CERTIFICATION OF ENROLLMENT

SENATE BILL 5507

Chapter 332, Laws of 2003

58th Legislature
2003 Regular Session



GROWTH MANAGEMENT HEARINGS BOARD--STANDING



EFFECTIVE DATE: 7/27/03

Passed by the Senate April 17, 2003
  YEAS 47   NAYS 2

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 10, 2003
  YEAS 95   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5507 as passed by the Senate and the House of Representatives on the dates hereon set forth.

MILTON H. DOUMIT JR.
________________________________________    
Secretary
Approved May 16, 2003.








GARY LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
May 16, 2003 - 3:45 p.m.







Secretary of State
State of Washington


_____________________________________________ 

SENATE BILL 5507
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2003 Regular Session
State of Washington58th Legislature2003 Regular Session

By Senators T. Sheldon and Mulliken

Read first time 01/28/2003.   Referred to Committee on Land Use & Planning.



     AN ACT Relating to standing before growth management hearings boards; amending RCW 36.70A.280; and creating a new section.

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

NEW SECTION.  Sec. 1   This act is intended to codify the Washington State Court of Appeals holding in Wells v. Western Washington Growth Management Hearings Board, 100 Wn. App. 657 (2000), by mandating that to establish participation standing under the Growth Management Act, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the growth management hearings board.

Sec. 2   RCW 36.70A.280 and 1996 c 325 s 2 are each amended to read as follows:
     (1) A growth management hearings board shall hear and determine only those petitions alleging either:
     (a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or
     (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
     (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.
     (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
     (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
     (5)
When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
     The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
     If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.


         Passed by the Senate April 17, 2003.
         Passed by the House April 10, 2003.
         Approved by the Governor May 16, 2003.
         Filed in Office of Secretary of State May 16, 2003.