BILL REQ. #:  H-1933.1 

Read first time 02/24/2005.   Referred to Committee on Local Government.

     AN ACT Relating to growth management planning; and amending RCW 36.70A.030, 36.70A.210, and 36.70A.215.

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

Sec. 1   RCW 36.70A.030 and 1997 c 429 s 3 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.
     (2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
     (3) "City" means any city or town, including a code city.
     (4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.
     (5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
     (6) "Department" means the department of community, trade, and economic development.
     (7) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
     (8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.
     (9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
     (10) "Land suitable for development" means all vacant, partially used, and underutilized parcels that are: (a) Designated for commercial, industrial, or residential use; (b) not intended for public use; and (c) not constrained by critical areas in a way that limits development potential and makes new construction on a parcel unfeasible.
     (11) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.
     (((11))) (12) "Minerals" include gravel, sand, and valuable metallic substances.
     (((12))) (13) "Performance measures" means an indicator providing consistent and reliable information over time to help gauge how a jurisdiction is achieving specified performance results. For purposes of this subsection, "indicator" means a quantifiable measurement or index.
     (14) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
     (((13))) (15) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
     (((14))) (16) "Reasonable measures" means comprehensive planning policies and development regulations that are likely to increase consistency with this chapter and the countywide planning policies and comprehensive plan.
     (17) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:
     (a) In which open space, the natural landscape, and vegetation predominate over the built environment;
     (b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;
     (c) That provide visual landscapes that are traditionally found in rural areas and communities;
     (d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;
     (e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;
     (f) That generally do not require the extension of urban governmental services; and
     (g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.
     (((15))) (18) "Rural counties" has the same meaning as in RCW 82.14.370(5).
     (19) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.
     (((16))) (20) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).
     (((17))) (21) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
     (((18))) (22) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.
     (((19))) (23) "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.
     (((20))) (24) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

Sec. 2   RCW 36.70A.210 and 1998 c 171 s 4 are each amended to read as follows:
     (1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "countywide planning policy" is a written policy statement or statements used solely for establishing a countywide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities.
     (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a countywide planning policy in cooperation with the cities located in whole or in part within the county as follows:
     (a) No later than sixty calendar days from July 16, 1991, the legislative authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a countywide planning policy. In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management.
     (b) The process and framework for adoption of a countywide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith.
     (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340.
     (d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the department of community, trade, and economic development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction.
     (e) No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a countywide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed countywide planning policy.
     (3) A countywide planning policy shall at a minimum, address the following:
     (a) Policies to implement RCW 36.70A.110;
     (b) Policies for promotion of contiguous and orderly development and provision of urban services to such development;
     (c) Policies for siting public capital facilities of a countywide or statewide nature, including transportation facilities of statewide significance as defined in RCW 47.06.140;
     (d) Policies for countywide transportation facilities and strategies;
     (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
     (f) Policies for joint county and city planning within urban growth areas;
     (g) Policies for countywide economic development and employment; ((and))
     (h) Policies for the allocation of projected population and employment growth, and the number of residential units necessary to accommodate growth in the urban and rural areas by jurisdiction;
     (i) Policies establishing appropriate densities for urban and rural areas;
     (j) Performance measures to annually review progress towards accommodating the twenty-year population and employment growth projections established in the countywide planning policies;
     (k) Policies that plan for and achieve a supply of housing sufficient to accommodate employment growth; and
     (l) An analysis of the fiscal impact.
     (4) Federal agencies and Indian tribes may participate in and cooperate with the countywide planning policy adoption process. Adopted countywide planning policies shall be adhered to by state agencies.
     (5) Failure to adopt a countywide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a countywide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a countywide planning policy.
     (6) Cities and the governor may appeal an adopted countywide planning policy to the growth management hearings board within sixty days of the adoption of the countywide planning policy.
     (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.

Sec. 3   RCW 36.70A.215 and 1997 c 429 s 25 are each amended to read as follows:
     (1) Subject to the limitations in subsection (((7))) (8) of this section, a county shall adopt, in consultation with its cities, countywide planning policies to establish a review and evaluation program. This program shall be in addition to the requirements of RCW 36.70A.110, 36.70A.130, and 36.70A.210. In developing and implementing the review and evaluation program required by this section, the county and its cities shall consider information from other appropriate jurisdictions and sources. The purpose of the review and evaluation program shall be to:
     (a) Determine whether a county and its cities are achieving urban densities within urban growth areas by comparing growth and development assumptions, targets, and objectives contained in the countywide planning policies and the county and city comprehensive plans with actual growth and development that has occurred in the county and its cities; and
     (b) Identify and adopt reasonable measures, other than adjusting urban growth areas, that will be taken to comply with the requirements of this chapter, which are sufficient to accommodate residential and nonresidential growth.
     (2) The review and evaluation program shall:
     (a) Encompass land uses and activities both within and outside of urban growth areas and provide for annual collection and reporting of data to the county on urban and rural land uses, development, critical areas, and capital facilities to the extent necessary to determine the quantity and type of land suitable for development, both for residential and employment-based activities;
     (b) Provide for evaluation of the data collected under (a) of this subsection every five years as provided in subsection (3) of this section. The first evaluation shall be completed not later than September 1, 2002. The county and its cities may establish in the countywide planning policies indicators, benchmarks, and other similar criteria to use in conducting the evaluation;
     (c) Provide for methods to resolve disputes among jurisdictions relating to the countywide planning policies required by this section and procedures to resolve inconsistencies in collection and analysis of data; and
     (d) Provide for the amendment of the countywide policies and county and city comprehensive plans and development regulations as needed to remedy an inconsistency identified through the evaluation required by this section, or to bring these policies into compliance with the requirements of this chapter.
     (3) At a minimum, the evaluation component of the program required by subsection (1) of this section shall:
     (a) Require a joint report from each county and its cities regarding regional growth patterns and trends, comparing employment, housing growth, and market conditions; and compiling data on new development. The report shall:
     (i) Evaluate whether or not the zoning and development regulations allow development at the densities sufficient to accommodate the adopted population and employment projections;
     (ii) Highlight the reasons for the difference between the planned outcomes and actual performance, such as market and other factors affecting the achievement of planned outcomes; and
     (iii) Indicate reasonable and appropriate actions adopted to encourage growth to occur sufficient to accommodate residential and nonresidential needs;
     (b) Determine whether there is sufficient land suitable ((land)) for development to accommodate the countywide population projection established for the county pursuant to RCW 43.62.035 and the subsequent population allocations within the county and between the county and its cities and the requirements of RCW 36.70A.110;
     (((b))) (c) Determine the net number and types of new residential dwelling units; the actual density of housing that has been constructed ((and)); the square footage of new nonresidential development permitted; the actual amount of land developed for commercial and industrial uses; the estimated net number of new jobs created countywide; and the amount of known environmentally sensitive land and lands that cannot be built upon within the urban growth area since the adoption of a comprehensive plan under this chapter or since the last periodic evaluation as required by subsection (1) of this section; and
     (((c))) (d) Based on the actual density of development as determined under (((b))) (c) of this subsection, review commercial, industrial, and housing needs by type and density range to determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the twenty-year planning period used in the most recently adopted comprehensive plan.
     (4) If the evaluation required by subsection (3) of this section demonstrates an inconsistency between what has occurred since the adoption of the countywide planning policies and the county and city comprehensive plans and development regulations and what was envisioned in those policies and plans and the planning goals and the requirements of this chapter, as the inconsistency relates to the evaluation factors specified in subsection (3) of this section, ((the county and its cities)) or demonstrates that the county or any city is not achieving the land use designations and densities planned for the jurisdiction in its comprehensive plan based on the evaluation factors specified in subsection (3) of this section, the county or city shall identify and adopt reasonable measures in order to accommodate the demand for residential units and nonresidential growth during the subsequent five-year period.
     (a) If actions to achieve consistency are necessary, the county or city shall revise its comprehensive land use plan and development or other regulations, or take other actions necessary to increase consistency, and ensure sufficient land suitable for development with applicable development regulations to accommodate projected residential units necessary for population growth, and achieved densities projected for the jurisdiction in the countywide planning policy and its comprehensive plan. The county or city shall adopt and implement appropriate measures within one year of conducting the evaluation under this section that are reasonably likely to increase consistency during the subsequent five-year period. If necessary, a county, in consultation with its cities as required by RCW 36.70A.210, shall adopt amendments to countywide planning policies to increase consistency. The county and its cities shall annually monitor the measures adopted under this subsection to determine their effect and may revise or rescind them as appropriate.
     (b) A county or city adopting actions shall, at a minimum, demonstrate that it has considered whether the urban land designated for residential and nonresidential uses is zoned at density ranges with applicable development regulations that are reasonably likely to be achieved by the market.
     (c) Actions to increase consistency in planned and achieved growth may include, but are not limited to, the following:
     (i) Incentives to encourage new development consistent with the local plan;
     (ii) Funding of infrastructure and amenities to attract development;
     (iii) Changes in land use regulations and zoning designations for land within the boundaries of the jurisdiction in a manner that encourages development to occur at densities sufficient to accommodate projected residential and nonresidential growth;
     (iv) Outreach programs to encourage developers to build the type of development sought in the jurisdiction's plan or development regulations; and
     (v) Improved procedures to reduce the time it takes the jurisdiction to issue permits.
     (5) Countywide planning policies may include additional incentive provisions and enforcement measures to accommodate growth and achieve goals.
     (6)(a) Not later than July 1, 1998, the department shall prepare a list of methods used by counties and cities in carrying out the types of activities required by this section. The department shall provide this information and appropriate technical assistance to counties and cities required to or choosing to comply with the provisions of this section.
     (b) By December 31, 2007, the department shall submit to the appropriate committees of the legislature a report analyzing the effectiveness of the activities described and measures taken by the counties and cities in this section in achieving the goals envisioned by the countywide planning policies and the comprehensive plans and development regulations of the counties and cities.
     (((6))) (7) From funds appropriated by the legislature for this purpose, the department shall provide grants to counties, cities, and regional planning organizations required under subsection (((7))) (8) of this section to conduct the review and perform the evaluation required by this section.
     (((7))) (8) The provisions of this section shall apply to counties, and the cities within those counties, that were greater than one hundred fifty thousand in population in 1995 as determined by office of financial management population estimates and that are located west of the crest of the Cascade mountain range. Any other county planning under RCW 36.70A.040 may carry out the review, evaluation, and amendment programs and procedures as provided in this section.