BILL REQ. #:  H-4429.1 

Read first time 01/26/2004.   Referred to Committee on Local Government.

     AN ACT Relating to prohibiting cities or towns from imposing land use controls outside their jurisdiction through utility agreements; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.92 RCW; adding a new section to chapter 35A.21 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.21 RCW to read as follows:
     (1) Except as otherwise provided in subsection (2) of this section, a city or town that provides water or sewer service outside the corporate boundaries of the city or town shall not, as condition of providing water or sewer service, impose, demand, or negotiate any condition requiring:
     (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or
     (b) Other development or design requirements not required by the local government with jurisdiction over the property.
     (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if the conditions are necessary to the proper functioning of the water or sewer service. The burden of proof shall be on the city or town to demonstrate that the condition is necessary to the proper functioning of the water or sewer service.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.92 RCW to read as follows:
     (1) Except as otherwise provided in subsection (2) of this section, a city or town that provides water or sewer service outside the corporate boundaries of the city or town shall not, as condition of providing water or sewer service, impose, demand, or negotiate any condition requiring:
     (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or
     (b) Other development or design requirements not required by the local government with jurisdiction over the property.
     (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if the conditions are necessary to the proper functioning of the water or sewer service. The burden of proof shall be on the city or town to demonstrate that the condition is necessary to the proper functioning of the water or sewer service.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.21 RCW to read as follows:
     (1) Except as otherwise provided in subsection (2) of this section, a city that provides water or sewer service outside the corporate boundaries of the city shall not, as condition of providing water or sewer service, impose, demand, or negotiate any condition requiring:
     (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or
     (b) Other development or design requirements not required by the local government with jurisdiction over the property.
     (2) A city may impose conditions not otherwise allowed under subsection (1) of this section if the conditions are necessary to the proper functioning of the water or sewer service. The burden of proof shall be on the city to demonstrate that the condition is necessary to the proper functioning of the water or sewer service.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2004.