BP BHEAD INT S

AN ACT Relating to airport land use planning; adding a new chapter to Title 36 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that it is in the public interest to provide for the orderly development of each public and private public-use airport in this state.

The legislature also finds that general aviation airports are essential to the state's interest in an efficient and effective transportation system. Consequently, these airports, whether publicly owned or privately owned public-use, should be protected against encroachment by incompatible land uses.

It is the purpose of this chapter to protect general aviation airports against encroachment by incompatible land uses. It is also the purpose of this chapter to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports and private public-use airports to the extent that these areas are not already devoted to incompatible uses.

NEW SECTION. Sec. 2. Every county in which there is located an airport that is not served by a scheduled airline, but is operated for the benefit of the general public, whether publicly owned or privately owned public-use, shall adopt comprehensive airport land use plans. By December 1, 1995, each county shall notify the department of transportation that it has done one of the following to comply with this requirement:

(1) Established an airport land use commission under section 4 of this act to develop a comprehensive airport land use plan;

(2) Designated an existing body under section 5 of this act to develop a comprehensive airport land use plan;

(3) Contracted for the preparation of a comprehensive land use plan by the department of transportation as provided in section 7 of this act;

(4) If the county has only one public use airport that is owned by a city or town, adopted, with the affected city or town, the elements required under section 8 of this act; or

(5) After consultation with the appropriate airport operators and affected local entities and after a public hearing, adopted a resolution finding that there are no noise, public safety, or land use issues affecting any airport in the county that require the creation of a commission and declaring the county exempt from this requirement and transmitted a copy of the resolution to the secretary of transportation.

NEW SECTION. Sec. 3. (1) Comprehensive airport land use plans adopted under this chapter must protect publicly owned and privately owned public-use general aviation airports from incompatible land uses that threaten the existence of the airport or prohibit their orderly expansion. The plans must also provide for the adoption of land use measures that minimize the public's exposure to noise and safety hazards within areas around public airports and private airports used by the public to the extent that these areas are not already devoted to incompatible uses.

(2) The county legislative authority shall adopt processes for the amendment of the local comprehensive plan to be consistent with the comprehensive airport land use plans.

(3) The comprehensive airport land use plans shall be submitted, upon adoption, to the department of transportation.

NEW SECTION. Sec. 4. (1) An airport land use commission shall consist of the following members:

(a) Two persons representing the cities and towns in the county, appointed by a city and town selection committee comprised of the mayors of all the cities and towns within that county, except that if there are any cities and towns contiguous or adjacent to the qualifying airport, at least one representative from each contiguous or adjacent city or town shall be appointed. If there is only one city or town within a county, only one city or town member shall be appointed.

(b) Two persons representing the county, appointed by the county legislative authority.

(c) Two persons having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public and private public-use airports within that county.

(d) One person representing the general public, appointed by the other six members of the commission.

(2) Public officers, whether elected or appointed, may be appointed and serve as members of the commission during their terms of public office.

(3) Each member shall promptly appoint a single proxy to represent him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy shall be designated in a signed written instrument which shall be kept on file at the commission offices. The proxy shall serve at the pleasure of the appointing member. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy.

(4) For the purposes of this chapter, a person having an "expertise in aviation" means a person who, by way of education, training, business, experience, vocation, or avocation, has acquired and possesses particular knowledge of, and familiarity with, the function, operation, and role of airports, or is an elected official of a local agency that owns or operates an airport.

NEW SECTION. Sec. 5. (1) If the county legislative authority and mayors of cities and towns within the affected county each make a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, the body so designated shall assume the planning responsibilities of an airport land use commission and an airport land use commission need not be created.

(2) A body designated to be responsible for the preparation, adoption, and amendment of a comprehensive airport land use plan under this section, which does not include among its membership at least two members having an expertise in aviation, shall, when acting in the capacity of an airport land use commission, be augmented so that the body will have at least two members having expertise in aviation.

(3) By December 1, 1996, counties, and affected cities and towns, planning under this section shall do all of the following:

(a) Adopt processes for the preparation, adoption, and amendment of the comprehensive airport land use plan for each airport that is operated for the benefit of the general public, whether publicly owned or privately owned public-use;

(b) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the comprehensive airport land use plan;

(c) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the comprehensive airport land use plan;

(d) Adopt processes for the amendment of local comprehensive plans to be consistent with the comprehensive airport land use plan;

(e) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each comprehensive airport land use plan.

NEW SECTION. Sec. 6. (1) The department of transportation shall review the processes adopted under section 2(5) and section 5 of this act and shall approve the processes if the department determines that the processes are consistent with the procedure required by this chapter and will do all of the following:

(a) Result in the preparation, adoption, and implementation of a plan within a reasonable amount of time;

(b) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by federal aviation regulations, including Part 77 of Title 14 of the Code of Federal Regulations, state law, and rules promulgated by the department of transportation;

(c) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies.

(2) If the process adopted by a county does not comply with the requirements of this section, the county shall establish an airport land use plan commission within ninety days of the determination of noncompliance by the department of transportation. A comprehensive airport land use plan must be adopted pursuant to this chapter within ninety days of the establishment of the commission.

NEW SECTION. Sec. 7. (1) A county may contract for the preparation of a comprehensive airport land use plan with the department of transportation. By December 1, 1996, the county, and any cities or towns affected by the airport within the county, shall:

(a) Agree to adopt and implement the comprehensive airport plan developed by the department; and

(b) Incorporate the height, use, noise, safety, and density criteria that are compatible with airport operations as established by federal aviation regulations, including Part 77 of Title 14 of the Code of Federal Regulations, state law, and rules promulgated by the department of transportation.

(2) If the county and affected cities and towns do not comply with the requirements of subsection (1) of this section by December 1, 1996, the county shall establish an airport land use plan commission within ninety days of the determination of noncompliance by the department of transportation. A comprehensive airport land use plan must be adopted pursuant to this chapter within ninety days of the establishment of the commission.

NEW SECTION. Sec. 8. (1) A county is not required to develop a comprehensive airport land use plan if:

(a) The county has only one public use airport that is owned by a city or town;

(b) The county and the affected city and town adopt the elements in section 7(1)(b) of this act, as part of their local comprehensive plan for the county and the affected city or town; and

(2) If the county and the affected city and town do not comply with the requirements of subsection (1) of this section by December 1, 1996, the county shall establish an airport land use plan commission within ninety days of the determination of noncompliance by the department of transportation. A comprehensive airport land use plan must be adopted pursuant to this chapter within ninety days of the establishment of the commission.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 10. 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.