AN ACT Relating to land use planning; adding a new chapter to Title 64 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 58.17 RCW.

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

NEW SECTION. Sec. 1. The state of Washington is a naturally beautiful, pleasant, and healthy place in which to live. It is the policy of the state to maintain and retain patterns of land use in the state in a condition that ensures a high standard of livability for each citizen. This policy contemplates the establishment of a program that promotes both environmental protection and economic well-being. It is a policy that promotes the public interest in the use of all lands in the state while also protecting private landowners against unreasonable governmental limitation on the use of their lands. Further, it is a policy that, consistent with the public interest generally, supports retaining the character of the state by using land best suited for the production of food and fiber for that use. The legislature finds that while local governments have the primary responsibility of land use planning and control, there exists a need for flexibility and coordination of land use and other planning efforts at the state level and among local governments through regional organizations created by those local governments. It is the intent of the legislature that state agencies involved in land use decisions and management should both use a planning process that is similar to that used by local governments and coordinate their land use planning with that of local governments. Land use planning should consider and provide for a balance of social, economic, and environmental factors. It is the intent of the legislature to deal with land use on a state-wide policy basis by initially focusing on the prevention of urban sprawl and the preservation of agricultural lands, forest lands, and mineral resource lands. It is further the intent of the legislature to maintain an adequate renewable resource base while at the same time protecting the natural resources and environment of this state and facilitating orderly and well-planned development. To protect the health, welfare, safety, and quality of life of the residents of this state, it is necessary that state-wide policy goals for the guidance of growth and development be established to be implemented by local governments and the state of Washington. The legislature further finds that there is a need for citizen participation and visible fairness in the planning process.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "City" means any city, town, or optional municipal code city.

(2) "Commission" means the commission on resource lands established in section 3 of this act.

(3) "Comprehensive land use plan" or "comprehensive plan" means a generalized coordinated land use policy statement of the governing body of a county that is adopted pursuant to chapter 36.70 RCW, county charter provisions, or this chapter.

(4) "Department" means the department of community development.

(5) "Development regulations" mean any city, county, or regional controls placed on development or land use activities including, but not limited to, zoning ordinances, planned unit development ordinances, and subdivision ordinances.

(6) "Functional plan" means a statement of specific objectives and procedures regarding the accomplishment of a particular activity or the provision of a particular service. Functional planning is distinguished from comprehensive land use planning in that it relates primarily to a single activity or service and does not attempt, as its major purpose, to establish a relationship between that activity and other activities of the planning jurisdiction or agency, or any other jurisdiction or agency.

(7) "Land" means the land, air, and water within the jurisdiction of the state of Washington or its cities or counties.

(8) "Special district" means a local unit of government, other than a city, county, or regional organization, authorized and regulated by statute to perform a single function or a limited number of functions, and includes, but is not limited to, water districts, irrigation districts, port districts, fire districts, school districts, community college districts, public hospital districts, sewer districts, public utility districts, transportation districts, and metropolitan municipal corporations organized under chapter 35.58 RCW.

(9) "Urban growth" refers to that growth which makes intensive use of the land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of foods, fibers, or mineral resources. When allowed to spread over wide areas, it typically requires urban governmental services.

(10) "Characterized by urban growth" refers to land that has urban growth located thereon, or to land that is so located in relationship to an area with urban growth as to be appropriate for urban growth.

(11) "Urban governmental services" include those governmental services historically and typically delivered by cities. The services frequently include sewer services, water services, street cleaning services, fire and police protection services, public transportation, street lighting services, and other public utilities associated with urban areas and not normally associated with nonurban areas.

NEW SECTION. Sec. 3. (1) There is hereby established within the office of the governor a commission on resource lands which shall consist of nine members, plus the land commissioner as an ex officio, nonvoting member. The governor shall appoint the nine members of the commission as follows:

(a) Four shall be elected county executives or officials of a county legislative body, but in the alternative, the governor may appoint any one or more of the four from a list of qualified nominees submitted by the Washington state association of counties, and such nominees need not be elected county executives or officials of a county legislative body;

(b) One shall be a mayor or a member of a city legislative body, but in the alternative, the governor may appoint one member from a list of qualified nominees submitted by the association of Washington cities, and such nominees need not be elected city officials; and

At least three of the commission members shall reside east of the crest of the Cascade mountains.

(2) Except for the first members appointed to the commission, each member shall serve a term of four years. Of the members first appointed to the commission, two shall serve for a term ending June 30, 1986, two shall serve for a term ending June 30, 1987, three shall serve for a term ending June 30, 1988, and two shall serve for a term ending June 30, 1989. No member may serve more than eight years on the commission, or in the case of the elected officials, beyond the terms of their office. A commission member may be removed by the governor, but only for cause. The governor shall appoint a person to fill a vacancy on the commission and such appointed person shall, subject to senate confirmation, serve for the remainder of the predecessor's unexpired term.

(3) Each member appointed to the commission shall be subject to senate confirmation during the current or subsequent legislative session following the appointment.

NEW SECTION. Sec. 4. The compensation of members of the commission shall be fixed by the governor. The travel expense provisions of RCW 43.03.050 and 43.03.060 shall apply to the commission but the term "designated posts of duty" or "designated post of duty" as used in those provisions shall mean, when applied to commission members, the place in which they regularly reside.

NEW SECTION. Sec. 5. The governor shall select a chairperson from among the members of the commission. The commission members may select such other officers as they deem appropriate. A majority vote of the membership of the commission is necessary for any action of the commission.

NEW SECTION. Sec. 6. The commission may:

(1) Review and comment on all aspects of land use planning;

(2) Review and recommend to the legislature:

(a) Designation of activities of state concern and implementation procedures appropriate to protect the state-wide interest in such activities; and

(b) Designation of areas of critical state concern and implementation procedures appropriate to protect the state-wide interest in those areas;

(3) Review the adequacy of coordinative and planning processes of state agencies with regard to conformance with the state policy goals and compatibility with city and county comprehensive land use plans;

(4) Examine the effectiveness and adequacy of the planning process established by this chapter;

(5) Certify the plans of counties submitted pursuant to sections 13, 14, and 17 of this act;

(6) Adopt plans and development regulations prescribing land use control measures for counties that do not have certified comprehensive plans under section 18 of this act;

(7) Approve certain annexations by cities, as provided in section 24 of this act;

(8) Study the need for a coordinated permit system; and

(9) Study and report to the legislature on the need for new legislation encouraging or requiring the creation of and expanding the authorities of regional organizations.

NEW SECTION. Sec. 7. The department shall:

(1) Adopt such rules as are appropriate to enable the governor to exercise the powers specified in section 27 of this act that enable the governor to resolve conflicts between the state agencies and ensure their conformance with the state policy goals and with local planning efforts;

(2) Provide technical assistance and administrative, office, and staff support services to the commission;

(3) Provide technical and financial assistance and support to counties in the development and implementation of comprehensive land use plans;

(4) Provide technical assistance to state agencies in developing functional plans and planning processes that conform to the legislatively adopted policy goals;

(5) Cooperate with any governmental agency, person, or group of persons to fulfill the intent of this chapter;

(6) Study and recommend to the commission for inclusion in its report to the legislature, modifications to the state policy goals set forth in section 10 of this act; and

(7) Prepare a report pursuant to section 9 of this act.

NEW SECTION. Sec. 8. (1) The department may: (a) Accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies for the purposes of carrying out the provisions of this chapter; and (b) contract for the services of professional persons or organizations, or contract with any public agency, for the performance of services or the exchange of employees or services.

(2) The office shall ensure that, from the funds received under subsection (1) of this section, adequate funds are distributed to the counties to aid them in complying with this chapter.

NEW SECTION. Sec. 9. Before the end of each even-numbered year, the office shall prepare a written report for submission by the commission to the legislature describing activities and accomplishments of the department, commission, state agencies, counties, and special districts in carrying out the provisions of this chapter.

NEW SECTION. Sec. 10. Comprehensive land use plans shall be consistent with the following policy goals, which are not listed in any order of priority:

(1) To provide for the conservation and wise use of energy resources, mineral resources, and other natural resources, and to ensure that when scarce, nonrenewable resources are developed, they are developed in accordance with prudent conservation practices;

(2) To provide state and local governmental services in a manner so as to reconcile the need for economy and efficiency with the need for an improved quality of life in this state;

(3) To maintain a productive agricultural and forest land base;

(4) To preserve unique wildlife habitats;

(5) To protect natural ecosystems from incompatible use;

(6) To retain parcels of open space land in urbanizing areas;

(7) To encourage the development of publicly and privately owned parks and recreation facilities in such a manner as to provide a variety of recreational opportunities to our citizens and to assure that adequate, diversified, recreational opportunities are provided near population centers;

(8) To encourage the transition to modes of transportation that conserve energy;

(9) To encourage and provide incentives for high quality development that permits growth in accordance with public need and the physical and environmental limitations of land;

(10) To promote the adoption of regional plans, based upon existing comprehensive land use plans to the greatest extent possible, that provide a rational structure for decision-making with regard to activities of greater than local impact;

(11) To assure that major developments such as institutions, transportation facilities, major recreational facilities, and energy facilities are prudently located;

(12) To assure that citizen participation procedures shall provide an adequate opportunity early in the process for citizens, landowners, and community groups to impact local and regional land use planning decisions; and

(13) To encourage any urban growth which might occur to be located in areas already characterized by urban growth and to discourage urban growth from occurring elsewhere, while recognizing the need for recreational uses in areas not characterized by urban growth.

NEW SECTION. Sec. 11. In order to allow for urban growth, to prevent urban sprawl, to provide for the recreational needs of our citizens, to preserve unique wildlife habitats, and to preserve land for the production of food, fibers, and mineral resources, the legislature hereby adopts the following land use standards which shall apply to county comprehensive plans:

(1) Each county comprehensive plan shall contain an inventory of that land which is not already characterized by urban growth and which has, or might reasonably be expected to have, long-term importance for the production of foods, fibers, or mineral resources. This land shall be designated in the plan as agricultural land, forest land, or mineral resource land, as appropriate. Any area constituting a bog, marsh, estuary, pond, lake, aquifer, aquifer recharge area, or a watershed, which area is not characterized by urban growth and is not directly used for agricultural production, but which, nonetheless, has long-term importance for agricultural production, shall also be included in the inventory and shall be designated as agricultural land.

(2) Each county comprehensive plan shall provide for the conservation of land designated under subsection (1) of this section as agricultural, forest, or mineral resource land and shall restrict any future development thereof that:

(a) Constitutes urban growth; or

(b) Would probably lead to urban growth; or

(c) Would be incompatible with the use of or continued importance of such land for the production of foods, fibers, or mineral resources.

(3) Nothing in this chapter may be construed to affect or limit a county's authority to permit or prohibit development that does not involve the subdivision or short subdivision of land and that is under single, contiguous, private or public ownership and that is used for habitat protection, park, or recreational purposes: PROVIDED, That such development shall be permitted only if the county specifically identifies and limits such uses in its comprehensive plan and if the plan contains a finding that such land is better suited for and has more long-term importance for such particular uses than for the production of food, fibers, or mineral resources.

NEW SECTION. Sec. 12. Within nine hundred twelve days after the effective date of this act, each county shall have adopted a comprehensive land use plan and shall have furnished a copy thereof to the commission. Such plan shall have been prepared by the county to comply with sections 10 and 11 of this act.

NEW SECTION. Sec. 13. The commission shall review each county comprehensive plan and shall, subsequent to at least one hearing thereon, either reject the plan on the ground that does not comply with section 10 or 11 of this act, or certify it as being in compliance with sections 10 and 11 of this act. If the commission rejects the plan, it shall specify its reasons therefor.

NEW SECTION. Sec. 14. If the commission finds that a comprehensive land use plan submitted for certification fails to comply with section 10 or 11 of this act as a result of inadequacies that can be easily corrected, the commission may grant a provisional certification of the plan. The terms of a provisional certification shall specify the plan's inadequacies and shall require the county to correct them by a prescribed date. The commission shall review the progress made by the county in correcting the inadequacies and shall grant final certification of the plan whenever it finds that the inadequacies have been corrected. If the commission finds that the inadequacies have not been corrected by the prescribed date, unless the commission extends the time for correcting them, the plan shall be deemed "uncertified" as of the time of such finding. A plan having the status of provisional certification shall be deemed "certified" for purposes of section 16 of this act.

NEW SECTION. Sec. 15. Within fourteen hundred sixty days after the effective date of this act, each county shall have obtained the commission's certification of its comprehensive plan. All uncertified comprehensive plans in existence on and after the fourteen hundred sixty-day period and all development regulations implementing such uncertified plans shall, except as provided in section 21 of this act, continue in effect until replaced by rules adopted or revised under this chapter.

NEW SECTION. Sec. 16. Any county's comprehensive plan certified by the commission shall be conclusively presumed to comply with sections 10 and 11 of this act. This section shall not apply to any certification that the commission finds resulted from the furnishing to it of inaccurate or incomplete information or to any certification that has been appealed and on which a judicial decision is pending or to any decision made or proceeding conducted pursuant to section 28 of this act.

NEW SECTION. Sec. 17. Any amendment to or revision of a certified comprehensive plan, which amendment or revision would allow for or lead to a decrease in the area designated pursuant to section 11 of this act as agricultural land, forest land, or mineral resource land, shall be of no effect until the commission certifies that the amended or revised plan complies with sections 10 and 11 of this act. Any amended or revised plan certified by the commission shall be construed to be and shall have the same status under this chapter as a certified comprehensive plan.

NEW SECTION. Sec. 18. Subsequent to at least two public hearings thereon within the affected jurisdiction, the commission shall adopt a land use plan and development regulations for any county that has not had a comprehensive plan certified by the appropriate date prescribed for certification. However, if a county that has failed to obtain certification by that date demonstrates that it is making substantial progress toward the adoption of an appropriate comprehensive plan, the commission shall grant a reasonable extension of the certification date. All development regulations adopted under this section shall, unless the legislative body of the affected county requests otherwise, contain only those minimal provisions necessary to implement a plan that complies with the standards specified in section 11 of this act. They shall be effective only until such time as the affected county has obtained the commission's certification of a comprehensive plan.

NEW SECTION. Sec. 19. Within five hundred forty days of the certification of the jurisdiction's comprehensive plan each county shall enact development regulations that implement and do not conflict with its certified comprehensive land use plan and shall file a copy of such regulations with the commission for its review and comments. Any development regulation that conflicts with or fails to implement the jurisdiction's certified comprehensive plan shall be of no effect.

NEW SECTION. Sec. 20. (1) With respect to any area that is not designated under section 11 of this act as agricultural, forest, or mineral resource land and that is not already characterized by urban growth, the county comprehensive land use plan may contain provisions that would permit urban growth to be located in that area, but only if before adopting such provisions, the county examines the following factors:

(a) Past and future population patterns and trends;

(b) Present and potential service capacity, including but not limited to, utilities, transportation, and public protection;

(d) Suitability of the urban growth configuration;

(e) Physical characteristics of the land;

(f) Projected population density;

(g) Residential characteristics; and

(h) Plans and programs of public agencies.

(2) Before adopting any provisions to be included in a comprehensive land use plan the provisions of which would permit urban growth to be located in any area not already characterized by urban growth and not designated under section 11 of this act, the county legislative body shall conduct at least one public hearing which shall be devoted to a consideration of the provisions as they relate to the factors listed in subsection (1) of this section.

NEW SECTION. Sec. 21. (1) Within one hundred eighty days after the effective date of this act, each county shall adopt interim designations of the agricultural, forest, and mineral resource land within its jurisdiction that it finds has such long-term importance for the production of foods, fibers, or mineral resources that it probably will be so designated under section 11 of this act. In making such designations, the county shall at least consider the current and historical use of the land within its jurisdiction. Such interim designations may be amended by the county. They shall expire as of the date in which the county obtains certification of its comprehensive land use plan.

(2) Counties shall not grant any permit or application for the use or development of such land that:

(a) Constitutes urban growth; or

(b) Would probably lead to urban growth; or

(c) Would be incompatible with the use of or continued importance of such land for the production of foods, fibers, or mineral resources.

(3) In the event a county fails to make the designations required by this section within the one hundred eight-day period, then, upon proper application made therefor, the superior court shall grant such injunctive relief as appropriate to accomplish the designations required by this section. If the county fails to adopt designations within a period prescribed by the court, then the court may grant additional relief providing for the appointment of a special master to prepare such designations and the court's adoption of the designations so prepared. The governor, the department, or any person adversely affected by such failure of the county shall have the right to petition for injunctive relief under this subsection.

NEW SECTION. Sec. 22. The legislative body of any county may include as a part of its comprehensive plan, and the legislative body of any city may include as part of its comprehensive plan, an inventory of lands that possess unique and intrinsic scenic, environmental, geologic, or historic value. Such land shall be designated in the plan as unique scenic land, unique environmental land, unique geologic land, or unique historic land, as appropriate. The legislative body of a county or city may enact development regulations that implement the designation of such unique lands and that protect such lands from encroachment by incompatible land uses that destroy or would tend to destroy the unique and intrinsic value of those lands. In addition, any county or city legislative body may purchase all or a portion of the fee ownership of such unique lands, and lands immediately adjacent thereto, in order to protect such unique lands from encroachment by incompatible land uses.

NEW SECTION. Sec. 23. No city may annex territory that has been designated and certified as agricultural, forest, or mineral resource lands pursuant to section 11 of this act without first having obtained the permission of the commission for such annexation. If a city desires to annex such agricultural, forest, or mineral resource lands, it shall submit an application to the commission for permission to annex those lands. The application shall include:

(1) A description of the agricultural, forest, or mineral resource lands proposed to be annexed;

(2) A description of the proposed uses for the land that is proposed to be annexed;

(3) A demonstration of the necessity for, and a justification of, the proposed annexation, including a demonstration that other land that is not designated as agricultural, forest, or mineral resource lands and that either lies adjacent to the city or is presently within the city's boundaries, would be less suited for the proposed uses; and

(4) A demonstration that the land proposed to be annexed is better suited and has more long-term importance for the proposed uses than for the production of food, fibers, or mineral resources.

NEW SECTION. Sec. 24. Within sixty days of the receipt of an application for annexation made by a city pursuant to section 23 of this act, the commission shall hold a hearing to grant or deny its permission for such proposed annexations. The commission shall grant its permission for such proposed annexation if the city proposing the annexation justifies and demonstrates, to the satisfaction of the commission members, the necessity for such annexation pursuant to section 23(3) and (4) of this act.

NEW SECTION. Sec. 25. All special districts shall perform their activities that affect land use to conform with the state policy goals and to the comprehensive plan of the county having planning jurisdiction in the area where the activities occur, or to the city comprehensive plan of the city having planning jurisdiction in the area where the activities occur.

NEW SECTION. Sec. 26. (1) Except as provided in this section, all state agencies shall comply with the development regulations of cities and counties.

(2) If at any time a development regulation of a city or county does not allow for a proposed land use of a state agency, then that agency may receive approval for the proposed use by obtaining an extraordinary use permit from the legislative body of that city or county. Each application for an extraordinary use permit shall be made to the legislative body of the involved county or city which shall conduct a hearing thereon within thirty days from the date the application is filed. Whenever an extraordinary use permit for a particular proposal is applied for from two or more general purpose units of government within a county, all hearings shall be joint, although each legislative body shall have the sole authority to grant a permit for its respective jurisdictions.

(3) Whenever the city or county to which a state agency has applied for an extraordinary use permit under subsection (1) of this section either denies or fails to grant such an extraordinary use permit within a period of forty-five days from the date of filing of the application exclusive of any days required for preparation and circulation of an environmental impact statement, the state agency may appeal to the shorelines hearings board created in RCW 90.58.170.

The shorelines hearings board shall hold at least one hearing in the jurisdiction where the proposed state project is planned to be located. The board, within thirty days after receipt of the request for appeal, shall decide whether to issue an order directing the county or city legislative authority to grant the extraordinary use permit.

(4) The local legislative body in determining whether to grant or deny an extraordinary use permit, or the shorelines hearings board in determining whether to issue an order directing a county or city to grant an extraordinary use permit, shall consider both state and local interests and shall only grant the permit if it finds that the proposed use constitutes a state interest that justifies that the local land use regulation yield to the proposed use. The shorelines hearings board may grant the permit subject to the state agency complying with specified conditions. The legislative body and the shorelines hearings board shall adopt written findings in support of its decision concerning the issuance of an extraordinary use or conditional permit.

NEW SECTION. Sec. 27. The governor shall have the following powers and duties:

(1) To issue orders resolving land use conflicts between the functional plans of state agencies. Where conflicts involve state-owned trust lands, the governor shall comply with existing laws mandating the use of these trust lands;

(2) To issue orders assuring that state agency activities conform with the state policy goals provided in section 10 of this act;

(3) To issue orders directing state agencies to perform their land use functions in a manner consistent with county efforts to contain urban growth and preserve lands for the production of food and fibers and for mineral resources; and

(4) To adopt rules and regulations under chapter 34.04 RCW to assure initial and continuous participation by citizens in the state agencies' planning processes.

NEW SECTION. Sec. 28. (1) The following are hereby designated activities of state concern:

(a) New airports with runways of five thousand feet or longer, additions to existing airport runways that extend more than five thousand feet, and additions of one thousand feet or longer to an existing airport runway of five thousand feet or longer;

(b) New port facilities designed to serve ships of twenty-five thousand deadweight tons or greater, and modifications to existing port facilities which modifications provide the capacity to accommodate ships of fifty thousand deadweight tons or greater;

(c) Power transmission, gas, and oil lines creating new or expanding existing corridors, which corridors or expansions are ten or more miles long, and power generation facilities requiring site certification from the energy facility site evaluation council or regulated by the federal power commission;

(d) Sewer trunk lines seventy-two inches in diameter or greater, and new sewage treatment facilities or expansion of existing sewage treatment facility capacity by fifteen percent or more in system design capacity above that necessary to serve the projected population of the service area at the time installation work is expected to be completed: PROVIDED, That sewage treatment facilities that exclusively serve four or fewer residential dwelling units are not activities of state concern;

(e) New domestic and industrial water supply systems with a capacity of five cubic feet per second or more, and additions to existing water supply systems that provide an increase of fifteen percent or more in system design capacity above that necessary to serve the projected population of the service area at the time installation work is expected to be completed.

(2) A city, county, or special district shall hold at least one public hearing before granting approval of an activity of state concern. The city, county, or special district shall notify the governor at least forty-five calendar days before the required hearing. The governor, or the governor's designee, shall present any objections, in writing or in person, at the hearing. The city, county, or special district shall notify the governor of the final action within ten days of the action.

(3) If the governor determines that the final decision of the city, county, or special district permitting an activity of state concern contravenes an overriding state interest, then the governor may issue a declaration, which shall be filed with the shorelines hearings board and sent to the affected city, county, or special district within twenty calendar days after the date of the decision, stating that the state has an overriding interest in the issue and that the issue should be resolved by the shorelines hearings board. However, the governor may only issue the declaration if the governor's objections were provided to the city, county, or special district at the hearings as provided in subsection (2) of this section. Upon the filing of the declaration with the shorelines hearings board, the authority to deny approval of the activity of state concern shall be removed to the board. The board shall, after a hearing thereon and within sixty days of the filing of the governor's declaration, decide whether to deny approval of the activity of state concern. The board shall base its decision on the policy goals set forth in section 10 of this act.

(4) Pursuant to chapter 34.04 RCW, the shorelines hearings board may develop and adopt procedures to implement its responsibilities under this section. The board's proceedings on the activity of state concern shall be a "contested case" under RCW 34.04.010(3).

(5) Upon proper application made therefor by the governor, the superior court shall enforce any decision made by the shorelines hearings board under this section.

NEW SECTION. Sec. 29. Each county shall establish procedures providing for early and continuous public participation in the development of comprehensive land use plans and general ordinances implementing such plans and in the development of amendments to such plans or ordinances. The procedures shall provide for board dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. The county shall establish advisory committees to assist in carrying out its responsibilities under this chapter. Errors in exact compliance with the established procedures shall not render the land use plan invalid as long as the spirit of the procedures is observed.

NEW SECTION. Sec. 30. Each certified comprehensive land use plan shall be subject to continuing review by the originating county which shall submit a biennial report to the commission describing activities and experiences under its plan.

NEW SECTION. Sec. 31. In order that the commission can carry out its responsibilities under section 9 of this act, counties and cities shall file and maintain with the commission current copies of their comprehensive land use plans.

NEW SECTION. Sec. 32. A new section is added to chapter 35.63 RCW to read as follows:

As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners shall hear and decide applications for amending the zoning ordinance. In addition, the legislative body may vest in a hearing examiner the power to hear and decide applications for conditional uses, variances, or any other class of applications for or pertaining to land uses which the legislative body believes should be reviewed and decided by a hearing examiner. The legislative body shall prescribe procedures to be followed by the hearing examiner.

Each city or county legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the nature of the decisions made by the examiner. The nature of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:

(1) The decision may be given the effect of a recommendation to the legislative body;

(2) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or

(3) The decision may be given the effect of a final administrative decision reviewable by the superior court in the same manner as if it had been made by the legislative body.

Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's or county's comprehensive plan and the city's or county's development regulations.

NEW SECTION. Sec. 33. A new section is added to chapter 35A.63 RCW to read as follows:

As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners shall hear and decide applications for amending the zoning ordinance. In addition, the legislative body may vest in a hearing examiner the power to hear and decide applications for conditional uses, variances, or any other class of applications for or pertaining to land uses which the legislative body believes should be reviewed and decided by a hearing examiner. The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city.

Each city legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the nature of the decisions made by the examiner. The nature of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:

(1) The decision may be given the effect of a recommendation to the legislative body;

(2) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or

(3) The decision may be given the effect of a final administrative decision reviewable by the superior court in the same manner as if it had been made by the legislative body.

Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's comprehensive plan and the city's development regulations.

NEW SECTION. Sec. 34. A new section is added to chapter 36.70 RCW to read as follows:

As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative body may adopt a hearing examiner system under which a hearing examiner or hearing examiners shall hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance. In addition, the legislative body may vest in a hearing examiner the power to hear and decide conditional use applications, variance applications, applications for shoreline permits, or any other class of applications for or pertaining to land uses. The legislative body shall prescribe procedures to be followed by a hearing examiner.

Any county that vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.

Each county legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. Such legal effect may vary for the different classes of applications decided by the examiner but shall include one of the following:

(1) The decision may be given the effect of a recommendation of the legislative body;

(2) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or

(3) The decision may be given the effect of a final administrative decision reviewable by the superior court in the same manner as if it had been made by the legislative body.

Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county's comprehensive plan and the county's development regulations.

NEW SECTION. Sec. 35. A new section is added to chapter 58.17 RCW to read as follows:

As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system: (1) Under which a hearing examiner or hearing examiners shall hear and issue recommendations on proposals for preliminary plat approval; and (2) which shall prescribe procedures to be followed by the hearing examiner or hearing examiners.

NEW SECTION. Sec. 36. The department, through the attorney general, may furnish legal assistance to any county requesting such assistance that the department finds is involved in or about to be involved in costly litigation that it clearly cannot afford, which litigation:

(1) Results from the county complying or attempting to comply with the requirements of this chapter; and

(2) Could result in the thwarting of the purposes of this chapter without state legal assistance.

NEW SECTION. Sec. 37. All administrative actions taken by the commission, office, or governor shall conform to chapter 34.04 RCW. Each certification proceeding under this chapter shall constitute a "contested case" under chapter 34.04 RCW, and any governmental agency, organization, person, or group of persons whose interests might be substantially affected by the outcome of the proceedings shall have the right to intervene in the proceedings and to appeal the decision granting or denying certification.

NEW SECTION. Sec. 38. The commission shall adopt procedural rules governing the manner in which county comprehensive plans shall be certified. The commission shall not have the authority to adopt any rules providing substantive standards or criteria on which to base its certification decisions.

NEW SECTION. Sec. 39. Except for two supervisory employees, all persons employed by the department for the administration of this chapter shall be employed subject to the provisions of chapter 41.06 RCW.

NEW SECTION. Sec. 40. All planning that this chapter requires a county to perform shall be performed in conformity to chapter 36.70 or 35.63 RCW, whichever is appropriate: PROVIDED, That a charter county may perform its planning activities under charter provisions as an incidence of its inherent home rule authority. Any county that adopts a comprehensive land use plan conforming to the definition of "comprehensive land use plan" in section 2(3) of this act is deemed to have complied with RCW 36.70.020(6) and 36.70.330.

NEW SECTION. Sec. 41. All land subject to chapter 90.58 RCW, the shoreline management act, shall continue to be managed under it as if this chapter had never been enacted: PROVIDED, That counties and cities may use a hearing examiner to hear and issue recommendations on applications for shoreline development permits as provided in sections 31 through 33 of this act. Nothing in this act grants to any county or city the authority to adopt any development rule that conflicts with RCW 76.09.240.

NEW SECTION. Sec. 42. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 43. Sections 1 through 31 and 36 through 41 of this act shall constitute a new chapter in Title 64 RCW.