[atlas:bill]

AN ACT Relating to establishing a schedule for review of comprehensive plans and development regulations under the growth management act; amending RCW 36.70A.130, 47.26.084, 36.79.150, 66.08.190, and 82.08.170; adding a new section to chapter 82.36 RCW; and adding a new section to chapter 82.14 RCW.

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

Sec. 1. RCW 36.70A.130 and 1997 c 429 s 10 are each amended to read as follows:

(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. ((~~Not later than September 1, 2002, and at least every five years thereafter,~~)) A county or city shall take action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure ((~~that~~)) the plan and regulations ((~~are complying~~)) comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall, using best available science, take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section.

(b) Any amendment of or revision to a comprehensive land use plan shall use best available science and conform to this chapter((~~, and any change~~)). Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.

(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year ((~~except that~~)). Amendments may be considered more frequently than once per year under the following circumstances:

(i) The initial adoption of a subarea plan;

(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and

(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.

(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

(4) The department shall establish a schedule for counties and cities to conduct the review and evaluation required by subsection (1) of this section. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows:

(a) On or before July 1, 2004, and every five years thereafter, for Clark, King, Kitsap, Pierce, Snohomish, and Thurston counties and the cities within those counties;

(b) On or before December 1, 2004, and every ten years thereafter, for Clallam, Jefferson, and Whatcom counties and the cities within those counties;

(c) On or before December 1, 2005, and every ten years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

(d) On or before December 1, 2006, and every ten years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

(e) On or before December 1, 2007, and every ten years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

(5) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.

(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.

NEW SECTION. Sec. 2. A new section is added to chapter 82.36 RCW to read as follows:

The state treasurer shall withhold a portion of the revenues to which a county or city, that is subject to RCW 36.70A.130(4)(a), is entitled under this chapter if the requirements of RCW 36.70A.130(1) are not completed by the date established in RCW 36.70A.130(4)(a).

NEW SECTION. Sec. 3. A new section is added to chapter 82.14 RCW to read as follows:

Sec. 4. RCW 47.26.084 and 1999 c 94 s 17 are each amended to read as follows:

(1) The transportation improvement account is hereby created in the motor vehicle fund. The intent of the program is to improve mobility of people and goods in Washington state by supporting economic development and environmentally responsive solutions to our statewide transportation system needs.

Within one year after board approval of an application for funding, a county, city, or transportation benefit district shall provide written certification to the board of the pledged local and/or private funding. Funds allocated to an applicant that does not certify its funding within one year after approval may be reallocated by the board.

(2) The state treasurer shall withhold a portion of the revenues to which a county or city, that is subject to RCW 36.70A.130(4)(a), is entitled under this section if the requirements of RCW 36.70A.130(1) are not completed by the date established in RCW 36.70A.130(4)(a).

Sec. 5. RCW 36.79.150 and 1991 sp.s. c 32 s 31 are each amended to read as follows:

(1) Whenever the board approves a rural arterial project it shall determine the amount of rural arterial trust account funds to be allocated for such project. The allocation shall be based upon information contained in the six-year plan submitted by the county seeking approval of the project and upon such further investigation as the board deems necessary. The board shall adopt reasonable rules pursuant to which rural arterial trust account funds allocated to a project may be increased upon a subsequent application of the county constructing the project. The rules adopted by the board shall take into account, but shall not be limited to, the following factors: (a) The financial effect of increasing the original allocation for the project upon other rural arterial projects either approved or requested; (b) whether the project for which an additional allocation is requested can be reduced in scope while retaining a usable segment; (c) whether the original cost of the project shown in the applicant's six-year program was based upon reasonable engineering estimates; and (d) whether the requested additional allocation is to pay for an expansion in the scope of work originally approved.

(2) The board shall not allocate funds, nor make payments under RCW 36.79.160, to any county or city identified by the governor under RCW 36.70A.340.

(3) The state treasurer shall withhold a portion of the revenues to which a county or city, that is subject to RCW 36.70A.130(4)(a), is entitled under this section if the requirements of RCW 36.70A.130(1) are not completed by the date established in RCW 36.70A.130(4)(a).

Sec. 6. RCW 66.08.190 and 2000 c 227 s 2 are each amended to read as follows:

(1) When excess funds are distributed, all moneys subject to distribution shall be disbursed as follows:

(a) Three-tenths of one percent to border areas under RCW 66.08.195; and

(b) From the amount remaining after distribution under (a) of this subsection, fifty percent to the general fund of the state, ten percent to the counties of the state, and forty percent to the incorporated cities and towns of the state.

(2) During the months of July, October, January, and April of each year, prior to disbursing the distribution to incorporated cities and towns under subsection (1)(b) of this section, the treasurer shall deduct from that distribution an amount that, when combined with any cash balance in the city and town research services account, will fund that quarter's allotments under RCW 43.88.110 from any legislative appropriation from the city and town research services account. The treasurer shall deposit the amount deducted into the city and town research services account.

(3) The governor may notify and direct the state treasurer to withhold the revenues to which the counties and cities are entitled under this section if the counties or cities are found to be in noncompliance pursuant to RCW 36.70A.340.

(4) The state treasurer shall withhold a portion of the revenues to which a county or city, that is subject to RCW 36.70A.130(4)(a), is entitled under this section if the requirements of RCW 36.70A.130(1) are not completed by the date established in RCW 36.70A.130(4)(a).

Sec. 7. RCW 82.08.170 and 1997 c 437 s 4 are each amended to read as follows:

(1) During the months of January, April, July and October of each year, the state treasurer shall make the apportionment and distribution of all moneys in the liquor excise tax fund to the counties, cities and towns in the following proportions: Twenty percent of the moneys in said liquor excise tax fund shall be divided among and distributed to the counties of the state in accordance with the provisions of RCW 66.08.200; eighty percent of the moneys in said liquor excise tax fund shall be divided among and distributed to the cities and towns of the state in accordance with the provisions of RCW 66.08.210.

(2) Each fiscal quarter and prior to making the twenty percent distribution to counties under subsection (1) of this section, the treasurer shall transfer to the county research services account under RCW 43.110.050 sufficient moneys that, when combined with any cash balance in the account, will fund the allotments from any legislative appropriations from the county research services account.

(3) The state treasurer shall withhold a portion of the revenues to which a county or city, that is subject to RCW 36.70A.130(4)(a), is entitled under this chapter if the requirements of RCW 36.70A.130(1) are not completed by the date established in RCW 36.70A.130(4)(a).