| Passed by the Senate April 17, 2003 YEAS 47 ________________________________________ President of the Senate Passed by the House April 10, 2003 YEAS 95 ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5507 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/28/2003. Referred to Committee on Land Use & Planning.
AN ACT Relating to standing before growth management hearings boards; amending RCW 36.70A.280; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 This act is intended to codify the
Washington State Court of Appeals holding in Wells v. Western
Washington Growth Management Hearings Board, 100 Wn. App. 657 (2000),
by mandating that to establish participation standing under the Growth
Management Act, a person must show that his or her participation before
the county or city was reasonably related to the person's issue as
presented to the growth management hearings board.
Sec. 2 RCW 36.70A.280 and 1996 c 325 s 2 are each amended to read
as follows:
(1) A growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That a state agency, county, or city planning under this
chapter is not in compliance with the requirements of this chapter,
chapter 90.58 RCW as it relates to the adoption of shoreline master
programs or amendments thereto, or chapter 43.21C RCW as it relates to
plans, development regulations, or amendments, adopted under RCW
36.70A.040 or chapter 90.58 RCW; or
(b) That the twenty-year growth management planning population
projections adopted by the office of financial management pursuant to
RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a county or
city that plans under this chapter; (b) a person who has participated
orally or in writing before the county or city regarding the matter on
which a review is being requested; (c) a person who is certified by the
governor within sixty days of filing the request with the board; or (d)
a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual,
partnership, corporation, association, state agency, governmental
subdivision or unit thereof, or public or private organization or
entity of any character.
(4) To establish participation standing under subsection (2)(b) of
this section, a person must show that his or her participation before
the county or city was reasonably related to the person's issue as
presented to the board.
(5) When considering a possible adjustment to a growth management
planning population projection prepared by the office of financial
management, a board shall consider the implications of any such
adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a board must be
documented and filed with the office of financial management within ten
working days after adoption.
If adjusted by a board, a county growth management planning
population projection shall only be used for the planning purposes set
forth in this chapter and shall be known as a "board adjusted
population projection". None of these changes shall affect the
official state and county population forecasts prepared by the office
of financial management, which shall continue to be used for state
budget and planning purposes.