Washington State

House of Representatives

Office of Program Research

Government Reform and  Land Use Committee

BILL ANALYSIS

HB 2891

Title of the Bill:  Removing the authority of a growth management hearings board to declare a development regulation invalid.

What this Bill Does:  Eliminates the authority of the Growth Management Hearings Boards to issue determinations of invalidity.

Sponsors:  Representatives Mulliken, Cairnes, Johnson, Mielke, Thompson, Sherstad, McMorris, Bush and Talcott.

Hearing Date:  2/2/98

Fiscal Note:  Not Requested.

Analysis Prepared By:  Joan Elgee, 786-7135

BACKGROUND:

The Growth Management Act establishes requirements for all counties in the state, and imposes additional requirements for the faster growing counties.  A city follows the lead of the county in which it is located.  Counties and cities subject to all the requirements of the GMA are typically referred to as counties and cities that plan under the GMA.

The basic GMA planning requirements are the:

CIdentification and protection of critical areas;

CDesignation and conservation or natural resource lands;

CAdoption of a county-wide planning policy;

CDesignation of urban growth areas;

CAdoption of a comprehensive plan; and

CAdoption of development regulations implementing the comprehensive plan.

Counties and cities that do not plan under the GMA must identify and protect critical areas and designate (but not conserve) natural resource lands.

Three separate Growth Management Hearings Boards (Boards) have authority to hear complaints that counties and cities are not in compliance with the GMA. An action of a county or city under the GMA is presumed valid and the person requesting review has the burden to prove that an action was clearly erroneous.

If a Board finds that a county or city is not in compliance with the GMA, the Board specifies a reasonable time for the county or city to come into compliance, generally not more than 180 days.  The Board holds a subsequent hearing at the end of this period and determines if the county or city has taken action sufficient to come into compliance with the GMA.  If it finds continued noncompliance, the Board may recommend that the Governor impose sanctions or may continue jurisdiction with no direct consequences.  In addition, as part of ESHB 1724, the Legislature in 1995 authorized a Board to invalidate a part or parts of the plan or regulations if the Board finds noncompliance and also determines that the plan or regulations would "substantially interfere with the fulfillment of the goals" of the GMA. 

A determination of invalidity, unlike a finding of noncompliance, affects some permit applications. Development permit applications completed prior to the determination are unaffected. Before the enactment of ESB 6094 in 1997, an order of invalidity applied to any permit application filed after the determination of invalidity was issued.  However, ESB 6094 narrowed the application of an invalidity determination so that it does not apply to applications for smaller types of development, including single-family residences. 

The board must modify or rescind the invalidity determination if it finds that the county or city has amended the invalidated part or parts of the plan or regulation or has established interim controls such that the plan or regulation no longer substantially interfere with the fulfillment of the GMA goals.

According to the Department of Community, Trade, and Economic Development, through November, 1997, Boards had issued invalidity determinations on 18 occasions involving 14 jurisdictions.  Invalidity determinations have been rescinded in many cases.

SUMMARY:

The authority of Growth Management Hearings Boards to issue a determination of invalidity is eliminated.  If a county or city is subject to a determination of invalidity, the Board must rescind the order.

Rep. Bill Reams, Chair         Rep. Joyce Mulliken        Rep. Sandra Romero, Ranking Minority Member

Rep. Jack Cairnes, Vice Chair        Rep. Bill Thompson         Rep. Patricia Lantz, Asst. Ranking Minority Member

Rep. Mike Sherstad, Vice Chair       Rep. Roger Bush            Rep. Ruth Fisher

Rep. Thomas Mielke                   Rep. Georgia Gardner