BP BHEAD INT S

AN ACT Relating to airport siting; amending RCW 36.70A.200; adding a new section to chapter 47.06 RCW; adding a new section to chapter 47.80 RCW; adding a new chapter to Title 47 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that airports are notoriously difficult to site in populated areas, even when the proposed airport may not be built for twenty or thirty years. Regional governments may recognize the need for a new airport, and perhaps even attempt to plan for it. But as has been demonstrated repeatedly in Washington state and elsewhere, regional and local public officials are unwilling, and sometimes unable, to site controversial, yet essential, airports because of political pressure. The legislature intends the airport siting council to site airports that will ensure the long-term air capacity needs of Washington state.

NEW SECTION. Sec. 2. (1) The airport siting council is established consisting of the following members: (a) The secretary of the department of transportation, or a designee; (b) the director of the department of community, trade, and economic development, or a designee; (c) a member of the transportation commission appointed by the governor, who shall be the chair of the council; (d) two members of the general public with special knowledge or background in airport issues, appointed by the governor; and (e) a member of a growth management hearings board, selected by the governor and serving in a nonvoting capacity.

The two members of the general public who are appointed by the governor shall serve for staggered four-year terms of office, calculated from the first day of January in the year in which they are appointed. Staggering of terms of office will be established by the appointment of the initial appointees, one of whom shall be appointed to a four-year term of office and the other appointed to a two-year term of office.

The member of a growth management hearings board must be a member of the growth management hearings board that hears appeals from actions taken under the Growth Management Act by counties not located in the region in which the proposed airport project under consideration is located or that is subject to the proposed transportation plan under consideration.

(2) The chair of the council may designate another councilmember to serve as the acting chair in the absence of the chair. The department of transportation shall provide all administrative and staff support for the council.

NEW SECTION. Sec. 3. If the transportation commission finds that all of the following have occurred, it may declare an impasse and refer the issue to the airport siting council: (1) A regional transportation plan does not satisfactorily address the state's interest as defined in RCW 47.06.040 with respect to planning for transportation needs through siting of an airport; (2) there has been ample time to address siting of an airport in the regional transportation plan and local comprehensive plans, but either no decision has been reached or the process has resulted in a decision that will not address the state's transportation needs as set forth in RCW 47.06.040; (3) the process prescribed in RCW 36.70A.106 by which the department of transportation reviews and suggests changes to the regional transportation plans and local comprehensive plans with respect to airport siting needs has been exhausted; (4) the department of transportation has sought by all reasonable means to encourage local governments and regional bodies to cooperate in a planning and decision-making process that addresses in a timely manner state-wide airport siting needs; (5) the transportation commission has notified the local governments and regional bodies responsible for the regional transportation plan of its intent to declare an impasse; and (6) the local governments and regional bodies responsible for the regional transportation plan have failed to show cause within sixty days of such notification that an impasse should not be declared.

NEW SECTION. Sec. 4. The transportation commission must declare an impasse by July 1, 1995, regarding the search for a supplemental airport in the Puget Sound region or replacement for Seattle-Tacoma International Airport.

NEW SECTION. Sec. 5. (1) The airport siting council shall convene to make recommendations to the governor whenever the transportation commission passes a resolution declaring that an impasse exists in the siting of an airport of state-wide significance, as provided in section 3 of this act. The council has one hundred eighty days after the date on which the transportation commission resolution is passed to make a recommendation regarding the siting of the airport of state-wide significance and to communicate its recommendation in writing to the governor.

(2) The responsibility of the council is to make airport siting recommendations that reflect the interest of the entire state. Accordingly, the council is not limited to the options examined by the regional or local authority, and may also consider alternative sites outside the region. In forming its recommendation the council shall review existing information and analyses regarding the siting issue, including both technical data and the decision-making process that failed to produce a resolution. The council may also hire staff for technical evaluation, analysis, and research associated with the preparation of its siting recommendation. The council may also consider relationships between the proposed facility and other existing or planned transportation facilities of state-wide interest such as airports, rail services, ferry systems, or highways.

NEW SECTION. Sec. 6. (1) The governor must accept or reject the siting council's recommendation within sixty days. If the governor rejects the siting council's recommendation, he or she may request the siting council to provide an alternative recommendation within thirty days. The governor has another sixty days to accept or reject the siting council's alternative recommendation. Once the governor has made a decision, the governor must inform in writing the members of the airport siting council, the transportation commission, the chair(s) of the legislative transportation committee, the county or city affected, and the regional transportation planning organization located in the region in which the transportation project will be sited.

(2) Subject to the conditions set forth in section 8(2) of this act, a decision by the governor binds the state and each of its political subdivisions, such as departments, agencies, divisions, bureaus, commissions, boards, counties, cities, towns, ports, and special districts, whether a political subdivision is a member of the council or not, regarding approval of a site and the construction and operation of a proposed airport.

NEW SECTION. Sec. 7. The legislature may invalidate the governor's decision if two-thirds of each house votes to object to his or her choice of sites. The legislature must vote by the end of the legislative session convened after the governor's decision. This will ensure that the legislature has at least one full legislative session for deliberation.

NEW SECTION. Sec. 8. (1) This chapter supersedes other laws for establishing the location of airports of state-wide significance or rules adopted under state law for establishing the location of airports of state-wide significance.

(2) However, the requirements of this chapter and rules adopted under it do not supersede the State Environmental Policy Act, the State Clean Air Act, the State Clean Water Act, the Shoreline Management Act, the laws relating to solid and hazardous waste management, and all the related portions of the Washington Administrative Code that implement these environmental laws.

NEW SECTION. Sec. 9. A new section is added to chapter 47.06 RCW to read as follows:

The legislature declares to be of state-wide significance any airports designated by the department as included in its plan as determined by its own functional classification system and criteria. The department shall assert leadership and cooperate with regional transportation planning organizations, counties, cities, transit agencies, public ports, and the private sector, by including in the state's multimodal transportation plan improvements to transportation facilities and services of state-wide significance. Improvements to facilities and services of state-wide significance identified in the state-wide multimodal transportation plan developed under RCW 47.01.071(3) are considered essential public facilities under RCW 36.70A.200.

NEW SECTION. Sec. 10. A new section is added to chapter 47.80 RCW to read as follows:

The regional transportation planning organization must adopt a regional transportation plan that adequately implements the decision of the governor to site an airport of state-wide significance, as provided in section 6 of this act.

Sec. 11. RCW 36.70A.200 and 1991 sp.s. c 32 s 1 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under this chapter shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes. If the process of siting an airport fails, the airport shall be sited by the process set forth in chapter 47.-- RCW (sections 1 through 8 of this act).

(2) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list. No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

NEW SECTION. Sec. 12. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the transportation fund to the department of transportation for the purposes of section 5 of this act.

NEW SECTION. Sec. 13. Sections 1 through 8 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 14. 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.