[atlas:bill]

AN ACT Relating to creating the Washington state public facilities siting council; amending RCW 36.70A.200; adding a new chapter to Title 43 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. (1) The Washington state public facilities siting council is created and members are to be appointed by the governor as follows:

(a) The director of community, trade, and economic development, or a designee;

(b) A member of the transportation commission, who shall be chair;

(d) A member of the growth management hearings board.

The chair of the council may designate another councilmember to serve as the acting chair in the absence of the chair. The department of transportation shall provide administrative and staff support for the council.

The public facilities siting council is created when the criteria of section 3 of this act are met.

(2) The Washington state public facilities siting council appointed in response to a specific finding of an impasse under section 2 of this act must be disbanded once the governor has informed the council of his or her decision under section 4 of this act regarding the council's airport siting recommendations concerning the impasse. If, at a later date, the transportation commission declares another impasse the governor shall appoint another siting council consistent with subsection (1) of this section.

NEW SECTION. Sec. 2. If the state transportation commission finds that all of either subsection (1) or (2) of this section have occurred, it shall declare an impasse and refer the issue to the Washington state public facilities siting council:

(1)(a) A regional transportation plan does not satisfactorily address the state's interest as defined in RCW 47.06.040 with respect to planning for transportation needs through siting of an airport; (b) there has been ample time to address siting of an airport in the regional transportation plan and local comprehensive plans, but either no decision has been reached or the process has resulted in a decision that will not address the state's transportation needs as set forth in RCW 47.06.040; (c) the department of transportation has sought by all reasonable means to encourage local governments and regional bodies to cooperate in the planning and decision-making process defined under RCW 36.70A.200 that addresses in a timely manner statewide airport siting needs; (d) the transportation commission has notified the local governments and regional bodies responsible for the regional transportation plan of its intent to declare an impasse; and (e) the local governments and regional bodies responsible for the regional transportation plan have failed to show cause within thirty days of such notification that an impasse should not be declared; or

(2) No supplemental airport of statewide significance to Seattle-Tacoma International Airport has been sited by August 1, 2002.

NEW SECTION. Sec. 3. (1) The Washington state public facilities siting council shall convene to make recommendations to the governor whenever the transportation commission passes a resolution declaring that an impasse exists in the siting of an airport of statewide significance, as provided in section 2 of this act. The council has eighteen months after the date on which the transportation commission resolution is passed to make a recommendation regarding the specific siting of the airport of statewide significance and to communicate its recommendation in writing to the governor.

(2) The responsibility of the council is to make airport siting recommendations that reflect the interest of the entire state. Accordingly, the council is not limited to the options examined by the regional or local authority, and may also consider alternative sites outside the region. In forming its recommendation the council shall review existing information and analyses regarding the siting issue, including both technical data and the decision-making process that failed to produce a resolution. The council may also hire staff for technical evaluation, analysis, and research associated with the preparation of its siting recommendations. The council may also consider relationships between the proposed facility and other existing or planned transportation facilities of statewide interest such as airports, rail services, ferry systems, or highways.

NEW SECTION. Sec. 4. (1) The governor must accept or reject the siting council's recommendation within sixty days. If the governor rejects the siting council's recommendation, the governor may request the siting council to provide an alternative recommendation within thirty days. The governor has another sixty days to accept or reject the siting council's alternative recommendation. Once the governor has made a decision, the governor must inform in writing the members of the siting council, the transportation commission, the chair or chairs of the legislative transportation committee, the county or city affected, and the regional transportation planning organization located in the region in which the transportation project will be sited.

(2) Subject to the conditions set forth in section 6(2) of this act, a decision by the governor binds the state and each of the political subdivisions in the county where the project will be sited, regarding the approval of a site and the construction and operation of a proposed airport.

NEW SECTION. Sec. 5. The legislature may invalidate the governor's decision if two-thirds of each house votes to object to the governor's choice of sites. If the legislature does not act to invalidate by the end of the legislative session convened after the governor's decision, the decision shall be deemed valid.

NEW SECTION. Sec. 6. (1) This chapter supersedes other laws for establishing the location of airports of statewide significance or rules adopted under state law for establishing the location of airports of statewide significance.

(2) However, the requirements of this chapter and rules adopted under it do not supersede the state environmental policy act, the state clean air act, the state clean water act, the shoreline management act, the laws relating to solid and hazardous waste management, and all the related portions of the Washington administrative code that implement these environmental laws.

NEW SECTION. Sec. 7. The regional transportation planning organization planning under chapter 47.80 RCW must adopt a regional transportation plan that adequately implements the decision of the governor to site an airport of statewide significance, as provided in section 5 of this act.

NEW SECTION. Sec. 8. The legislature declares to be of statewide significance any airports designated by the department of transportation as included in its plan under RCW 47.06.040 as determined by its own functional classification system and criteria. The department of transportation shall assert leadership and cooperate with regional transportation planning organizations, counties, cities, transit agencies, public ports, and the private sector, by including in the state's multimodal transportation plan improvements to transportation facilities and services of statewide significance. Improvements to facilities and services of statewide significance identified in the statewide multimodal transportation plan developed under RCW 47.01.071(3) are considered essential public facilities under RCW 36.70A.200.

Sec. 9. RCW 36.70A.200 and 2001 2nd sp.s. c 12 s 205 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. If the process for siting an airport of statewide significance fails, the airport must be sited by the process set forth in sections 1 through 8 and 11 of this act.

(2) Each county and city planning under RCW 36.70A.040 shall, not later than the deadline specified in RCW 36.70A.130, establish a process, or amend its existing process, for identifying and siting essential public facilities, and adopt or amend its development regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities.

(3) Any city or county not planning under RCW 36.70A.040 shall, not later than the deadline specified in RCW 36.70A.130, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.

(4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.

(5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

NEW SECTION. Sec. 10. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2003, from the multimodal fund to the department of transportation for the purposes of section 3 of this act.

NEW SECTION. Sec. 11. This chapter may be known and cited as the Washington state public facilities siting act.

NEW SECTION. Sec. 12. Sections 1 through 8 and 11 of this act constitute a new chapter in Title 43 RCW.