Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Local Government & Housing Committee

HB 2992

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Extending the deadlines for the review and evaluation of comprehensive land use plan and development regulations for three years.

Sponsors: Representatives Simpson, Kenney and Springer; by request of Washington State Department of Commerce and Department of Ecology.

Brief Summary of Bill

  • Establishes a new recurring seven-year review and revision schedule for comprehensive plans and development regulations adopted under the Growth Management Act.

Hearing Date: 1/28/10

Staff: Ethan Moreno (786-7386).

Background:

The Growth Management Act (GMA) is the comprehensive land use planning framework for county and city governments in Washington. Enacted in 1990 and 1991, the GMA establishes numerous requirements for local governments obligated by mandate or choice to fully plan under the GMA (planning jurisdictions) and a reduced number of directives for all other counties and cities.

The Department of Commerce (DOC) provides technical and financial assistance to jurisdictions that must implement requirements of the GMA.

The GMA directs planning jurisdictions to adopt internally consistent comprehensive land use plans that are generalized, coordinated land use policy statements of the governing body. Comprehensive plans must address specified planning elements, each of which is a subset of a comprehensive plan. The implementation of comprehensive plans occurs through locally adopted development regulations. Although comprehensive plans may be amended, amendments to comprehensive plans, with some exceptions, may only be considered by the applicable planning jurisdiction once each year.

Comprehensive plans and development regulations are subject to continuing review and evaluation by the adopting county or city. With limited exceptions, including three-year extensions for qualifying counties with fewer than 50,000 residents and qualifying cities with fewer than 5,000 residents and provisions for jurisdictions making substantial progress with certain regulatory requirements, planning jurisdictions must review and, if needed, revise their comprehensive plans and development regulations according to a recurring seven-year statutory schedule. Jurisdictions that do not fully plan under the GMA must, except as otherwise provided, meet review and revision requirements pertaining to critical areas and natural resource lands according to this same schedule. The review schedule is as follows:

With some exceptions, only jurisdictions that are in compliance with the review and revision requirements of the GMA according to the review schedule are eligible to receive financial assistance from the Public Works Assistance Account and the Water Quality Account.

Summary of Bill:

Following the reviews of comprehensive plans and development regulations that were to be completed by jurisdictions between December 1, 2004, and December 1, 2007, counties and cities must review and, if needed, revise their comprehensive plans and development regulations to ensure the plans and regulations comply with the requirements of the GMA. The review schedule is as follows:

Qualifying counties with fewer than 50,000 residents and qualifying cities with fewer than 5,000 residents that are obligated to comply with review and revision requirements by December 1, 2007 are granted a three-year extension for meeting the review and revision requirements.

Jurisdictions that comply with the review and revision deadlines, and that demonstrate substantial progress toward compliance with the schedules for development regulations that protect critical areas or comply with three-year extension provisions, are eligible to receive financial assistance from the Public Works Assistance Account and the Water Quality Account.

Technical corrections, including the deletion of expired provisions, are included. Additionally, a provision granting a one-year extension for review and revision requirements for development regulations that protect critical areas that were to be completed between December 1, 2005, and December 1, 2007, is deleted.

Appropriation: None.

Fiscal Note: Requested January 21, 2010.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.