1380-S

AN ACT Relating to growth management; amending RCW 36.70A.040, 36.70A.110, 36.70A.310, 36.70A.320, and 43.62.035; and adding a new section to chapter 36.70A RCW.

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

Sec. 1. RCW 36.70A.040 and 1993 sp.s. c 6 s 1 are each amended to read as follows:

(1) Each county that has both a population of fifty thousand or more and has had its population increase by more than ten percent in the previous ten years, and the cities located within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall ((~~conform with all of the requirements of this chapter~~)) plan under this section. However, the county legislative authority of such a county with a population of less than ((~~fifty~~)) three hundred thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirement((~~s of adopting comprehensive land use plans and development regulations under this chapter~~)) to plan under this section if this resolution is adopted and filed with the department by December 31, ((~~1990, for counties initially meeting this set of criteria~~)) 1995, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section.

Once a county meets either of these sets of criteria and the county has not followed this procedure to remove itself from the requirement to plan under this section, the requirement to ((~~conform with all of the requirements of this chapter~~)) plan under this section remains in effect, even if the county no longer meets one of these sets of criteria.

(2) The county legislative authority of any county that does not ((~~meet either of the sets of criteria established~~)) plan under ((~~subsection (1) of~~)) this section may adopt a resolution indicating its intention ((~~to have subsection (1) of this section apply to~~)) that the county plan under this section. Each city((,)) located in a county that ((~~chooses to plan~~)) adopts a resolution under this subsection((,)) shall ((~~conform with all of the requirements of this chapter~~)) plan under this section. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this ((~~chapter~~)) section. However, a county with a population of three hundred thousand or less that, before the effective date of this act, adopted a resolution of intention under this subsection to plan under this section may adopt a resolution removing the county, and the cities located within the county, from the requirement to plan under this section if the resolution is adopted and filed with the department by December 31, 1995.

(3) Any county or city that is initially required to ((~~conform with all of the requirements of this chapter~~)) plan under this section by subsection (1) of this section, and, where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a population of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department ((~~of community development~~)) of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(4) Any county or city that is required to ((~~conform with all the requirements of this chapter~~)) plan under this section, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, and, where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (2) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations conserving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolution of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department ((~~of community development~~)) of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(5) If the office of financial management certifies that the population of a county that ((~~previously had not been required to~~)) does not plan under ((~~subsection (1) or (2) of~~)) this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department ((~~of community development~~)) of its need prior to the deadline for adopting both a comprehensive plan and development regulations.

(6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.

Sec. 2. RCW 36.70A.110 and 1994 c 249 s 27 are each amended to read as follows:

(1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area that includes a city or cities may include territory that is located outside of ((a)) the city or cities only if such territory already is characterized by urban growth or is adjacent to territory already characterized by urban growth. An urban growth area may be designated that does not include a city, but only if the territory already is characterized by urban growth or is adjacent to territory already characterized by urban growth.

(2) Based upon the ((~~population growth management planning~~)) twenty-year population projection made for the county by the office of financial management, the urban growth areas in the county shall include areas and densities at least sufficient to permit the urban growth that is projected to occur in the county for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

(3) Urban growth should be located first in areas already characterized by urban growth, whether or not the areas are located within a city, that have existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth, whether or not the areas are located within a city, that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources. Further, it is appropriate that urban government services be provided by cities, and urban government services should not be provided in rural areas.

(4) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.

(5) Each county shall include designations of urban growth areas in its comprehensive plan.

Sec. 3. RCW 36.70A.310 and 1994 c 249 s 32 are each amended to read as follows:

(1) A request for review by the state to a growth management hearings board may be made only by the governor, or with the governor's consent the head of an agency, or by the commissioner of public lands as relating to state trust lands, for the review of whether: ((~~(1)~~)) (a) A county or city that is required or chooses to plan under RCW 36.70A.040 has failed to adopt a comprehensive plan or development regulations, or county-wide planning policies within the time limits established by this chapter; or ((~~(2)~~)) (b) a county or city that is required or chooses to plan under this chapter has adopted a comprehensive plan, development regulations, or county-wide planning policies, that are not in compliance with the requirements of this chapter.

(2) Only if the governor finds:

(a) The agency or commissioner has participated substantially in the local process and has consistently raised the issues included in the petition for review; or

(b) That review by a board is the best means to accomplish the state's goals,

then a state agency or the commissioner of public lands may seek review by a growth management hearings board.

Sec. 4. RCW 36.70A.320 and 1991 sp.s. c 32 s 13 are each amended to read as follows:

(1) Comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance by the state agency, county, or city unless it finds ((~~by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter~~)) that the action either: (a) Was predicated upon an interpretation of this chapter or chapter 43.21C RCW that is clearly erroneous; or (b) is not supported by substantial evidence.

(2) In making its determination, the board shall take into consideration the extent of urbanization of the area in question, the planning history and capabilities of the county or city, and the relative amount of financial assistance made available to the county or city by the state for purposes of meeting this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows:

The office of the attorney general shall, at the request of a county or city that has been found in compliance with this chapter by a growth management hearings board, defend or provide assistance in the county's or city's defense of an appeal of the board finding in superior court.

Sec. 6. RCW 43.62.035 and 1991 sp.s. c 32 s 30 are each amended to read as follows:

The office of financial management shall determine the population of each county of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county. The office of financial management also shall determine the percentage increase in population for each county over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination.

((~~At least once every ten years~~)) The office of financial management shall prepare a twenty-year ((~~growth management planning~~)) population projection((~~s required by RCW 36.70A.110~~)) for each county that ((~~adopts a comprehensive~~)) is required or chooses to plan under RCW 36.70A.040 at least once every ten years, commencing after the county initially plans under RCW 36.70A.040, and shall review ((~~these projections with such counties before final adoption~~)) the county's twenty-year population projection with the county before finally adopting the projection. A twenty-year population projection shall include a range of projected populations for the county over the next twenty years.