1490-S AMH SHOR OSBO 057

SHB 1490 - H AMD TO H AMD (1490-S AMH NELS H2585.4) 328

By Representative Short

NOT CONSIDERED 4/26/2009

    On page 33, after line 14 of the striking amendment, insert the following:

"Sec. 20.  RCW 36.70A.345 and 1994 c 249 s 33 are each amended to read as follows:

(1) The governor may impose a sanction or sanctions specified under RCW 36.70A.340 on:  (((1))) (a) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under RCW 36.70A.170 by the date such action was required to have been taken; (((2))) (b) a county or city that fails to adopt development regulations under RCW 36.70A.060 protecting critical areas or conserving agricultural lands, forest lands, or mineral resource lands by the date such action was required to have been taken; (((3))) (c) a county that fails to designate urban growth areas under RCW 36.70A.110 by the date such action was required to have been taken; and (((4))) (d) a county or city that fails to adopt its comprehensive plan or development regulations when such actions are required to be taken.

(2) Given the lack of available technology and the data necessary to provide credible analysis and assessments at the local level, the governor may not sanction a community based on its failure to reduce either greenhouse gas emissions or vehicle miles travelled.

(3) Imposition of a sanction or sanctions under this section shall be preceded by written findings by the governor, that either the county or city is not proceeding in good faith to meet the requirements of the act; or that the county or city has unreasonably delayed taking the required action.  The governor shall consult with and communicate his or her findings to the appropriate growth management hearings board prior to imposing the sanction or sanctions.  For those counties or cities that are not required to plan or have not opted in, the governor in imposing sanctions shall consider the size of the jurisdiction relative to the requirements of this chapter and the degree of technical and financial assistance provided."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

    Correct the title.

EFFECT:  Prohibits the governor from imposing sanctions on a community based on its failure to either reduce greenhouse gas emissions or vehicle miles travelled. 

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