BILL REQ. #:  S-0888.1 

Read first time 02/03/2003.   Referred to Committee on Land Use & Planning.

     AN ACT Relating to planning and siting of commercial aviation facilities; amending RCW 47.68.020 and 36.70A.200; and adding new sections to chapter 47.68 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 47.68 RCW to read as follows:
     (1) In addition to any other powers, duties, and functions as provided under this chapter, the aviation division of the department shall plan and site new commercial aviation facilities in Washington state. The responsibility of the division under this subsection is to make airport siting recommendations and decisions that integrate both state and regional commercial aviation needs. Accordingly, the division 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 authority shall review existing information and analyses regarding the siting issue. The division may also hire staff for technical evaluation, analysis, and research associated with the preparation of its siting recommendations. The division may also consider relationships between proposed facilities and other existing or planned transportation facilities of statewide interest such as airports, rail services, ferry systems, or highways. Once the division has made a decision, it must inform in writing the legislative transportation committee, the transportation committees of the legislature, the transportation commission, the county or city affected, and the regional transportation planning organization located in the region in which the commercial aviation facility will be sited. A decision by the authority binds the state and each of its political subdivisions, such as departments, agencies, divisions, bureaus, commissions, boards, counties, cities, towns, ports, and special districts regarding approval of a site and the construction and operation of a commercial aviation facility.
     (2) The department may adopt rules to implement this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.68 RCW to read as follows:
     Section 1 of this act supersedes other laws for establishing the location of commercial aviation facilities. 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.

Sec. 3   RCW 47.68.020 and 1993 c 208 s 4 are each amended to read as follows:
     As used in this chapter, unless the context clearly indicates otherwise:
     (1) "Aeronautics" means the science and art of flight and including but not limited to transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or air navigation facilities; and instruction in flying or ground subjects pertaining thereto.
     (2) "Aircraft" means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
     (3) "Airport" means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or right-of-way, together with all airport buildings and facilities located thereon.
     (4) "Division" means the aviation division of the state department of transportation.
     (5) "Commercial aviation needs" means facilities and services necessary for the successful operation of a commercial aviation operation.
     (6) "Department" means the state department of transportation.
     (((5))) (7) "Secretary" means the state secretary of transportation.
     (((6))) (8) "State" or "this state" means the state of Washington.
     (((7))) (9) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
     (((8))) (10) "Operation of aircraft" or "operate aircraft" means the use, navigation, or piloting of aircraft in the airspace over this state or upon any airport within this state.
     (((9))) (11) "Airman or airwoman" means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, airframes, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher or air-traffic control tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, airframes, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the person.
     (((10))) (12) "Aeronautics instructor" means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics, but excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, while in the performance of his or her duties at such school, university, or institution.
     (((11))) (13) "Air school" means any person who advertises, represents, or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward; but excludes any public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work.
     (((12))) (14) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.
     (((13))) (15) "Municipal" means pertaining to a municipality, and "municipality" means any county, city, town, authority, district, or other political subdivision or public corporation of this state.
     (((14))) (16) "Airport hazard" means any structure, object of natural growth, or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
     (((15))) (17) "State airway" means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation.

Sec. 4   RCW 36.70A.200 and 2002 c 68 s 2 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. Commercial aviation facilities must be sited by the process set forth under section 1 of this act.
     (2) Each county and city planning under RCW 36.70A.040 shall, not later than September 1, 2002, 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 September 1, 2002, 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.
     (6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 42.17.020, corporation, partnership, association, and limited liability entity.
     (7) Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW 71.09.341.
     (8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not:
     (a) A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
     (b) A consideration for grants or loans provided under RCW 43.17.250(2); or
     (c) A basis for any petition under RCW 36.70A.280 or for any private cause of action.