H‑0306.2   _____________________________________________

 

HOUSE BILL 1843

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Dunshee, Mitchell, Miloscia, Hankins, Rockefeller and Delvin

 

Read first time 02/06/2001.  Referred to Committee on Local Government & Housing.

_1      AN ACT Relating to establishing criteria for setting population

_2  projections for counties and cities planning under the growth

_3  management act; and amending RCW 36.70A.110 and 43.62.035.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      Sec. 1.  RCW 36.70A.110 and 1997 c 429 s 24 are each amended to

_6  read as follows:

_7      (1) Each county that is required or chooses to plan under RCW

_8  36.70A.040 shall designate an urban growth area or areas within

_9  which urban growth shall be encouraged and outside of which growth

10  can occur only if it is not urban in nature.  Each city that is

11  located in such a county shall be included within an urban growth

12  area.  An urban growth area may include more than a single city. An

13  urban growth area may include territory that is located outside of

14  a city only if such territory already is characterized by urban

15  growth whether or not the urban growth area includes a city, or is

16  adjacent to territory already characterized by urban growth, or is

17  a designated new fully contained community as defined by RCW

18  36.70A.350.

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_1      (2) Based upon the growth management population projection made

_2  for the county by the office of financial management, the county

_3  and each city within the county shall include areas and densities

_4  sufficient to permit the urban growth that is projected to occur

_5  in the county or city for the succeeding twenty-year period.  Each

_6  urban growth area shall permit urban densities and shall include

_7  greenbelt and open space areas.  An urban growth area determination

_8  ((may)) shall include for the county and each city within the

_9  county, a reasonable land market supply factor, an analysis of

10  existing water resources and water rights sufficient to serve the

11  projected growth, the equitable distribution of population density

12  across a county's urban growth areas, and state highway capacity

13  sufficient to serve the projected growth, and shall permit a range

14  of urban densities and uses.  In determining this market factor,

15  cities and counties ((may)) shall consider local

16  circumstances.  Cities and counties have discretion in their

17  comprehensive plans to make many choices about accommodating

18  growth.

19      Within one year of July 1, 1990, each county that as of June 1,

20  1991, was required or chose to plan under RCW 36.70A.040, shall

21  begin consulting with each city located within its boundaries and

22  each city shall propose the location of an urban growth area.

23  Within sixty days of the date the county legislative authority of

24  a county adopts its resolution of intention or of certification by

25  the office of financial management, all other counties that are

26  required or choose to plan under RCW 36.70A.040 shall begin this

27  consultation with each city located within its boundaries.  The

28  county shall attempt to reach agreement with each city on the

29  location of an urban growth area within which the city is

30  located.  If such an agreement is not reached with each city located

31  within the urban growth area, the county shall justify in writing

32  why it so designated the area an urban growth area.  A city may

33  object formally with the department over the designation of the

34  urban growth area within which it is located.  Where appropriate,

35  the department shall attempt to resolve the conflicts, including

36  the use of mediation services.

37      (3) Urban growth should be located first in areas already

38  characterized by urban growth that have adequate existing public

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_1  facility and service capacities to serve such development, second

_2  in areas already characterized by urban growth that will be served

_3  adequately by a combination of both existing public facilities and

_4  services and any additional needed public facilities and services

_5  that are provided by either public or private sources, and third

_6  in the remaining portions of the urban growth areas.  Urban growth

_7  may also be located in designated new fully contained communities

_8  as defined by RCW 36.70A.350.

_9      (4) In general, cities are the units of local government most

10  appropriate to provide urban governmental services.  In general, it

11  is not appropriate that urban governmental services be extended to

12  or expanded in rural areas except in those limited circumstances

13  shown to be necessary to protect basic public health and safety

14  and the environment and when such services are financially

15  supportable at rural densities and do not permit urban

16  development.

17      (5) On or before October 1, 1993, each county that was

18  initially required to plan under RCW 36.70A.040(1) shall adopt

19  development regulations designating interim urban growth areas

20  under this chapter.  Within three years and three months of the date

21  the county legislative authority of a county adopts its resolution

22  of intention or of certification by the office of financial

23  management, all other counties that are required or choose to plan

24  under RCW 36.70A.040 shall adopt development regulations

25  designating interim urban growth areas under this chapter.  Adoption

26  of the interim urban growth areas may only occur after public

27  notice; public hearing; and compliance with the state

28  environmental policy act, chapter 43.21C RCW, and RCW

29  36.70A.110.  Such action may be appealed to the appropriate growth

30  management hearings board under RCW 36.70A.280.  Final urban growth

31  areas shall be adopted at the time of comprehensive plan adoption

32  under this chapter.

33      (6) Each county shall include designations of urban growth

34  areas in its comprehensive plan.

     

35      Sec. 2.  RCW 43.62.035 and 1997 c 429 s 26 are each amended to read

36  as follows:

37      The office of financial management shall determine the

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_1  population of each county of the state annually as of April 1st of

_2  each year and on or before July 1st of each year shall file a

_3  certificate with the secretary of state showing its determination

_4  of the population for each county.  The office of financial

_5  management also shall determine the percentage increase in

_6  population for each county over the preceding ten-year period, as

_7  of April 1st, and shall file a certificate with the secretary of

_8  state by July 1st showing its determination.  At least once every

_9  five years or upon the availability of decennial census data,

10  whichever is later, and taking into consideration population

11  trends of the previous ten years and an analysis of existing water

12  resources and water rights sufficient to serve the projected

13  growth, the office of financial management shall prepare twenty-

14  year growth management planning population projections required by

15  RCW 36.70A.110 for each county that adopts a comprehensive plan

16  under RCW 36.70A.040 and shall review these projections with such

17  counties and the cities in those counties before final

18  adoption.  The county and its cities may provide to the office such

19  information as they deem relevant to the office's projection, and

20  the office shall consider and comment on such information before

21  adoption.  Each projection shall be expressed as a reasonable range

22  developed within the standard state high and low projection.  The

23  middle range shall represent the office's estimate of the most

24  likely population projection for the county. If any city or county

25  believes that a projection will not accurately reflect actual

26  population growth in a county, it may petition the office to

27  revise the projection accordingly.  The office shall complete the

28  first set of ranges for every county by December 31, 1995.

29      A comprehensive plan adopted or amended before December 31,

30  1995, shall not be considered to be in noncompliance with the

31  twenty-year growth management planning population projection if

32  the projection used in the comprehensive plan is in compliance

33  with the range later adopted under this section.

 

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