Brief Description: Modifying the boundary review board's authority to alter annexation proposals.

Sponsors: Representatives Chandler, B. Sullivan, Dunn, Takko, Orcutt, Schindler, Newhouse, Dunshee and Woods.

Hearing Date: 1/30/06

Staff: Kasa Tupua (786-7291).

Background:

In 1967, the Legislature created boundary review boards (BRBs) for the purposes of guiding and controlling the creation and growth of municipalities in metropolitan areas. Under current law, BRBs are created and established in counties with at least 210,000 residents, and may also be created and established in any other county.

Statute provides that BRBs may review any proposed actions pertaining to:

• the creation, incorporation, or change in the boundary of any city, town, or special purpose district;
• the assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district located within such city or town;
• the creation of or change in boundaries of a mutual water and sewer system or separate sewer system; or
• the expansion of permanent sewer or water service outside of its existing service area by a city, town, or special purpose district.

Once a BRB receives a request for review that satisfies statutory requirements, and after an invocation of a board's jurisdiction, a BRB must review and approve, disapprove, or modify any of the proposed actions within 45 days. If a period of 45 days passes without the board's jurisdiction being invoked, the proposed action must be deemed approved.

Subject to certain limitations, a BRB may modify a proposal by adjusting boundaries to add or delete territory. In modifying proposals, a BRB must not:

• add additional territory in an amount greater than that included in the original proposal;
• interfere with the authority of a city, town, or special purpose district to require or not require preannexation agreements, petitions, or covenants;
• modify the proposed incorporation of a city with 7,500 or more residents by removing territory from or adding territory to the proposal, that constitutes 10 percent or more of the total area included within the proposal; and
• modify the proposed incorporation of a city with 7,500 or more residents to reduce the territory such that the population is reduced below 7,500.

Summary of Bill:

The boundary review board's authority to modify annexation proposals is revised. Subject to statutory provisions, the BRB may not add territory to a proposal for annexation in an amount that is greater than 100 percent of the amount included in the original proposal.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.