BILL REQ. #:  S-0158.3 

Read first time 02/02/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to establishing the joint task force on siting of essential public facilities; adding a new section to chapter 36.70A RCW; creating a new section; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that current processes for the siting of essential public facilities fail to ensure that the costs and benefits of the facility are distributed in a fair and equitable manner. Throughout the state there are proposals for siting essential public facilities that will adversely impact surrounding neighborhoods and communities while benefiting the larger region or the entire state. In some cases the public entity planning the facility may not be directly accountable through democratic processes to the neighborhoods and communities that will be adversely impacted.
     The legislature also finds that although the growth management act requires that all local comprehensive plans include procedures for identifying and siting essential public facilities, the current requirements do not provide guidance as to mitigation responsibilities when there are adverse impacts on host and neighboring communities. The legislature further finds that countywide planning policy procedures and other mechanisms under the growth management act are often inadequate to involve all the impacted and benefited communities and jurisdictions to resolve both siting and mitigation responsibilities in a collaborative, regional manner.
     Therefore, the legislature finds that there is a need to clarify regional and state mitigation responsibilities and develop regional and state mitigation tools to compensate host communities that are impacted as a result of the siting of essential public facilities. The legislature further finds that those mitigation tools need to be incorporated into regional and statewide planning policies and agreements.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     (1) The joint task force on essential public facilities is created to consist of the following twelve members:
     (a) Four members of the house of representatives from diverse geographic locations, two from each of the two largest political caucuses, appointed by the speaker of the house of representatives;
     (b) Four members of the senate from diverse geographic locations, two from each of the two largest political caucuses, appointed by the president of the senate;
     (c) Four members representing local governments as follows:
     (i) One member representing cities, to be selected by the association of Washington cities;
     (ii) One member representing counties, to be selected by the Washington state association of counties;
     (iii) Two members representing the interests of general purpose and special purpose districts, selected jointly by the speaker of the house of representatives and the president of the senate.
     (2) The joint task force is cochaired by one senator and one representative appointed by the president of the senate and the speaker of the house of representatives, respectively.
     (3) The cochairs of the joint task force may appoint an advisory committee of nonvoting advisors and experts to provide input on various subjects. For purposes of this subsection, "advisors and experts" includes, but is not limited to, representatives of: Cities, counties, port districts, other special purpose districts, the office of the governor, and state agencies with planning functions and permitting authority.
     (4) Any final findings, conclusions, or recommendations of the joint task force must be agreed to by a majority of the members; however, minority findings, conclusions, or recommendations may be included that are submitted by any member or group of members.
     (5) The joint task force on essential public facilities shall:
     (a) Evaluate and develop processes to define regional and state mitigation responsibility resulting from the siting of essential public facilities of regional and statewide significance. Issues the task force shall consider include, but are not limited to: Definitions of essential public facilities, strategies for determining which communities are adversely impacted, ways to quantify the adverse impacts on communities, and ways to identify any regional or state responsibilities for mitigation;
     (b) Evaluate and develop funding options for state and regional jurisdictions to pay for mitigation costs; and
     (c) Consider options to incorporate regional and state mitigation responsibilities and funding tools into regional and state planning policies and agreements to ensure that regional and state mitigation measures will be fully implemented.
     (6) The joint task force on essential public facilities shall commence by June 1, 2005. The joint task force shall present a final report, including any legislative recommendations, to the legislature no later than January 1, 2006.
     (7) The powers and duties of the task force are terminated June 1, 2006.

NEW SECTION.  Sec. 3   This act expires June 1, 2006.

NEW SECTION.  Sec. 4   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 immediately.