCW 36.70A.030. Council action on such an appeal shall be based on the record before the city or county, supplemented with new evidence only if the council determines specifically that such new information would be of substantial assistance to the council in reaching its decision. The appeal shall be processed in the same manner as other appeals to a council, subject to those requirements of this chapter applicable to council proceedings.

NEW SECTION. Sec. 30. COUNCIL‑-ORDER OF NONCOMPLIANCE. (1) In rendering a decision on an appeal a council may find a county or city in noncompliance with chapter 36.70A RCW if:

(a) A county or city that is required or chooses to plan under RCW 36.70A.040 does not enact its comprehensive plan or development regulations by the deadlines specified in RCW 36.70A.040 and 36.70A.120; or

(b) If a council has heard an appeal and its order is final, and the county or city has not complied with the order within the time period specified by the council.

(2) An order of noncompliance shall be issued only after public notice, notice to the affected agency, and public hearing. An order of noncompliance shall be delivered to the governor with a request that sanctions be imposed pursuant to chapter 36.70A RCW. A council shall retain jurisdiction after issuing an order of noncompliance and continue to advise the governor on the imposition of sanctions until the county or city is found by the council to be in compliance.

NEW SECTION. Sec. 31. SANCTIONS FOR NONCOMPLIANCE. The governor may impose sanctions for noncompliance with this chapter only after a dispute resolution council renders an order of noncompliance.

(1) For a first order of noncompliance the governor may:

(a) Suspend any technical assistance grants provided pursuant to RCW 36.70A.190; or

(b) Suspend the real estate excise tax authorized by RCW 82.46.010 and/or 82.46.035.

(2) For a second order of noncompliance the governor may:

(a) Continue the sanction previously imposed; and

(b) Impose additional sanctions authorized by subsection (1) of this section.

(3) For a third order of noncompliance the governor may:

(a) Continue the sanctions previously imposed;

(b) Impose additional sanctions authorized by subsection (1) of this section; and

(c) Notify and direct the state treasurer to withhold the portion of motor vehicle excise tax revenues to which the city or county is entitled as provided in RCW 82.44.150.

(4) Upon notice from the appropriate council that the city or county is in compliance with this chapter the governor shall terminate any sanctions that have been imposed and direct dispersal of any funds withheld from the city or county.

NEW SECTION. Sec. 32. A new section is added to chapter 82.44 RCW to read as follows:

WITHHOLDING REVENUE‑-NONCOMPLIANCE. The governor may notify and direct the state treasurer to withhold the revenues to which the county or city is entitled under this chapter if a county or city is found by a dispute resolution council to be in noncompliance with chapter 36.70A RCW.

PART VI - OTHER PROVISIONS

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

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 annexation is consistent with the annexation element of an applicable city comprehensive plan. However, annexation or incorporation shall not occur outside of an urban growth area designated by a county pursuant to 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, and all cities within the county, have adopted a comprehensive plan and development regulations pursuant to chapter 36.70A RCW, the county may, at the discretion of the county legislative authority, disband the boundary review board in that county.

NEW SECTION. Sec. 35. TREATY RIGHTS. Nothing in this chapter is intended to, or may be construed to, directly or indirectly, alter, create, confer, or imply new rights, nor to reduce, enlarge, or expand existing rights, except as expressly stated in this chapter. An obligation on the party of a county to consult with other governmental agencies or federally recognized tribal governments shall not be construed to create a right of consultation or participation. Failure or refusal of a consulted party to participate, negotiate, or agree to any proposal shall not create a claim or cause of action, and the consulting party is entitled to proceed in the best interests of the jurisdiction.

NEW SECTION. Sec. 36. A new section is added to chapter 36.70 RCW to read as follows:

CONFORMANCE WITH CHAPTER 36.70A RCW REQUIRED. For counties subject to chapter 36.70A RCW, the exercise of any power or authority by a county or city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 36.70A RCW.

NEW SECTION. Sec. 37. A new section is added to chapter 35.63 RCW to read as follows:

CONFORMANCE WITH CHAPTER 36.70A RCW REQUIRED. For counties and cities subject to chapter 36.70A RCW, the exercise of any power or authority by a county or city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 36.70A RCW.

NEW SECTION. Sec. 38. A new section is added to chapter 35.63A RCW to read as follows:

CONFORMANCE WITH CHAPTER 36.70A RCW REQUIRED. For cities subject to chapter 36.70A RCW, the exercise of any power or authority by a city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 36.70A RCW.

NEW SECTION. Sec. 39. A new section is added to chapter 43.21C RCW to read as follows:

CONFORMANCE WITH CHAPTER 36.70A RCW REQUIRED. (1) The exercise of any power or authority under this chapter shall be subject to and in conformity with the requirements of chapter 36.70A RCW.

(2) Each comprehensive plan required by chapter 36.70A RCW shall include an environmental management element that demonstrates that the comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 has been reviewed, pursuant to this chapter by such county or city prior to final adoption. Such element shall also constitute the nonproject environmental impact statement. A dispute resolution council established by chapter 43.21B RCW shall have the authority to consolidate an appeal on compliance with this chapter with the appeal on a comprehensive plan, development regulation, or amendment thereto. After adoption of such comprehensive plan, this chapter may not be used to reconsider matters evaluated in the environmental management element of a comprehensive plan adopted pursuant to chapter 36.70A RCW.

NEW SECTION. Sec. 40. A new section is added to chapter 58.17 RCW to read as follows:

CONFORMANCE WITH CHAPTER 36.70A RCW REQUIRED. The exercise of any power or authority pursuant to this chapter including technical assistance, and funding to cities and counties shall be subject to and in conformity with the requirements of chapter 36.70A RCW.

NEW SECTION. Sec. 41. A new section is added to chapter 90.48 RCW to read as follows:

NEW SECTION. Sec. 42. A new section is added to chapter 90.58 RCW to read as follows:

NEW SECTION. Sec. 43. A new section is added to chapter 90.70 RCW to read as follows:

NEW SECTION. Sec. 44. CONFORMANCE WITH CHAPTERS 80.50, 76.09, AND 70.105 RCW REQUIRED. Nothing in this chapter alters, diminishes, modifies, or otherwise affects any provision of chapters 80.50, 76.09, and 70.105 RCW.

NEW SECTION. Sec. 45. CONFORMANCE WITH CHAPTERS 80.50, 76.09, AND 70.105 RCW REQUIRED. Nothing in this chapter alters, diminishes, modifies, or otherwise affects any provision of chapters 80.50, 76.09, and 70.105 RCW.

NEW SECTION. Sec. 46. 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. 47. HEADINGS. Part and section headings and the table of sections as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 48. CODIFICATION. (1) Sections 11, 12, 16, 17, 19, 20, 31, 35, 44, 46, and 47 of this act are each added to chapter 36.70A RCW.

(2) Sections 23 through 30 and 45 of this act are each added to chapter 43.21B RCW.