H-1743

AN ACT Relating to industrial land banks; amending RCW 36.70A.365; and repealing RCW 36.70A.367.

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

Sec. 1. RCW 36.70A.365 and 1995 c 190 s 1 are each amended 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 and may also establish industrial developments and industrial land banks as permissible urban growth outside of 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. However, this does not preclude rural resource industries from otherwise locating in rural and resource areas consistent with the rural and resource land elements of a jurisdiction's comprehensive plan. The major industrial development shall not be for the purpose of retail commercial development or multitenant office parks.

(2) "Industrial land bank" means a location designated for one or more manufacturing, industrial, commercial or high-tech businesses, related office uses, and incidental retail or commercial uses designed to serve or support the industrial land bank that requires a location with characteristics such as size or proximity to transportation facilities, natural resources, or related industries, such that the county finds there is no suitable location in an existing urban growth area. Except as otherwise provided in this chapter, the industrial land bank shall not be for the purpose of retail commercial development or multitenant office parks. The industrial land bank location must be characterized by some existing industrial or commercial development or must be adjacent to an area characterized by such development.

(3) In order to designate an industrial land bank, the county must make findings that: (a) An inventory has been conducted and there is no suitable location available for the industrial land bank within an existing urban growth area; (b) the establishment of the industrial land bank is important to achieving documented economic development goals, policies, or plans of the county or state; and (c) the necessary infrastructure to support the industrial land bank is available or can be provided by public or private sources in a reasonable manner and time frame. Priority shall be given to sites that are either adjacent to or in close proximity to an urban growth area, or to lands with unique characteristics necessary for the industrial land bank, or both. A county may designate no more than two noncontiguous industrial land bank locations, but each location may be made up of multiple development sites.

(4) A major industrial development may be approved outside an urban growth area or a development proposal within an industrial land bank may be approved in a county planning under this chapter if criteria including, but not limited to the following, are met:

(a) ((~~New~~)) Either adequate infrastructure is provided for ((~~and/or~~)), or applicable impact fees are paid, or both;

(b) ((~~Transit-oriented site planning~~)) Transportation impacts are addressed and traffic demand management programs are implemented where appropriate;

(c) Buffers are provided between the major industrial development or the industrial land bank and adjacent nonurban areas;

(d) Environmental protection including air and water quality has been addressed and provided for under chapter 43.21C RCW;

(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 or development in the industrial land bank is consistent with the county's development regulations established for protection of critical areas; and

(h) For major industrial developments, 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)~~)) (5) Counties planning under RCW 36.70A.040 may designate an industrial land bank on the land use map during the adoption of the comprehensive plan or as an amendment to the comprehensive plan. 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. Counties planning under RCW 36.70A.040 may designate an industrial land bank on the land use map during the adoption of the comprehensive plan or as an amendment to the final plan. Designation of an industrial land bank or 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. Necessary utilities and services may be provided to major industrial developments and to development within industrial land banks.

(6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.

NEW SECTION. Sec. 2. RCW 36.70A.367 and 1996 c 167 s 2 are each repealed.