H-4039.1  _______________________________________________

                          HOUSE BILL 2673

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives D. Schmidt, Sehlin, Koster, Wensman, Gardner and Scott

Read first time 01/16/98.  Referred to Committee on Government Administration.

Changing provisions relating to boundary review boards.

    AN ACT Relating to boundary review boards; amending RCW 36.93.090, 36.93.105, and 36.93.020; repealing RCW 36.93.110 and 36.93.800; and declaring an emergency.

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

    Sec. 1.  RCW 36.93.090 and 1996 c 230 s 1608 are each amended to read as follows:

    ((Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file)) The initiator of any action subject to potential review by a boundary review board shall file a notice of the action with the board within one hundred eighty days ((a notice of intention with the board:  PROVIDED, That when)) of the date the petition was filed, or other action taken, initiating the action.  If the initiator is the legislative body of a governmental unit, the notice of intention may be filed immediately following the body's first acceptance or approval of the action.  ((The board may review any such))

Except as provided in RCW 36.93.105, any of the following proposed actions ((pertaining to)) occurring in a county in which a boundary review board exists are subject to potential review by the board:

    (1) The((:  (a))) creation((,)) or incorporation((, or)) of a city or special purpose district;

(2) The change in the boundary((, other than a consolidation,)) of ((any)) a city((, town,)) or special purpose district; (((b) consolidation of special purpose districts, but not including consolidation of cities and towns; or (c)))

(3) The dissolution or disincorporation of any city((, town,)) or special purpose district((, except that a board may not review the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW:  PROVIDED, That the change in the boundary of a city or town arising from the annexation of contiguous city or town owned property held for a public purpose shall be exempted from the requirements of this section)); ((or

    (2))) (4) The assumption by any city ((or town)) of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city ((or town)); ((or

    (3))) (5) The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water-sewer district pursuant to RCW 57.08.065 or chapter 57.40 RCW; or

    (((4))) (6) The extension of permanent water or sewer service outside of its existing service area by a city((, town,)) or special purpose district.  The service area of a city((, town,)) or special purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan approved in accordance with RCW 70.116.050; and (b) for extensions of sewer service, the area outside of the corporate boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter 36.94 RCW and RCW 90.48.110.

    Sec. 2.  RCW 36.93.105 and 1989 c 84 s 4 are each amended to read as follows:

    The following actions shall not be subject to potential review by a boundary review board:

    (1) Annexations of territory to a water or sewer district pursuant to RCW 36.94.410 through 36.94.440;

    (2) Revisions of city ((or town)) boundaries pursuant to RCW 35.21.790 or 35A.21.210;

    (3) Adjustments to city ((or town)) boundaries pursuant to RCW 35.13.340; ((and))

    (4) Adjustments to city ((and town)) boundaries pursuant to RCW 35.13.300 through 35.13.330;

(5) Consolidations of cities;

(6) Dissolutions or disincorporations of a special purpose district pursuant to the provisions of chapter 36.96 RCW;

(7) Mergers of irrigation districts under RCW 87.03.530(2) and 87.03.845 through 87.03.855;

(8) Mergers of drainage improvement districts, joint drainage improvement districts, or consolidated drainage improvement districts into an irrigation district under RCW 87.03.720 through 87.03.745 and 85.08.830 through 85.08.890;

(9) Annexations by a city of contiguous property that the city owns, if the property is held for a public purpose; and

(10) Annexations by a city of contiguous territory if both:  (a) The territory is located in the portion of the urban growth area surrounding the city that has been designated by the county comprehensive plan, in conformance with a county-wide planning policy, as the sphere of influence area or future annexation area for the city; and (b) the annexation conforms with provisions of an interlocal agreement between the city and county authorizing such annexations to occur without review by a boundary review board.

    Sec. 3.  RCW 36.93.020 and 1979 ex.s. c 30 s 5 are each amended to read as follows:

    ((As used herein)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

    (1) "Board" means a boundary review board created by or under this chapter.

(2) "City" means a city or town, including a code city.

(3) "Governmental unit" means any ((incorporated)) city ((or town)), metropolitan municipal corporation, or any special purpose district as defined in this section.

    (((2))) (4) "Special purpose district" means any sewer district, water district, fire protection district, drainage improvement district, drainage and diking improvement district, flood control zone district, irrigation district, metropolitan park district, drainage district, or public utility district engaged in water distribution.

    (((3) "Board" means a boundary review board created by or pursuant to this chapter.))

NEW SECTION. Sec. 4.  The following acts or parts of acts are each repealed:

(1) RCW 36.93.110 and 1987 c 477 s 4, 1973 1st ex.s. c 195 s 42, & 1967 c 189 s 11; and

(2) RCW 36.93.800 and 1996 c 313 s 2 & 1993 c 235 s 10.

NEW SECTION. Sec. 5.  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 takes effect immediately.

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