BILL REQ. #:  H-2383.1 

READ FIRST TIME 03/04/05.   

     AN ACT Relating to public participation requirements of the growth management act; amending RCW 36.70A.035 and 36.70A.140; and creating a new section.

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

Sec. 1   RCW 36.70A.035 and 1999 c 315 s 708 are each amended to read as follows:
     (1)(a) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to comprehensive plans and development regulations. Examples of reasonable notice provisions include:
     (((a))) (i) Posting the property for site-specific proposals;
     (((b))) (ii) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that will be affected by the proposal;
     (((c))) (iii) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
     (((d))) (iv) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
     (((e))) (v) Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas.
     (b) Counties and cities satisfying the requirements of RCW 36.70A.130 shall commence a public notification process consistent with (a) of this subsection no later than one year before the applicable completion date specified in RCW 36.70A.130(4) (a) through (d). If the applicable completion date is less than one year in the future on the effective date of this act, the affected city or county shall commence the public notification process as soon as reasonably possible.
     (2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to consider a change to an amendment to a comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the county's or city's procedures, an opportunity for review and comment on the proposed change shall be provided before the local legislative body votes on the proposed change.
     (b) An additional opportunity for public review and comment is not required under (a) of this subsection if:
     (i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;
     (ii) The proposed change is within the scope of the alternatives available for public comment;
     (iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
     (iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or
     (v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.
     (3) This section is prospective in effect and does not apply to a comprehensive plan, development regulation, or amendment adopted before July 27, 1997.

Sec. 2   RCW 36.70A.140 and 1995 c 347 s 107 are each amended to read as follows:
     (1)(a) Each county and city that is ((required or chooses to plan)) planning under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments.
     (b) In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order. ((Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.))
     (2) Counties and cities satisfying the requirements of RCW 36.70A.130 shall commence a public participation program consistent with subsection (1)(a) of this section no later than one year before the applicable completion date specified in RCW 36.70A.130(4) (a) through (d). If the applicable completion date is less than one year in the future on the effective date of this act, the affected city or county shall commence the public participation program as soon as reasonably possible.
     (3) Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.

NEW SECTION.  Sec. 3   This act is intended to be prospective, not retroactive, in its application.