S-3933

AN ACT Relating to siting of facilities for personal wireless services; amending RCW 35.63.200, 35A.63.220, 36.70.795, and 36.70A.390; and reenacting and amending RCW 35.99.050 and 35A.21.245.

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

Sec. 1. RCW 35.99.050 and 2000 c 83 s 5 are each reenacted and amended to read as follows:

(1) A city or town ((~~shall~~)) may not place ((~~or extend~~)) a moratorium or interim zoning control on siting facilities for personal wireless services that exceeds one hundred eighty days. A moratorium or interim zoning control may be renewed up to an additional one hundred eighty days if: (a) The city or town and affected companies seeking to locate personal wireless facilities agree to the renewal; or (b) the renewal is supported by a work plan that is developed and agreed upon by the city or town and affected companies seeking to locate personal wireless facilities. A city or town may not place a moratorium or interim zoning control, including renewals, more often than once in a five-year period.

(2) Moratoria and interim zoning controls must not be used to stall, discourage, or otherwise effectively prohibit the placement of personal wireless facilities within a community.

(3) During the time a moratorium or interim zoning control is in effect, a city or town will continue to process complete applications for the placement of personal wireless facilities that were filed before the effective date of the moratorium or interim zoning control.

(4) During the time a moratorium or interim zoning control is in effect, a city or town will continue to accept and process, to the degree possible, applications for the placement of personal wireless facilities.

(5) Any city or town implementing a moratorium or interim zoning control will, at the request of any company seeking to locate personal wireless facilities affected by the moratorium or interim zoning control, participate with the service provider in the informal dispute resolution process included within section II of the guidelines for facilities siting implementation as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association.

(6) The limitation on moratoria and interim zoning controls in subsection (1) of this section includes any moratoria or interim zoning controls concerning the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any facilities for personal wireless services((, except as consistent with the guidelines for facilities siting implementation, as agreed to on August 5, 1998, by the federal communications commission's local and state government advisory committee, the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or town implementing such a moratorium shall, at the request of a service provider impacted by the moratorium, participate with the service provider in the informal dispute resolution process included with the guidelines for facilities siting implementation)).

Sec. 2. RCW 35A.21.245 and 2000 c 83 s 10 are each reenacted and amended to read as follows:

Each code city is subject to the requirements and restrictions regarding facilities and rights of way under ((~~this~~)) chapter 35.99 RCW.

Sec. 3. RCW 35.63.200 and 1992 c 207 s 1 are each amended to read as follows:

A council or board that adopts a moratorium or interim zoning control, without holding a public hearing on the proposed moratorium or interim zoning control, shall hold a public hearing on the adopted moratorium or interim zoning control within at least sixty days of its adoption, whether or not the council or board received a recommendation on the matter from the commission. If the council or board does not adopt findings of fact justifying its action before this hearing, then the council or board shall do so immediately after this public hearing. A moratorium or interim zoning control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium or interim zoning control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

A council or board is also subject to the moratorium and interim zoning control provisions in RCW 35.99.050.

Sec. 4. RCW 35A.63.220 and 1992 c 207 s 3 are each amended to read as follows:

A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

A legislative body is also subject to the moratorium and interim zoning control provisions in RCW 35.99.050.

Sec. 5. RCW 36.70.795 and 1992 c 207 s 4 are each amended to read as follows:

A board that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the board received a recommendation on the matter from the commission or department. If the board does not adopt findings of fact justifying its action before this hearing, then the board shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

A board is also subject to the moratorium and interim zoning control provisions in RCW 35.99.050.

Sec. 6. RCW 36.70A.390 and 1992 c 207 s 6 are each amended to read as follows:

A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.

This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions.

A county or city governing body is also subject to the moratorium and interim zoning control provisions in RCW 35.99.050.