BILL REQ. #:  H-1654.1 

Read first time 02/16/2005.   Referred to Committee on Local Government.

     AN ACT Relating to establishing compliance tiers for review and revision requirements mandated by RCW 36.70A.130; amending RCW 36.70A.130; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read as follows:
     (1)(a) Each comprehensive land use plan and development regulations shall be subject to ((continuing)) review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.
     (b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section.
     (c) The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.
     (((b))) (d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.
     (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section or in accordance with the provisions of subsection (5) of this section. Amendments may be considered more frequently than once per year under the following circumstances:
     (i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
     (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and
     (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.
     (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.
     (3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.
     (b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.
     (c) The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.
     (4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. Except as provided in subsection (5) of this section, the schedule established by the department shall provide for the reviews and evaluations to be completed as follows:
     (a) On or before December 1, 2004, and every ((seven)) ten years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
     (b) On or before December 1, 2005, and every ((seven)) ten years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
     (c) On or before December 1, 2006, and every ((seven)) ten years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
     (d) On or before December 1, 2007, and every ((seven)) ten years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
     (5)(a) A county or city not planning under RCW 36.70A.040 may defer its review and revision requirements pursuant to subsection (1) of this section if the county or city is in compliance with the provisions of this chapter regarding critical areas and natural resource lands on the earliest applicable date specified in subsection (4) of this section.
     (b) A county planning under RCW 36.70A.040 may defer its review and revision requirements pursuant to subsection (1) of this section if:
     (i) The county has a population of fewer than seventy-five thousand two years before the applicable date specified in subsection (4) of this section;
     (ii) The population of the county has increased by seventeen percent or fewer during the ten-year period concluding two years before the applicable date provided in subsection (4) of this section; and
     (iii) The county is in compliance with the provisions of this chapter regarding critical areas and natural resource lands on the earliest applicable date specified in subsection (4) of this section.
     (c) A city planning under RCW 36.70A.040 within a county that is not subject to the provisions of RCW 36.70A.215 may defer its review and revision requirements pursuant to subsection (1) of this section if:
     (i) The city has fewer than five thousand people two years before the applicable date specified in subsection (4) of this section;
     (ii) The population of the city has increased by seventeen percent or fewer during the ten-year period concluding two years before the applicable date specified in subsection (4) of this section;
     (iii) The urban growth area established under RCW 36.70A.110 within which the city is located has not been enlarged since its adoption or the last update required by this chapter; and
     (iv) The city is in compliance with the provisions of this chapter regarding critical areas and natural resource lands on the earliest applicable date specified in subsection (4) of this section.
     (d) A city planning under RCW 36.70A.040 within a county that is subject to the provisions of RCW 36.70A.215 may defer its review and revision requirements pursuant to subsection (1) of this section if:
     (i) The city has fewer than fifteen hundred people two years before the applicable date specified in subsection (4) of this section;
     (ii) The population of the city has increased by seventeen percent or fewer during the ten-year period concluding two years before the applicable date specified in subsection (4) of this section;
     (iii) The urban growth area established under RCW 36.70A.110 within which the city is located has not been enlarged since its adoption or the last update required by this chapter; and
     (iv) The city is in compliance with the provisions of this chapter regarding critical areas and natural resource lands on the earliest applicable date specified in subsection (4) of this section.
     (e)(i) As used in this section, "defer" or "deferral" means the jurisdiction may satisfy the review and revision requirements pursuant to subsection (1) of this section twenty years after the applicable dates specified in subsection (4) of this section. An option to defer may not be invoked consecutively.
     (ii) Counties and cities that are not in compliance with the provisions of this chapter or chapter 90.58 or 43.21C RCW as provided by RCW 36.70A.300(3)(b) or 36.70A.330 are not eligible for a deferral under this subsection (5).
     (iii) Counties and cities eligible for a deferral as provided by this subsection (5), unless providing written notice of the contrary to the department, are presumed to be invoking the option to defer. These counties and cities, however, must notify the department of their deferral intentions on or before the earliest applicable date specified in subsection (4) of this section.
     (iv) The department shall keep and maintain a file of jurisdictions meeting the deferral criteria provided in this subsection (5).
     (f) Population determinations under this subsection (5) shall be made using population determinations produced by the office of financial management as required by chapter 43.62 RCW.
     (6)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
     (b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.
     (((6))) (c)(i) The department shall, in coordination with the department of ecology and the department of fish and wildlife, compile sample policies and regulations that provide guidance to cities invoking the option to defer under subsection (5) of this section. The policies and regulations shall provide guidance to these cities pertaining to compliance with the provisions of this chapter regarding critical areas and natural resource lands.
     (ii) The policies and regulations shall be distributed by the department to requesting cities by September 1, 2005, and, as appropriate, each subsequent year.
     (iii) Cities adhering to the provisions of these policies and regulations may request defense assistance from the applicable department or departments when a substantive challenge to a comprehensive plan or development regulation adopted in accordance with the provisions of these policies and regulations is filed pursuant to RCW 36.70A.280. The applicable department or departments shall honor these defense assistance requests.
     (7) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.
     (((7))) (8)(a) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1).
     (b) Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030.
     (c) Counties and cities that received grants, loans, pledges, or financial guarantees from the department to complete the requirements imposed under this section and that invoke the option to defer under subsection (5) of this section must refund grants, loans, pledges, or financial guarantees to the department provided for responsibilities that are being deferred. All refunds from a deferring county or city must be returned to the department before the earliest applicable date specified in subsection (4) of this section.
     (d) Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.