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ENGROSSED SENATE BILL 5019
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AS AMENDED BY THE HOUSE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/09/95.
Referred to Committee on Government Operations.
Relating to industrial
developments.
AN ACT Relating to
industrial developments; adding a new section to chapter 36.70A RCW; and
declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 36.70A RCW to read as follows:
A county required or
choosing to plan under RCW 36.70A.040 may establish, in consultation with
cities consistent with provisions of RCW 36.70A.210, a process for reviewing
and approving proposals to authorize siting of specific major industrial
developments outside urban growth areas.
(1) "Major
industrial development" means a master planned location for a specific
manufacturing, industrial, or commercial business 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 shall not be for the purpose of
retail commercial development or multitenant office parks.
(2) A major industrial
development may be approved outside an urban growth area in a county planning
under this chapter 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 and the county has determined and entered
findings that land suitable to site the major industrial development is
unavailable within the urban growth area. Priority shall be given to
applications for sites that are adjacent to or in close proximity to the urban
growth area.
(3) Final approval of
an application for a major industrial development shall be considered an
adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070
designating the major industrial development site on the land use map as an
urban growth area. Final approval of an application for a major industrial
development shall not be considered an amendment to the comprehensive plan for
the purposes of RCW 36.70A.130(2) and may be considered at any time.The text of the
following section has been vetoed by the Governor. It is noted in bold italic.
*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.
*Sec. 2
was vetoed. See message at end of chapter.
Passed
the Senate April 17, 1995.
Passed
the House April 6, 1995.
Approved by the Governor May 1, 1995, with the
exception of certain items which were vetoed.
Filed in
Office of Secretary of State May 1, 1995.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 2, Engrossed Senate Bill No. 5019
entitled:
"AN ACT Relating to industrial developments;"
This legislation
establishes a careful and appropriate process to allow counties to site large
industrial facilities and to locate natural resource dependent facilities
outside of urban growth areas. The process will be advanced by a county in
collaboration with its cities and requires an inventory of available land and a
finding that there is not sufficient land available for such development. It
provides for infrastructure and environmental protection and establishes
safeguards to prevent these developments from contributing to sprawl.
This bill includes an
emergency clause in section 2. This section is ill advised when establishing a
process of this nature. The process established will take many months to
complete and will require the collaborative efforts of counties and cities.
Preventing this bill from being subject to a referendum under Article II,
section 1(b) of the state Constitution unnecessarily denies the people of this
state their power, at their own option, to approve or reject this bill at the
polls.
With the exception of
section 2, Engrossed Senate Bill No. 5019 is approved."
