Bill Analysis

HB  1209 

Title:     Allowing counties to opt out of growth management planning.

Brief Description:  Allows any county, at any time, to opt out of the requirements of adopting comprehensive land use plans and development regulations under the Growth

Management Act.

Sponsors:  Representatives Koster, Smith, Boldt, Mulliken, McMorris, Sherstad, Dunn, Thompson, Johnson, Mielke, Zellinsky, DeBolt, Pennington and Mastin

Hearing Date:  January 27, 1997

Background:

The Growth Management Act (GMA) establishes requirements for all counties and cities in the state, and imposes additional requirements for counties and cities that are required to plan under all the GMA requirements.  All counties and cities are required to designate and protect critical areas and designate natural resource lands.  Counties and cities which are required to plan under all GMA requirements must, among other things, adopt a comprehensive plan consistent with a countywide planning policy and adopt development regulations consistent with its comprehensive plan.

A county is required to plan under all GMA requirements if the county meets either of two sets of population and ten-year growth criteria, as determined by the Office of Financial Management (OFM):

CThe county has a population of 50,000 or more and the county=s population increased by at least 17 percent in the past 10 years.  Legislation enacted in 1995 increased the minimum 10-year rate of growth from 10 to 17 percent and applied this change prospectively.

CThe county has a population of less than 50,000 and the county=s population increased by at least 20 percent in the past 10 years.

In addition, a county not covered by these criteria may adopt a resolution bringing the county under the planning requirements.  A city follows the lead of the county in which it is located.

A one-time window allows some counties to Aopt out@ of the GMA requirements.  For counties with a population of less than 50,000 which were initially required to plan under all GMA requirements, the county legislative authority had until December 31, 1990 to remove the county and cities in the county from the requirements. Counties with a population of 50,000 or less which are later found by OFM to meet the requisite 10-year growth factor have 60 days from the date OFM certifies that it meets the criteria to opt out.  Skamania County exercised this option in 1995 and opted not to plan under all GMA requirements. 

Summary of Bill:

Two methods are established for any county, at any time, to remove the county and the cities within the county from the requirements of adopting comprehensive land use plans and development regulations under the GMA.

CThe county legislative authority may Aopt out@ by adopting a resolution.

CThe county voters may opt out by passing a ballot proposition submitted by the county legislative authority to the voters.

The removal shall take effect when the resolution or notice of passage of a ballot resolution is filed with the Department of Community, Trade, and Economic Development.

The provisions shall not be construed as affecting any existing right acquired or liability or obligation incurred.

Fiscal Note:  Not requested.

Effective Date:  The bill has an emergency clause and takes effect immediately.