BP BHEAD INT H

AN ACT Relating to air transportation planning; amending RCW 36.70A.070, 36.70A.106, 36.70A.200, 47.68.010, 47.68.070, 47.80.030, and 43.21C.030; adding a new section to chapter 14.08 RCW; adding a new section to chapter 47.68 RCW; adding a new section to chapter 19.27 RCW; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 64.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) Air transportation is becoming increasingly critical to the state's economy and the well-being of its citizens;

(2) An efficient air transportation system is important to the state's continued competitive success in the national and global economies;

(3) Air transportation infrastructure is a crucial element of the state's air transportation system;

(4) Cooperation among and appropriate involvement by individuals, organizations, and agencies affected by the state's air transportation system is crucial to its efficient, effective, and equitable planning, implementation, and operation;

(5) Incompatible land uses around airports represent barriers to efficient and equitable operation of the state airport system;

(6) Concurrent mitigation of environmental impacts resulting from airport development, expansion, and operations should be a significant element of air transportation planning;

(7) An efficient, balanced multimodal transportation system is critical to maintaining a high quality of life in the state;

(8) Current planning and implementation of the air transportation system in the state rely heavily on federal and local government initiative and responsibility, resulting in uncertain identification and satisfaction of the state's interests;

(9) The federal role in the state's air transportation system is diminishing, further threatening its effective, efficient, and equitable planning and implementation.

Therefore, an expanded state role and increased responsibilities for state, local, and regional governments are required to foster the integration of air and surface transportation and ensure state leadership in assuring that the air transportation system meets the future needs of the state's citizens for a healthy economy and a positive quality of life.

NEW SECTION. Sec. 2. A new section is added to chapter 14.08 RCW to read as follows:

An airport or other air navigation facilities of state-wide significance shall (1) prepare a long-range plan to ensure that future capacity needs can be met; (2) prepare mitigation plans to ensure that negative environmental impacts are addressed adequately within a reasonable time frame; (3) actively participate in the regional transportation planning and programming process; (4) participate in developing guidelines for land use compatibility elements; (5) assist in the development of a functional classification system for airports; (6) participate in developing the environmental mitigation concurrency guidelines required by RCW 47.68.070.

Sec. 3. RCW 36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:

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

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

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses. The land use element shall 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 the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

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

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

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

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

(a) Land use assumptions used in estimating travel;

(b) Facilities and services needs, including:

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

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

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

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

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

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

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

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

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

(e) Demand-management strategies;

(f) A subelement that prevents future incompatible land uses around airports. The subelement must be based upon guidelines developed by the department of transportation that equitably reflect the rights and obligations of all parties, including both airports and affected communities. Local jurisdictions must coordinate with relevant regional transportation planning organizations when planning for land use around airports.

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) "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.

Sec. 4. RCW 36.70A.106 and 1991 sp.s. c 32 s 8 are each amended to read as follows:

(1) Each county and city proposing adoption of a comprehensive plan or development regulations under this chapter shall notify the department of its intent to adopt such plan or regulations at least sixty days prior to final adoption. State agencies including the department may provide comments to the county or city on the proposed comprehensive plan, or proposed development regulations, during the public review process prior to adoption. Before adopting any such plan or regulation each local jurisdiction must receive certification from the secretary of transportation that any comments on such plans or regulations by the secretary relating to the jurisdiction's land use compatibility subelement have been sufficiently addressed to satisfy the state's interest as defined in the state airport system plan.

(2) Each county and city planning under this chapter shall transmit a complete and accurate copy of its comprehensive plan or development regulations to the department within ten days after final adoption.

(3) Any amendments for permanent changes to a comprehensive plan or development regulation that are proposed by a county or city to its adopted plan or regulations shall be submitted to the department in the same manner as initial plans and development regulations under this section. Any amendments to a comprehensive plan or development regulations that are adopted by a county or city shall be transmitted to the department in the same manner as the initial plans and regulations under this section.

(4) If the department of transportation determines that local plans do not provide for compatible land uses around airports and the local government does not implement the department's comments about compatibility, the department may require the local government to modify its plans by incorporating the department's recommendations. The department may exercise this authority after it has (a) clearly advised local governments of the legal standards it will employ in its review and of the department's guidelines for the land use compatibility elements; and (b) worked with local governments to provide timely guidance and technical assistance in the preparation of their land use compatibility elements.

Sec. 5. 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 at least 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 systems, 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.

Sec. 6. RCW 47.68.010 and 1947 c 165 s 2 are each amended to read as follows:

((~~It is hereby declared that~~)) The purpose of this chapter is to further the public interest ((~~and aeronautical progress~~)) through the development of a safe, effective, equitable, and efficient air transportation system that supports the state's economy and promotes a positive quality of life by providing for the protection and promotion of safety in aeronautics; by cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations; by granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, ((~~assist~~)) including assisting in the development of a state-wide system of airports, ((~~cooperate~~)) guided by a state-wide aviation plan developed in cooperation with affected parties; by cooperating with and ((~~assist~~)) assisting the municipalities of this state and others engaged in aeronautics((~~, and encourage and develop aeronautics~~)) and encouraging cooperation among airports within Washington state and between airports in this state and those of other states and provinces where it is in the best interest of the citizens of Washington state; by ensuring that necessary existing airport capacity is preserved and necessary new capacity needs are met; by ensuring that needed environmental mitigation, including noise mitigation, is carried out concurrently with airport expansion projects undertaken by municipalities of this state; by developing guidelines for land use compatibility around airports and ensuring that these guidelines are reflected in local comprehensive plans; by establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.

Sec. 7. RCW 47.68.070 and 1984 c 7 s 344 are each amended to read as follows:

((The department has general supervision over aeronautics within this state. It is empowered and directed to encourage, foster, and assist in the development of aeronautics in this state and to encourage the establishment of airports and air navigation facilities. It shall cooperate with and assist the federal government, the municipalities of this state, and other persons in the development of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies and persons. Municipalities are authorized to cooperate with the department in the development of aeronautics and aeronautical facilities in this state.)) The secretary must provide state leadership and action to ensure that the planning, siting, and expansion of airports address state-wide and regional capacity needs. The secretary of transportation or the secretary's designees may plan and implement actively and cost-effectively, in cooperation with airport owners and appropriate local and regional jurisdictions (1) a state-wide air transportation system that makes flexible use of existing facilities, responds efficiently and equitably to various demands within the state and adjoining states and provinces, and minimizes additional public investments; (2) policies that define and assign functions and roles of individual airports to maximize their efficient and effective contribution to the air transportation system; (3) concurrency between airport expansion plans and impact mitigation plans; (4) programs that support mitigation in communities impacted by airports; (5) programs that make convenient and efficient linkages between transportation modes and permit travelers to choose between or among alternative modes, including teleconferencing and telecommuting; (6) expansion of existing airports; (7) siting, funding, sponsorship, and governance of new airports; (8) land banking, acquisition, and, if necessary, operation of airports; (9) funding and revenue transfers within the system, administering federal block grants, assessing fees, and employing transportation funds, revenue bonds, or general obligation bonds as necessary to exercise the general powers of this section without relying upon the state general fund.

NEW SECTION. Sec. 8. A new section is added to chapter 47.68 RCW to read as follows:

The secretary shall establish an advisory body to consult regularly with respect to the implementation of the powers granted in RCW 47.68.070. The body shall at a minimum include representation from major airport operators, airlines, general aviation, local governments, communities impacted by airports, and the private sector from eastern and western Washington. This body should be attentive to relevant technological developments and collect and disseminate information to the units of the system.

The department shall develop and maintain a state airport system plan, in cooperation with representatives of major airport operators, airlines, general aviation, local governments, communities impacted by airports, the private sector from western and eastern Washington, and the federal aviation administration, that establishes necessary criteria and a functional classification system to designate airports of state-wide significance; assesses future air transportation demand and defines air transportation capacity needs state-wide; addresses issues related to commercial air service; assesses performance of surface transportation connections to airport facilities; and establishes a framework for targeting the allocation of state funds.

The department shall establish the criteria and designate existing and planned airports of state-wide significance and an air transportation system of state-wide significance. The department shall collect and maintain the necessary information to support the designations and shall propose designations.

The department shall establish policy guidance through service objectives, concentrating on airports of state-wide significance and an air transportation system of state-wide significance, to assess the future air transportation demand and air transportation capacity needs; issues related to commercial air service; and performance of surface transportation connections to airport facilities.

The guidelines must address the preservation of necessary existing airports, the potential for necessary airport expansion, and the siting of necessary new facilities. The guidelines must also consider noise impacts within an appropriate Level day night (Ldn) contour of existing airports, their planned expansions, and new airport sites.

If, as part of preparing the state airport system plan the need for a new airport of state interest is identified, the plan shall identify the proposed airport as an essential public facility of state-wide significance. The department may evaluate alternative sites and possible sponsors and operators. If a sponsor or operator cannot be identified, the department may sponsor, construct, and if necessary, operate the new airport.

The department shall review regional transportation plans and local comprehensive plans for consistency with the state airport system plan and planning guidelines. The department shall provide, if necessary, written comments and require specific changes to regional transportation plans and local comprehensive plans to conform to the state airport system plan and guidelines.

Sec. 9. RCW 47.80.030 and 1990 1st ex.s. c 17 s 55 are each amended to read as follows:

(1) Each regional transportation planning organization shall:

(a) Certify that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region conform with the requirements of RCW 36.70A.070, and are consistent with regional transportation plans as provided for in (b) of this subsection;

(b) Develop and adopt a regional transportation plan that is consistent with county, city, and town comprehensive plans and state transportation plans. Regional transportation planning organizations are encouraged to use county, city, and town comprehensive plans that existed prior to July 1, 1990, as the basis of its regional transportation plan whenever possible. Such plans shall address existing or planned transportation facilities and services that exhibit one or more of the following characteristics:

(i) Physically crosses member county lines;

(ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;

(iii) Significant impacts are expected to be felt in more than one county;

(iv) Potentially adverse impacts of the facility, service, or project can be better avoided or mitigated through adherence to regional policies;

(v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance;

(c) In coordination with the department of transportation, local jurisdictions, and airport operators define air transportation needs in their regional transportation plans to preserve and enhance airports to maintain necessary existing capacity and provide for necessary new capacity;

(d) In coordination with the department of transportation, local jurisdictions, and airport operators integrate surface modes with air transportation, with the intention of providing a seamless transportation system and enhancing surface access to airports;

(e) Designate a lead planning agency to coordinate preparation of the regional transportation plan. The lead planning agency may be a regional council, a county, city, or town agency, or a Washington state department of transportation district;

((~~(d)~~)) (f) Review the regional transportation plan biennially for currency; and

((~~(e)~~)) (g) Forward the adopted plan, and documentation of the biennial review of it, to the state department of transportation.

(2) All transportation projects within the region that have an impact upon regional facilities or services must be consistent with the plan.

(3) In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation shall:

(a) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;

(b) Facilitate coordination between regional transportation planning organizations; and

(c) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or state-wide basis.

NEW SECTION. Sec. 10. A new section is added to chapter 19.27 RCW to read as follows:

By December 31, 1994, the state building code council shall adopt rules to ensure that new construction occurring within noise-impacted areas have sufficient noise insulation or other methods of mitigating noise. The council may adopt noise mitigation standards that vary depending upon the intended use of the structure. For purposes of this section, "noise-impacted area" means an area having a Level day night (Ldn) contour of sixty-five or greater.

NEW SECTION. Sec. 11. A new section is added to chapter 28A.335 RCW to read as follows:

No public school facilities built, purchased, rented, or leased after the effective date of this act may be located in severely noise-impacted areas. For purposes of this section, a severely noise-impacted area is an area within the sixty-five Level day night (Ldn) contour.

Sec. 12. RCW 43.21C.030 and 1971 ex.s. c 109 s 3 are each amended to read as follows:

The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of this state, including state agencies, municipal and public corporations, and counties shall:

(a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man's environment;

(b) Identify and develop methods and procedures, in consultation with the department of ecology and the ecological commission, which will insure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations;

(c) Include in every recommendation or report on proposals for legislation and other major actions significantly affecting the quality of the environment or that would be significantly affected by a proposed or existing airport facility, a detailed statement by the responsible official on:

(i) The environmental impact of the proposed action;

(ii) Any adverse environmental effects which cannot be avoided should the proposal be implemented;

(iii) Alternatives to the proposed action;

(iv) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; ((~~and~~))

(v) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented; and

(vi) For developments proposed within fifty-five Level day night (Ldn) contour of an existing airport facility, or within a five-mile radius of a planned airport facility, the statement must specifically consider the noise impacts upon the proposed development caused by existing or planned airport facilities, and must consider and discuss reasonable measures that can be incorporated into the project design that would significantly mitigate the noise impacts upon the development caused by the planned or existing airport facility;

(d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any public agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, province, state, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the governor, the department of ecology, the ecological commission, and the public, and shall accompany the proposal through the existing agency review processes;

(e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources;

(f) Recognize the world-wide and long-range character of environmental problems and, where consistent with state policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment;

(g) Make available to the federal government, other states, provinces of Canada, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;

(h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects.

NEW SECTION. Sec. 13. A new section is added to chapter 64.04 RCW to read as follows:

(1) Before closing, the seller of real property or the seller's broker or salesperson must disclose, if applicable, that the real property is located within a noise-impact area having a Level day night (Ldn) contour of fifty-five or greater.

(2) Disclosure must be made on a form adopted in rule and provided by the director of licensing.

(3) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.