S-1320.1 _______________________________________________
SUBSTITUTE SENATE BILL 5209
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State of Washington 54th Legislature 1995 Regular Session
By Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen, Swecker, Drew, Schow, Heavey and Winsley)
Read first time 03/01/95.
AN ACT Relating to the extension of water or sewer systems outside of existing corporate boundaries; amending RCW 36.93.100; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.93.100 and 1994 c 216 s 13 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 of any special district 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 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 water service outside of its existing corporate boundaries by a city, town, or special purpose district if the extension is consistent with an approved coordinated water system plan adopted pursuant to RCW 70.116.010; or
(d) The extension of permanent sewer service outside of its existing corporate boundaries by a city, town, or special purpose district 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. 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.
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