2SHB 2244 - H AMDS 390 ADOPTED 3-19-97

By Representative Reams

On page 20, after line 14, strike section 12 and insert the following:

ASec. 12. RCW 36.70A.305 and 1996 c 325 s 4 are each amended to read as follows:

(1) The court shall provide expedited review of ((~~a determination of invalidity or~~)) an order ((~~effectuating~~)) that includes a determination of invalidity made or issued under RCW 36.70A.300((~~. The matter must be set for hearing within sixty days of the date set for submitting the board's record, absent a showing of good cause for a different date or a stipulation of the parties~~)) and section 15 of this act.

(2) If the court finds that the board properly determined that a county, city, or agency action substantially interferes with the fulfillment of the goals of the growth management act, it shall issue a final order affirming the decision of the board.

(3) If the court finds that the board properly determined that a county, city, or agency's comprehensive plans, development regulations, or amendments thereto merited a determination of invalidity, the court shall remand the matter for the board's continuing jurisdiction under section 15 of this act.@

On page 21, after line 6, strike section 14 and insert the following:

ASec. 14. RCW 36.70A.330 and 1995 c 347 s 112 are each amended to read as follows:

(1) After the time set for complying with the requirements of this chapter under RCW ((~~36.70A.300(1)(b)~~)) 36.70A.300(3)(b) has expired,((~~or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300,~~)) the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

(2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, ((~~city, or~~)) county, or city. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board. The board shall issue any order necessary to make adjustments to the compliance schedule and set additional hearings as provided in subsection (4) of this section.

(3) If the board after a compliance hearing finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed. The board shall take into consideration the county's or city's efforts to meet its compliance schedule in making the decision to recommend sanctions to the governor.

(4) In a compliance hearing upon petition of a party , the board shall also reconsider its final order and decide((:

~~(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or~~

~~(b) I~~)), if no determination of invalidity has been made, whether one now should be made((~~under the standards in RCW 36.70A.300(2).~~)) under section 15 of this act. The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.

NEW SECTION. Sec. 15. A new section is added to chapter 36.70A RCW to read as follows:

A county or city subject to an order of invalidity issued before the effective date of section 11 of this act, by motion may request the board to review the order of invalidity in light of the section 11, chapter . . . , Laws of 1997 (section 11 of this act) amendments to RCW 36.70A.300, the section 14, chapter . . . , Laws of 1997 (section 14 of this act) amendments to RCW 36.70A.330, and section 16 of this act. If a request is made, the board shall rescind of modify the order of invalidity as necessary to make it consistent with the section 11, chapter . . . , Laws of 1997 (section 11 of this act) amendments to RCW 36.70A.300, the section 14, chapter . . . , Laws of 1997 (section 14 of this act) amendments to RCW 36.70A.330, and section 16 of this act.

NEW SECTION. Sec. 16. A new section is added to chapter 36.70A RCW to read as follows:

(1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:

(a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300;

(b) Includes in the final order a determination, supported by findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and

(c) Specifies in the final order the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

(d) A determination of invalidity shall take effect immediately and shall remain in effect for no longer than thirty days unless otherwise ordered by a reviewing court as provided in RCW 36.70A.305.

(2) A determination of invalidity is prospective in effect and does not extinguish rights that vested under state or local law before receipt by the city or county. The determination of invalidity does not apply to a completed development permit application and related construction permits for a project that vested under state or local law on or before the date of the board's order.

(3)(a) Except as otherwise provided in (b) of this subsection, a completed development permit application not vested under state or local law on or before the date of the board's determination of invalidity vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter.

(b) Even though it is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a completed development permit application for:

(i) A permit for construction by any owner, lessee, or contract purchaser of a single‑family residence for his or her own use or for the use of his or her family on a lot existing before receipt by the county or city of the board's order, except as otherwise specifically provided in the board's order to protect the public health and safety;

(ii) A building permit and related construction permits for remodeling or expansion of an existing structure on a lot existing before receipt by the county or city; and

(iii) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt by the county or city.

(4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (1) of this section whether the prior policies or regulations are valid during the period of remand.

(5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in effect until it adopts a comprehensive plan and development regulations that comply with the requirements of this chapter. A development permit application may vest under an interim control or measure upon determination by the board that the interim controls and other measures do not substantially interfere with the fulfillment of the goals of this chapter.

(6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously schedule a hearing on the motion. At the hearing on the motion, the parties may present information to the board to clarify the part or parts of the comprehensive plan or development regulations to which the final order applies. The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing.

(7)(a) If a determination of invalidity has been made and the county or city has enacted an ordinance or resolution amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected by the order of invalidity, after a compliance hearing, the board shall modify or rescind the determination of invalidity if it determines under the standard in subsection (1) of this section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially interfere with the fulfillment of the goals of this chapter.

(b) If the board determines that part or parts of the plan or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in its order, may require periodic reports to the board on the progress the jurisdiction is making towards compliance.@

Renumber the remaining sections consecutively and correct internal references accordingly. Correct the title.