SENATE BILL REPORT

                  ESHB 1921

              As Reported By Senate Committee On:

           Government Operations, February 23, 1996

Title:  An act relating to existing general aviation airport land use encroachment planning.

Brief Description:  Providing for existing general aviation airport land use encroachment planning.

Sponsors:  House Committee on Transportation (originally sponsored by Representatives Benton, Elliot, Chopp, Thompson, Carlson, D. Schmidt, Ogden and Mason).

Brief History:

Committee Activity:  Government Operations:  3/29/95, 3/30/95 [DPA]; 2/14/96, 2/23/96 [DPA].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  Do pass as amended.

  Signed by Senators Haugen, Chair; Goings, Hale and Winsley.

Staff:  Diane Smith (786-7410)

Background:  Counties and cities planning under the Growth Management Act (GMA) must develop comprehensive plans that include a transportation element and a land use element. GMA requires that the transportation and land use elements be consistent with each other, but it does not require planners to protect general aviation airports from incompatible land uses.

Summary of Amended Bill:  The Transportation Commission is directed to include in the state transportation policy plan and the statewide multimodal transportation plan policies to ensure the preservation of the general aviation airport system, including all public-use airports.  The commission is also directed to protect the airports against encroachment by incompatible land uses.  By December 1, 1996, the Aviation Division of Department of Transportation (DOT) is required to develop and distribute models of comprehensive plans and development regulations that achieve protection from encroachment.

Once they receive the model plans and regulations, every city and town, code city, charter city and county having a general aviation airport in its jurisdiction is required to discourage the siting of land uses that are incompatible with the airport.  This policy must be implemented in the comprehensive plan and development regulations as they are amended in the normal course of land use proceedings.  Formal consultation with the aviation community is required and all plans and regulations must be filed with the Aviation Division of DOT.

Amended Bill Compared to Substitute Bill:  The striking amendment incorporates the "bottoms-up" planning approach by requiring that the prospective planning activities of cities, towns and counties discourage the siting of land uses that are incompatible with general aviation airports.  The planning process includes formal consultation with the aviation community and all plans and regulations must be filed with DOT. 

The striking amendment also requires the Aviation Division of DOT to prepare and distribute model plans and regulations to the local jurisdictions by December 1, 1996.  Once these models are distributed to the local jurisdictions, the local jurisdictions must plan to discourage incompatible land uses.

Appropriation:  None.

Fiscal Note:  Requested on February 27, 1995.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Many of the state's publicly and privately-owned general aviation airports are being threatened from encroachment by incompatible land uses.

Testimony Against:  This is an unfunded mandate, and local governments can already perform these tasks under GMA.  There may be takings problems.

Testified:  Mark Triplett, WPA (pro); Dave Williams, AWC.