AN ACT Relating to
industrial developments; adding a new section to chapter 36.70A RCW; creating a
new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. In 1995 the legislature
addressed the demand for siting of major industrial facilities by passage of
Engrossed Senate Bill No. 5019, implementing a process for siting such
activities outside urban growth areas. The legislature recognizes that the
1995 act requires consideration of numerous factors necessary to ensure that
the community can reasonably accommodate a major industrial development outside
an urban growth area.
The legislature finds
that the existing case-by-case procedure for evaluating and approving such a
site under the 1995 act may operate to a community's economic disadvantage when
a firm, for business reasons, must make a business location decision
expeditiously. The legislature therefore finds that it would be useful to
authorize, on a limited basis, and evaluate a process for identifying locations
for major industrial activity in advance of specific proposals by an applicant.
It is the purpose of
this act (1) to authorize a pilot project under which a bank of major
industrial development locations outside urban growth areas is created for use
in expeditiously siting such a development; (2) to evaluate the impact of this
process on the county's compliance with chapter 36.70A RCW; and (3) to
encourage consolidation and planning, and environmental review procedures under
chapter 36.70B RCW.
NEW SECTION. Sec.
2. A new section is added
to chapter 36.70A RCW to read as follows:
(1) In addition to the
major industrial development allowed under RCW 36.70A.365, a county required or
choosing to plan under RCW 36.70A.040 that has a population greater than two
hundred fifty thousand and that is part of a metropolitan area that includes a
city in another state with a population greater than two hundred fifty thousand
may establish, in consultation with cities consistent with provisions of RCW
36.70A.210, a process for designating a bank of no more than two master planned
locations for major industrial activity outside urban growth areas.
(2) A master planned
location for major industrial developments outside an urban growth area may be
included in the urban industrial land bank for the county if criteria including,
but not limited to, the following are met:
(a) New infrastructure
is provided for and/or applicable impact fees are paid;
(b) Transit-oriented
site planning and traffic demand management programs are implemented;
(c) Buffers are
provided between the major industrial development and adjacent nonurban areas;
(d) Environmental
protection including air and water quality has been addressed and provided for;
(e) Development
regulations are established to ensure that urban growth will not occur in
adjacent nonurban areas;
(f) Provision is made
to mitigate adverse impacts on designated agricultural lands, forest lands, and
mineral resource lands;
(g) The plan for the
major industrial development is consistent with the county's development
regulations established for protection of critical areas; and
(h) An inventory of
developable land has been conducted as provided in RCW 36.70A.365.
(3) In selecting master
planned locations for inclusion in the urban industrial land bank, priority
shall be given to locations that are adjacent to, or in close proximity to, an
urban growth area.
(4) Final approval of
inclusion of a master planned location in the urban industrial land bank shall
be considered an adopted amendment to the comprehensive plan adopted pursuant
to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that
inclusion or exclusion of master planned locations may be considered at any
time.
(5) Once a master
planned location has been included in the urban industrial land bank,
manufacturing and industrial businesses that qualify as major industrial
development under RCW 36.70A.365 may be located there.
(6) Nothing in this
section may be construed to alter the requirements for a county to comply with
chapter 43.21C RCW.
(7) The authority of a
county to engage in the process of including or excluding master planned
locations from the urban industrial land bank shall terminate on December 31,
1998. However, any location included in the urban industrial land bank on
December 31, 1998, shall remain available for major industrial development as
long as the criteria of subsection (2) of this section continue to be met.
(8) For the purposes of
this section, "major industrial development" means a master planned
location suitable for manufacturing or industrial businesses that: (a)
Requires a parcel of land so large that no suitable parcels are available
within an urban growth area; or (b) is a natural resource-based industry
requiring a location near agricultural land, forest land, or mineral resource
land upon which it is dependent. The major industrial development may not be
for the purpose of retail commercial development or multitenant office parks.
NEW
SECTION. Sec. 3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
