AN ACT Relating to
establishing industrial land banks outside urban growth areas; and amending RCW
36.70A.367.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 36.70A.367 and 1998
c 289 s 2 are each amended to read as follows:
(1) In addition to the
major industrial development allowed under RCW 36.70A.365, a county required or
choosing to plan under RCW 36.70A.040 that meets the criteria in subsection (9)
or (10) of this section may establish, in consultation with cities
consistent with provisions of RCW 36.70A.210, a process for designating a bank
of no more than two master planned locations for major industrial activity
outside urban growth areas.
(2) A master planned
location for major industrial developments outside an urban growth area may be
included in the urban industrial land bank for the county if criteria
including, but not limited to, the following are met:
(a) New infrastructure
is provided for and/or applicable impact fees are paid;
(b) Transit-oriented
site planning and traffic demand management programs are implemented;
(c) Buffers are provided
between the major industrial development and adjacent nonurban areas;
(d) Environmental
protection including air and water quality has been addressed and provided for;
(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 is consistent with the county's development regulations
established for protection of critical areas; and
(h) An inventory of
developable land has been conducted as provided in RCW 36.70A.365.
(3) In selecting master
planned locations for inclusion in the urban industrial land bank, priority
shall be given to locations that are adjacent to, or in close proximity to, an
urban growth area.
(4) Final approval of
inclusion of a master planned location in the urban industrial land bank shall
be considered an adopted amendment to the comprehensive plan adopted pursuant
to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that
inclusion or exclusion of master planned locations may be considered at any
time.
(5) Once a master
planned location has been included in the urban industrial land bank,
manufacturing and industrial businesses that qualify as major industrial
development under RCW 36.70A.365 may be located there.
(6) Nothing in this
section may be construed to alter the requirements for a county to comply with
chapter 43.21C RCW.
(7)(a) The
authority of a county meeting the criteria of subsection (9) of this section
to engage in the process of including or excluding master planned locations
from the urban industrial land bank shall terminate on December 31, 1999.
However, any location included in the urban industrial land bank on December
31, 1999, shall ((remain)) be available for major industrial
development as long as the criteria of subsection (2) of this section ((continue
to be)) are met.
(b) The authority of
a county meeting the criteria of subsection (10) of this section to engage in
the process of including or excluding master planned locations from the urban
industrial land bank terminates on December 31, 2002. However, any location
included in the urban industrial land bank on December 31, 2002, shall be
available for major industrial development as long as the criteria of
subsection (2) of this section are met.
(8) For the purposes of
this section, "major industrial development" means a master planned
location suitable for manufacturing or industrial businesses 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; or (c) requires a location with
characteristics such as proximity to transportation facilities or related
industries such that there is no suitable location in an urban growth area.
The major industrial development may not be for the purpose of retail
commercial development or multitenant office parks.
(9) This section ((applies))
and the termination date specified in subsection (7)(a) of this section
apply to a county that at the time the process is established under
subsection (1) of this section:
(a) Has a population
greater than two hundred fifty thousand and is part of a metropolitan area that
includes a city in another state with a population greater than two hundred
fifty thousand;
(b) Has a population
greater than one hundred forty thousand and is adjacent to another country; or
(c) Has a population
greater than forty thousand but less than seventy-five thousand and has an
average level of unemployment for the preceding three years that exceeds the
average state unemployment for those years by twenty percent; and
(i) Is bordered by the
Pacific Ocean; or
(ii) Is located in the
Interstate 5 or Interstate 90 corridor.
(10) This section
and the termination date specified in subsection (7)(b) of this section apply
to a county that at the time the process is established under subsection (1) of
this section:
(a) Has a population
greater than forty thousand but fewer than eighty thousand;
(b) Has an average
level of unemployment for the preceding three years that exceeds the average
state unemployment for those years by twenty percent; and
(c) Is
located in the Interstate 5 or Interstate 90 corridor.
