BP BHEAD INT H

AN ACT Relating to transportation facilities siting; amending RCW 36.70A.200; and adding new sections to chapter 47.68 RCW.

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

NEW SECTION. Sec. 1. Many transportation facilities are exceedingly difficult to site and expand, even though they may have crucial state-wide significance because of their social and economic importance to the state. Therefore, the legislature finds that transportation facilities of state-wide significance must be adequately addressed and that a new process is needed to accomplish this. The new process shall resolve situations in which regional planning processes are unable to agree upon approaches for addressing significant transportation needs within regional transportation plans. The process is also designed to ensure that transportation needs are adequately addressed in regional transportation planning and local comprehensive plans.

NEW SECTION. Sec. 2. The secretary may declare an impasse and a threat to an important state interest and request the commission to appoint a transportation advisory panel if (1) the secretary determines that a regional transportation plan does not satisfactorily address the state's interest with respect to planning for transportation needs either through siting, expansion, or provision of alternative modes. The determination relates only to facilities of state-wide significance or a transportation system of state-wide significance; (2) there has been ample time for addressing transportation in the regional transportation plan and local comprehensive plans, but either no decision has been reached or the process has resulted in a decision that will not address transportation needs. Timelines must be identified and specified in the department's guidelines developed for regional transportation plans and land-use compatibility elements in local comprehensive plans; (3) the process by which the secretary reviews and requests changes to regional transportation plans and local comprehensive plans with respect to transportation needs has been exhausted; (4) the secretary has sought by all reasonable informal means to encourage local governments and regional bodies to cooperate in a planning and decision-making process to address transportation needs in a timely manner.

NEW SECTION. Sec. 3. The commission shall appoint a transportation advisory panel consisting of three persons who may be experts in the relevant field of transportation and experienced in making public policy. The transportation advisory panel shall review applicable reports and consult participants and experts as deemed necessary. The panel's recommendation must reflect the state-wide interest and specify in detail the obligations of all parties and timelines for meeting them under applicable statutes. The panel shall forward its recommendations to the governor, whose decision takes precedence over any decision by a growth planning hearings board.

Sec. 4. RCW 36.70A.200 and 1991 sp.s. c 32 s 1 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under this chapter shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes.

(2) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The list must include new or expanded airports of state-wide significance as defined by the department of transportation. "State-wide significance" for this and all other purposes, includes all transportation projects and facilities regardless of ownership that serve the function of transporting people and goods in substantial volume between two or more counties, regions, states, or countries. The office of financial management may at any time add facilities to the list. No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

NEW SECTION. Sec. 5. Sections 1 through 3 of this act are added to chapter 47.68 RCW.