BILL REQ. #:  S-1562.1 

Read first time 02/15/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to timelines for required comprehensive plan and development regulation updates; and amending RCW 36.70A.130.

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. 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. 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) 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 subsections (5) through (7) 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) 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. 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. 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 subsections (5) through (7) 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 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 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 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 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) If a county planning under RCW 36.70A.040 meets all of the criteria in (a) through (e) of this subsection, its legislative body may by resolution choose to forgo one update required by subsection (4) of this section every fourteen years.
     (a) The county has a population of less than twenty thousand two years prior to the date it is required to conduct its review as required in subsection (4) of this section;
     (b) The county had its population increase by less than seventeen percent in the ten years prior to the official population estimates issued by the office of financial management more than two years prior to the update deadline required under subsection (4) of this section;
     (c) The department of community, trade, and economic development determines that the county has revised its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to comply with RCW 36.70A.060, 36.70A.170, and 36.70A.172(1);
     (d) The county has complied with any final decisions and orders issued under RCW 36.70A.300(3)(b) finding the policies or development regulations violate this chapter or the matter is on appeal as provided in RCW 36.70A.300(5); and
     (e) The review is the first required by subsection (4) of this section or the county completed the prior review required by subsection (4) of this section.
     (6) If a city planning under RCW 36.70A.040 meets all of the criteria in (a) through (g) of this subsection, its legislative body may by resolution choose to forgo one update required by subsection (4) of this section every fourteen years.
     (a) The city has a population of less than one thousand five hundred two years prior to the date it is required to conduct its review as specified in subsection (4) of this section;
     (b) The city had its population increase by less than seventeen percent or one hundred people whichever is greater in terms of population in the ten years prior to the official population estimates issued by the office of financial management more than two years prior to the update deadline required under subsection (4) of this section;
     (c) The department of community, trade, and economic development determines that the city has revised its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to comply with RCW 36.70A.060, 36.70A.170, and 36.70A.172(1);
     (d) The city has complied with any final decisions and orders issued under RCW 36.70A.300(3)(b) finding the policies or development regulations violate this chapter or the matter is on appeal as provided in RCW 36.70A.300(5);
     (e) There are no proposals to expand the urban growth area in which the city is located;
     (f) RCW 36.70A.215 does not apply to the city; and
     (g) The review is the first required by subsection (4) of this section or the city completed the prior review required by subsection (4) of this section.
     (7) If a county or city not planning under RCW 36.70A.040 meets all of the requirements of (a) through (c) of this subsection, its legislative body may by resolution choose to forgo one update required by subsection (4) of this section every fourteen years.
     (a) The department of community, trade, and economic development determines that the county or city has revised its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to comply with RCW 36.70A.060, 36.70A.170, and 36.70A.172(1);
     (b) The county or city has complied with any final decisions and orders issued under RCW 36.70A.300(3)(b) finding the policies or development regulations violate this chapter or the matter is on appeal as provided in RCW 36.70A.300(5); and
     (c) The review is the first required by subsection (4) of this section or the county or city completed the prior review required by subsection (4) of this section.
     (8)(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))) (9) 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. Except as otherwise provided, 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))) (10) 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). 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. 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.