BILL REQ. #:  S-1400.2 

Read first time 02/16/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to example critical areas policies or regulations; and amending RCW 36.70A.172, 36.70A.280, and 36.70A.290.

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

Sec. 1   RCW 36.70A.172 and 1995 c 347 s 105 are each amended to read as follows:
     (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
     (2) In fulfilling some or all of the requirements of this section and RCW 36.70A.060, a city or county may adopt example critical areas policies or regulations prepared by the department of community, trade, and economic development, the department of fish and wildlife, or the department of ecology, or their successor state agencies, that comply with the requirements of this section.
     (a) The example policies or regulations must comply with this section and RCW 36.70A.020 (8) through (11) and 36.70A.060.
     (b) In preparing and approving the example policies or regulations, the state agency shall broadly involve the public and interested groups and organizations. The public involvement must be equivalent to that required by RCW 36.70A.020(11), 36.70A.035, 36.70A.130, and 36.70A.140. Opportunities for public involvement must be provided for state agencies with expertise, federal agencies with expertise, and Indian tribes and nations.
     (c) The proposed example policies or regulations must be peer reviewed by scientists and other professionals with expertise in the fields covered by the policies or regulations. Some of the scientists or professionals conducting the peer review may not be employees of the department proposing the example policies or regulations. The results of the peer review must be summarized in writing and be distributed through the state agency's web site.
     (d) After the state agency gives final approval to the example policies or regulations, the state agency shall publish a notice of adoption in the state register and on the state agency's web site. The notice must include the date the example policy or regulation was given final approval by the state agency, how to obtain a copy, and the date of publication, and may include other information as the agency decides to include. A copy of this notice must be mailed to any person or organization who requested a copy of the notice within five days of the publication of the notice in the state register. With the approval of the person or agency who requested a copy, the notice may be delivered by electronic mail.
     (e) Example policies or regulations that otherwise comply with this section but were given final approval before the effective date of this section, may be reapproved by the state agency and the notice required in (d) of this subsection given. Alternatively, the state agency may readopt the example policies or regulations following the full requirements of this subsection (2).
     (f) At least once every seven years, the state agency that gave final approval to example policies or regulations shall review and, if necessary to incorporate best available science that became available after it prepared the example policies or requirements or to otherwise comply with this section, update them. If the state agency decides to update the example policies or regulations, it shall comply with this subsection (2) including giving the notice required by (d) of this subsection. The state agency shall publish a notice of its decision not to update the example policies or regulations in the state register and on the agency web site. The notice must include the date the example policy or regulation was given final approval by the state agency, how to obtain a copy, and the date of publication, and may include other information as the agency decides to include. A copy of this notice must be mailed to any person or organization who requested a copy of the notice when the policy or regulation was last adopted within five days of the publication of the notice in the state register. With the approval of the person or agency who requested a copy, the notice may be delivered by electronic mail.
     (g) A policy or regulation is not considered best available science solely because it is included in a policy or regulation adopted under this subsection (2).
     (3) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.

Sec. 2   RCW 36.70A.280 and 2003 c 332 s 2 are each amended to read as follows:
     (1) A growth management hearings board shall hear and determine only those petitions alleging either:
     (a) Except as provided in subsection (6) of this section, that a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; ((or))
     (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted; or
     (c) That an example policy or regulation given final approval by a state agency under RCW 36.70A.172(2) complies with RCW 36.70A.172(2) or chapter 43.21C RCW. Any appeal under this subsection (1)(c) must be filed with the growth management hearings board that has jurisdiction over Thurston county.
     (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.
     (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
     (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
     (5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
     The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
     If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
     (6) If adopted more than ninety days after the state agency gives notice as required by RCW 36.70A.172(2) and no appeals are filed or after a growth management hearings board, either originally or on remand from the highest court to which it is appealed, decides the example policy or regulation complies with RCW 36.70A.172(2) and chapter 43.21C RCW, whichever date is later, then the adoption by a city or county of an example policy or regulation given final approval by a state agency under RCW 36.70A.172(2) may only be appealed to determine compliance by the city or county with RCW 36.70A.020(11), 36.70A.035, 36.70A.130, and 36.70A.140.

Sec. 3   RCW 36.70A.290 and 1997 c 429 s 12 are each amended to read as follows:
     (1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board. The board shall render written decisions articulating the basis for its holdings. The board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by any prehearing order.
     (2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.
     (a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.
     (b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
     Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
     (c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government's shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.
     (3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, or the parties have filed an agreement to have the case heard in superior court as provided in RCW 36.70A.295, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.
     (4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
     (5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.
     (6) All petitions relating to whether or not an example policy or regulation adopted by a state agency complies with RCW 36.70A.172(2) or chapter 90.58 or 43.21C RCW must be filed within ninety days after publication of the public notice required by RCW 36.70A.172(2) (d) through (f).