CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6085

 

                   Chapter 162, Laws of 1992

 

                               

 

 

                        52nd Legislature

                      1992 Regular Session

 

 

BOUNDARY REVIEW BOARDS‑-ACTIONS NOT SUBJECT TO REVIEW‑-REVISIONS

 

 

                    EFFECTIVE DATE:  6/11/92

Passed by the Senate March 9, 1992

  Yeas 43   Nays 2

 

 

 

               JOEL PRITCHARD

President of the Senate

 

Passed by the House March 3, 1992

  Yeas 96   Nays 0

               CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6085 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

                   JOE KING

Speaker of the

       House of Representatives

             GORDON A. GOLOB

                                 Secretary

 

 

Approved April 1, 1992 Place Style On Codes above, and Style Off Codes below.

                                     FILED          

 

                April 1, 1992 - 10:44 a.m.

 

 

 

               BOOTH GARDNER

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                            SUBSTITUTE SENATE BILL 6085

                  _______________________________________________

 

                              AS AMENDED BY THE HOUSE

 

                     Passed Legislature - 1992 Regular Session

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senate Committee on Governmental Operations (originally sponsored by Senators Bauer, McCaslin, Sutherland, Sellar, Madsen and Vognild)

 

Read first time 01/23/92.Providing for waiver of review of water and sewer extensions by boundary review board.


     AN ACT Relating to boundary review boards; amending RCW 36.93.100; and adding a new section to chapter 36.93 RCW.

 

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

 

     Sec. 1.  RCW 36.93.100 and 1991 c 363 s 96 are each amended to read as follows:

     The board shall review and approve, disapprove, or modify any of the actions set forth in RCW 36.93.090 when any of the following shall occur within forty-five days of the filing of a notice of intention:

     (1) Three members of a five-member boundary review board or five members of a boundary review board in a county with a population of one million or more files a request for review:  PROVIDED, That the members of the boundary review board shall not be authorized to file a request for review of the following actions:

     (a) The incorporation or change in the boundary of any city, town, or special purpose district;

     (b) The extension of permanent water service outside of its existing corporate boundaries by a city, town, or special purpose district ((where such)) if (i) the extension is through the installation of water mains of six inches or less in diameter or (ii) the county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan under RCW 36.70A.040 and has by a majority vote waived the authority of the board to initiate review of all other extensions; or

     (c) The extension of permanent sewer service outside of its existing corporate boundaries by a city, town, or special purpose district ((where such)) if (i) the extension is through the installation of sewer mains of eight inches or less in diameter or (ii) the county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan under RCW 36.70A.040 and has by a majority vote waived the authority of the board to initiate review of all other extensions;

     (2) Any governmental unit affected, including the governmental unit for which the boundary change or extension of permanent water or sewer service is proposed, or the county within which the area of the proposed action is located, files a request for review of the specific action;

     (3) A petition requesting review is filed and is signed by:

     (a) Five percent of the registered voters residing within the area which is being considered for the proposed action (as determined by the boundary review board in its discretion subject to immediate review by writ of certiorari to the superior court); or

     (b) An owner or owners of property consisting of five percent of the assessed valuation within such area;

     (4) The majority of the members of boundary review boards concur with a request for review when a petition requesting the review is filed by five percent of the registered voters who deem themselves affected by the action and reside within one-quarter mile of the proposed action but not within the jurisdiction proposing the action.

     If a period of forty-five days shall elapse without the board's jurisdiction having been invoked as set forth in this section, the proposed action shall be deemed approved.

     If a review of a proposal is requested, the board shall make a finding as prescribed in RCW 36.93.150 within one hundred twenty days after the filing of such a request for review.  If this period of one hundred twenty days shall elapse without the board making a finding as prescribed in RCW 36.93.150, the proposal shall be deemed approved unless the board and the person who submitted the proposal agree to an extension of the one hundred twenty day period.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 36.93 RCW to read as follows:

     The decisions of a boundary review board located in a county that is required or chooses to plan under RCW 36.70A.040 must be consistent with RCW 36.70A.020, 36.70A.110, and 36.70A.210.


     Passed the Senate March 9, 1992.

     Passed the House March 3, 1992.

Approved by the Governor April 1, 1992.

     Filed in Office of Secretary of State April 1, 1992.