S-3654.1          _______________________________________________


                                 SENATE BILL 6443



State of Washington              52nd Legislature             1992 Regular Session


By Senators Bluechel, Snyder and McCaslin


Read first time 01/30/92.  Referred to Committee on Governmental Operations.Delaying certain growth management deadlines.

     AN ACT Relating to growth management deadlines; amending RCW 36.70A.060 and 36.70A.210; and declaring an emergency.




     Sec. 1.  RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:

     (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 resource lands designated under RCW 36.70A.170.  Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.120.  Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.  Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.

     (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170.  For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991.  For the remainder of the counties and cities, such development regulations shall be adopted on or before ((March)) June 1, 1992.

     (3) Such counties and cities shall review these designations and development regulations 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.

     (4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.


     Sec. 2.  RCW 36.70A.210 and 1991 sp.s. c 32 s 2 are each amended to read as follows:

     (1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas.  For the purposes of this section, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter.  This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100.  Nothing in this section shall be construed to alter the land-use powers of cities.

     (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the county as follows:

     (a) No later than sixty calendar days from July 16, 1991, the legislative authority of the county shall convene a meeting with representatives of each city for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county-wide planning policy;

     (b) The process and framework for adoption of a county-wide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith;

     (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340;

     (d) If there is no agreement by October 1, 1991, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement.  If the governor deems it appropriate, the governor may immediately request the assistance of the department of community development to mediate any disputes that preclude agreement.  If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section.  The governor shall specify the reason or reasons for the imposition of any sanction; and

     (e) No later than ((July)) October 1, 1992, the legislative authority of the county shall adopt a county-wide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county-wide planning policy.

     (3) A county-wide planning policy shall at a minimum, address the following:

     (a) Policies to implement RCW 36.70A.110;

     (b) Policies for promotion of contiguous and orderly development and provision of urban services to such development;

     (c) Policies for siting public capital facilities of a county-wide or state-wide nature;

     (d) Policies for county-wide transportation facilities and strategies;

     (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;

     (f) Policies for joint county and city planning within urban growth areas;

     (g) Policies for county-wide economic development and employment; and

     (h) An analysis of the fiscal impact.

     (4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process.  Adopted county-wide planning policies shall be adhered to by state agencies.

     (5) Failure to adopt a county-wide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340.  In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a county-wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy.

     (6) Cities and the governor may appeal an adopted county-wide planning policy to the growth planning hearings board within sixty days of the adoption of the county-wide planning policy.

     (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.  Such policies must be adopted by January 1, 1993.


     NEW SECTION.  Sec. 3.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.